:

t .M-M^-M^^^^^ ^.M-M^^. »» M M t t t f

Watson's Magazine I

Lncered as second-c(ass maUer January 4. 1911, at the Post Office at Thomsor,. Georgia. Under the effct of March 3, 1879. ONE DOLLAR PER YEAR _ TEN CENTS PER eOPY X

^ Vo{. XX, MARCH, i 1915 No, 5

I eONTENTS

FRONTISPlEeE-"The Shaming of Georgia." by Puck.

f === ¥•f SPECIAL X JlRTieLES AND EDITORIALS-T/ios. E. Watson

> cJI FULL REVIEW OF THE LEO FRANK CASE 235

t EDITORIAL NOTES AND CLIPPINGS 282 t

-f

FOR THE GOOD OF THE X SERVICE (^ Poem) Ralph M. Thomson 278 I

FREE PRESS f^^^^y Weinberger 279 t BOOK REVIEWS ^g^

^» » Published Monthly by THE JEFFERSONIAN PUBLISHING COMPANY, Thomson. Ga. t ..M-M-4»» » » »

:

K» »-• >^^M-^M"M>^ ^^^t Watson's Magazine j |

Entered as second-class matter January 4, 1911, at the Post Office at Thomson. Georgia. Under the Jlct of March 3. 1879.

ONE DOLLAR PER YEAR .., TEN CENTS PER COPY '^^^^^^^ ^ »-M-M-M>^>-M-^^^^>^^^

X CONTENTS

FRONTISPIEeE—"The Shaming of Georgia," by Puck. f f -f X SPECIAL cffRTieLES AND EDITORIALS-Thos. E. Watson X X

X . EDITORIAL NOTES AND CLIPPINGS 282 ^ f f f f X FOR THE GOOD OF THE SERVICE (g/? Poem) Ralph M. Thomson 278

FREE PRESS Henry Weinberger 279

BOOK REVIEWS 292

Published Monthly by THE JEFFERSONIAN PUBLISHING COMPANY, Thomson, Ga. t

!:

Watson's Magazine THOS. E. WATSON, Editor

A Full Review of the Leo Frank Case

Ox the 23rd page of Puch^ for the gia. The advertisement states that the week ending January 16, 1915, Keely Cure is "John Barleycorn's Mas- there is, in the smallest possible ter," and that during the last thirty- type, in the smallest possible space, at five years half-a-million victims of the the bottom of the page, the notice of drink appetite have been cured. oionership, required hy laio. Therefore, the Strauss magazine m Mankind are informed that Puck is open to contributions from both sides. published by a corporation of the same Those who don't want the Keely Cure, name, Nathan Strauss, Jr., being Presi- are told where to get the liquor; while dent, and H. Grant Strauss being Sec- those who have had too much of the retary' and Treasurer. You are author- liquor, are told where to get the Keely ized, therefore, to give credit to the Cure. In either event, the Strauss Strauss family for the unparalleled family continue to do business, and to campaign of falsehood and defamation add diligent shekels to the family pile. which Puch has persistently waged Puck is one of those magazines which against the State of Georgia, her peo- indulges in fun, for the entertainment ple, and her courts. Inasmuch as the of the human race. You can nearly Strauss family once lived in Georgia, always tell what sort of a man it is, and are loudlv professing their ardent by the jokes he carries around with devotion to the State of their birth, him. In parallel column to the ad. of you mav feel especiallv interested in the Sunny Brook Wliiskey, Puck places Puck. a delicate little bit of humor, like this Looking over the pages of this "We stand behind the goods we sell!" Strauss publication. I find a character- The silver-throated salesman said. istic thing: on page there is an 22, "No! No!" cried pretty, blushing Nell, illustrated advertisement of "Sunny "You see, I want to buy a bed!" Brook Whiskey" which is recom- mended as "a delightful beverage, and Another bit of refined fun, which is a wholesome tonic.'' To give force to so good that the Strauss family went the words of testimonial, there is a to the expense of a quarter-page car- picture of an ideally good-looking man, toon, represents a portly evangelical and this smiling Apollo is pointing his bishop, seated in the elegant room of a index finger at a large bottle of the young mother, who is at the tea-table, delightful Sunny Brook fire-water. close by, pouring "the beverage which On the next page, is a strikingly cheers but not inebriates." Her little boxed advertisement of "The Keely boy sits on the bishop's knee, and the Cure Treatment." with references to kindly gentleman, with one hand on such nationally known stew-it-out re- the lad's plump limb, exclaims, "My sorts as Hot Springs, Arkansas: Jack- my! AVhat sturdy little legs!" and the

sonville. Florida ; and Atlanta. Geor- boy answers, "O, you ought to see —

236 WATSON'S MAGAZINE. mother's!" and the mother is in arm's But, to continue: length of the bishop! That whiskey is killing daily more men in the United States than the war is taking The tone of Puck, and its sense of away in Europe, was one of the staleiiients responsibility to its readers, when dis- emphasized by Mr. Hobson. —New York cussing matters of the gravest public Tribune. concern, is shown by its treatment of Is it to be wondered that the cause of the profoundly serious and important Prohibition, championed with such rubbish as this, met with a decisive and well-de- subject of Prohibition. I quote what served defeat? Puck says, not to exhibit Kichiiiond Pearson Hobson, or the pros and cons The prominent feature of this num- of Congressional legislation on that ber of Puck, is another full-page car- question, but to exhibit the levity and toon, by Hy Mayer, representing Leo dishonesty of Puck: Frank, this time, as an innocent prisoner barred from his freedom by Congress was treated to an excellent vaudeville a few days ago as part of the the symbolic columns of "Wisdom, prohibition propaganda engineered by that Justice, and Moderation," as they ap- earnest young white-ribboner, Richard pear on Georgia's coat of arms. The Pearson Hobson. From all press reports Strauss accusation is, that the State has of the session, it must have been an inspir- falsified ing sight. her ow^n motto, and converted her temple into a Bastille, through Mr. Hobson had placed in the "well" of the House—the big space in front of the wliose bars the innocent Frank is gaz- clerk's desk—twenty large lettered plac- ing outward for the liberty of which ards pointing out the alleged evils of the lie has been so unlawfully deprived. "liquor curse." Some of those placards A paragraph on another i)age runs were: "Alcoholic Dogs Had More Feeble and Defective Puppies," "Destructive thus: Effect of Alcohol on Guinea Pigs," etc. New York Tribune. IN SAFE HANDS AT LAST. Puck has long pointed out the terrible Perhaps the Georgia mob that hooted effects of alcoholic indulgence among our its way to fame outside the court-room canine friends. It feels, with Mr. Hobson, where Frank was being tried for his life a heartfelt pity at the picture of a tipsy will now pack up its carpet-bags and terrier going home to a boneless doghouse journey to Washington. and a hungry litter. But Mr. Hobson's The Supreme Court of the United States flapdoodle did not stop here. He rants: would doubtless be tremendously overawed "The national liquor trust in America by a demonstration of mob violence on the opened four different headquarters in Ala- part of an Atlanta delegation. bama and conducted the major part of the great c'ampaign against me, with their one What are people to do, when merce- hundred stenographers and eight hundred nary detectives, and newspapers, and men on the salaried payroll. I found out Hessians of the pen, hire themselves to also that Wall Street—and I am not guess- ing—raised a fund which was sent there to push a propaganda of libel and race defeat me."—New York Tribune. prejudice, in the determined effort to

Poor old Wall Street! No sooner is it hide the evidence of Frank's guilt, out of the doldrums of an enforced vaca- nullify' the calm decisions of our high- tion than it is dragged into action to lead est court, and substitute the clamor of that peerless force of "one hundred stenog- the impartial raphers and eight hundred salaried men" Big Money for stern, against Mr Hobson. It is a heart-rendii;g mandate of the Law? picture, this spectacle of impoverished In this same issue of the Strauss financiers passing 'round the hat to coiloct magazine, is another cartoon, bv M. a fund to be used in behalf of the Demon De Zayas, labelled. "ALONE IN HER Rum. Wall Street reeks with whiskey—if we believed the oratory of Prohibition's SHAilEr The subject of odium is Alabama advocate. the State of Georgia, and she is pic- WATSON'S MAGAZINE. 237

tured as being pointed at by the scorn- Georgia as a masked ruffian, with a coil ful fingers of all the other States, of rope in his hand, trying to seize Leo If this kind of thing could work a Frank, and lynch him, without a legal mercurial public into hj^steria, or hyp- trial. The witnesses to the scene are notize a governor into blue funk, what Uncle Sam, and a touring-car full of rich criminal would ever go to the the other States in the Union! A

"SHAMING" THE STATE OF GEORGIA IN THE STRAUSS Pt/CA" MAGAZINE.

scaffold ? If Big Money can hire Hes- guide, with a megaphone, is proclaim- sians enough to fight Frank's way out ing the infamy of Georgia. of the consequences of his awful crime, In all of the months during which what is it that Big Money cannot do? William J. Burns has been working In the same Strauss magazine for these agencies to create sentiment in January 30th, there is a still more in- favor of Frank, not a page of the sulting and defamatory cartoon. We essential sworn testimony has been reproduce it, for the information of given to the public. On the con- our readers. It pictures the State of trary, the wildest rumors, and the — — !

238 WATSON'S MAGAZINE. most craftily devised falsehoods, have lie did not go over the record, with been put into circulation, in the effort the Solicitor who was familiar with it, to get a favorable verdict from un- oiul irho proffered his services to Con- thinking editors and readers who are nolUj for that vciij purpose! slow to suspect that there is a system- If Connolly came for the truth, why atic campaign of wilful lies. did he not listen to both sides? AVliy Excuse me for speaking plainly, the did he not read the record? Or if he time has come for it. read it, why did he so grossly mis- Let us begin with Collier's. Tliis is represent it? the weekly paper wdiich has sold books Let us examine a few of Connolly's in so many peculiar ways, and made statement.s—statements which being ac- a nation-wdde campaign against patent cepted as true, have poisoned the medicines—and then stopped quite sud- minds of honest people throughout the denly. Union, just as they were meant to do! It is the paper which editorially ac- Connolly say.s—"Leo M. Frank is a cused the white women of the United young man of whose intellectual attain- States of squealing on tlieir negro para^ ments any community might well be mours^ and thereby causing them to be proud. Atlanta has been combed to lynched to avoid scandal! find something against his moral

The exact language of Collier's was character. . . . but without suc- cess." It is well known that many identifica- There you have a flat, positive asser- tions are mere hysteria, often for crimes tion that the city of Atlanta was dili- that w^ere never committed, and many- charges and identifications are founded on gently searched for witnesses who something worse than hysterical invention; would testify against Frank's moral they are the easiest escape from scandal. character, and that none could he Now these are not the things to say, no found. doubt. They altogether lack chivalry and What will be your amazement and the aristocratic virtues. But perhaps it is time to put justice and truth above indignation, when I tell you thai "honor," whatever that may be. numerous white girls and white women went upon the witness stand, and swore Thus spoke Collier's editorially in against Frank's moral character? October 1908. One after another, those white ac- Is Collier's the kind of publication cusers, braved the public ordeal and which you would select for the cham- testified that Frank was lewd, lascivi- pionship of Truth? ous, immoral Is Collier's the weekly that would Frank''s lawyers sat there in silence., go to great expense in the Frank case, not daring to ask those tcitnesses for for the holy sake of Justice? the details upon which they based their C. P. Connolly had been with Wil- te7'7^ible testimony. liam J. Burns in the McNamara cases, VThy did Frank's lawyers allow that and Burns took up Connolly in the fearful evidence to have its full effect Frank case, to blow some bugles upon the jury, without asking those through the Baltimore Sim., the daily white women what it icas they knew paper of the w^orthy Abells. After the on Frank? Abells got through with Connolly. Col- Suppose yon had been accused in this lier's picked him up. and translated case, and tho.se same witnesses had him to Atlanta. What did he do there ? testified against your character, would With whom did he talk? How did he yo}t have been afraid to cross-examine try to get at the facts of the Frank them ? case ? Only a man vho shrank from what WATSON'S MAGAZINE. 239

LEO FRANK. STUDY THE MOUTH, NOSE. AND AVERTED EYES —

240 AVATSON'S MAGAZINE.

those women could tell on him, would vestigated every act of his life prior to the accusation against him. There was not a have let them go, without a single scratch on it. Then I offered a reward of word ! The State could not ask them $5,000 to anyone who could prove the for specific facts. The defendant alone slightest immorality against him. No one, had the legal right to ask for those not even the Atlanta police, have attempted to claim it." and the defense was afraid to do it. Among those white witnesses were, Miss Marie Karst, Miss Nellie Pettis, In.stead of his flamboyant and empty Miss Maggie Griffin, Miss Carrie offer of $5,000, why didn't Bums Smith, Mrs. C. D. Donegan, Miss Myr- quietly take Rev. John E. White, or tie Cato. ISfrs. Estelle Winkle, Mrs. M. some other respectable witness, with E. Wallace, Mrs. H. R. Johnson, Miss him, and visit tJic white ladies who had Mary Davis. already publicly testified to Frank^s Another white girl who did not know lewd character? enough of Frank's general character Those white ladies were right there for lasciviousness, to swear against in Atlanta, while that noisy ass. Burns, braying to the universe. it, was offered by the State to prove was The that she went to work in Frank's fac- record showed him their names. // he tory, and that Frank m,ade an indecent wanted to know WHAT THEY proposal to her, on the second day! COULD TELL ON FRANK, why Frank's lawyers objected to the evi- didn'*t he go and ask them? well dence, and Judge L. S. Roan ruled it He knew very that nobody out. But if Connolly was eagerly bent would claim his reward, for he knew on finding the truth as to Frank's that there w'asn't anybodv who was fool character, he would certainly have enough to believe they could ever see heard of Miss Nellie Wood, who doubt- the color of his money. less can tell Connolly at any time the If he wants to learn the truth about exact language that Frank used in his Frank's double life, he can go to those eifort to corrupt her. ladies now! Wlien you pause to consider that WHY DOESN'T HE DO IT? He here were many white witnesses, non^ can save his imaginary $5,000, and ascertain the truth, at the same time. of whom could he impeached, who took quick a solemn oath in open court, and swore The mendacious scoundrel was enough to hunt up Miss Monteen Sto- to Frank's immoral character—standing ver, and use his utmost efforts scare ready to bear the brunt of the cross- to examination of the crack lawyer of the her into changing her evidence. He went so far as to entrap her, in Samuel Atlanta bar—what do you think of Boomstein's office, where the attempt Connolly, when he states that no such was made to hold her by force. witnesses could be found ? And what do Other girl witnesses, in the case were you think of Bums, who pulled off the to persecution threats, jackass stunt of afterwards offering "a subjected and by these infamous detectives, reward" for any such witnesses? Bums who wanted to change their evidence, as With reference to his said offer of they did change the fearful evidence of the $5,000 reward, this impostor. Frank's negro cook. Bums, said on Feb. 3, in the Kansas Why was Bums afraid to ask Mrs. City Star, which is ( distinterestedly, Johnson, or Mrs. Winkle, or Mrs. no doubt) giving so much space to the Donegan what it was, that caused them campaign of slander against the people to swear that Leo Frank is a libertine ? and courts of Georgia: Miserable faker! He didn't want the

"Let me tell you this—no man has a tmth. more remarkable past than Frank. I in- Do William J. Burns and Luther ! — !

WATSON'S MAGAZINE. 241

Rosser mean to say that all these re- showed the stopped circulation—mani- spectable white girls and ladies who fest not only in her purple-black face, swore to Frank's immoral character, but under the blue finger nails. perjured tlxeTiiselves? If so, what mo- There was no evidence whatever of

tive did they have ? And if Rosser was cinders, ashes, or saw-dust in her satisfied those ladies wei-e swearing mouth, in her throat, or in her lungs. falsely, iDliy didivt he cross-examine Tliere was not a scintilla of evidence them? Why was he afraid to ask them that she had met her death in the base- a single question? ment! Your common sense tells you why. (See evidence of Dobbs, Starnes and Rosser feared what woidd COME Barrett.) OUT! The sworn testimony in the record Another statement made by Connolly is, that, although the girl's face was

is, that the face of the dead girl "was dirty from having been dragged by the pitted and seamed with indentations heels through the coal-dust and grime, and scratches from the cinders, a bank natural to the basement where the fur- of which stretched along the cellar for nace w^as, the negro who first saw her a hundred feet or more. There had that night, by the glimmer of a smoky evidently been a struggle.'' lantern, telephoned to the police that Again, Connolly says it was a white girl. The officers, x\nder- son and Starnes, so testfied There were cinders and sawdust in tlie Sergeant Dobbs swore that the body girl's moutli, drawn in, in the act nose and seemed to have been dragged by the of breathing, and under her finger nails. heels, over the dirt and coal-dust, and Her face had been rubbed before death into these cinders, evidently in the attempt that the trail led back from the corpse to smother her cries. to the elevator. His exact words are, "It began immediately in front of the Here the purpose of Connolly was, elevator, at the bottom of the (eleva- to make it appear that Mary Phagan tor) shaft." had been killed in the basement, after The word. "It," refers to the trail of a strugg'le, during which her mouth the dragged body; and the witness had been held down in the cinders^ to swore that- he thought the condition of stiflle her screams the girl's face ''"had been made from the In that event, of course, her tongue, dragging.''"' her mouth, her throat, and perhaps her There was the unmistakable sign of 'lungs would have shown saw-dust, and the dragged body, as legible as the

cinders. track of a foot on the soft ground ; and There is absolutely no evidence in the weight of the head and the friction, the record, to svpport any such theory. in dragging and bumping, would There was absolutely no evidence of naturally cause soilure and abrasions. any long "bank of cinders," in the base- (The distance was 136 feet.) ment. There was, in fact, no such bank W. E. Thomson whose booklet of 32 of cinders/ pages has been generously scattered (See evidence of Defendant's witness, "from the Potomac to the Rio Grande" I. U. Kauffman, pages 148, 149, 150. —in the evident effort to reach all of Also, evidence of Dobbs, Starnes, Bar- his blood-relations who. as he tells us, rett, &c.) are dissolutely distributed over the en- The evidence of all the witnesses is. tire region between these two water- that the girl's tongue prolruded from courses—W. E. Thomson says, on page her mouth, and that the heavy twine 18 of his rambling, incoherent pamph- cord had cut into the tender flesh of let.—

her neck, and that the blood-settlings "There is not a shadow of doubt that 242 WATSON'S MAGAZINE. she was murdered in this basement, on for months, working the Frank case. this dirty floor. The back door had Working it how? Hunting for what? been forced open by drawinj^ the lie didnH have to go North to find staple. This door opened out on an evidence against Jim, Conley. Every alley back of the building. There is bit of evidence against Jim was right every reason for believing that the there, in Atlanta. murderer went out that door." Burns has never produced a single Thomson argues that Jim Conley did witness from the North. Not a scrap of the work. testimony resulted from all his months

But why did Jim Conley have to draw of labor in the Noi-th ! What was he the staple, and leave the building by doing there? that door? Conley had the run of the From day to day, and week to week, building, was in it that fatal Saturday, he put out interviews in which he de- was there when the white ladies and clared he was making "the most grati- girls left, and was gone, in the usual fying progress." way, when Xewt Lee came on duty for " "Progress," at what? "Gratifying," the evening, as night watch. how ? The basement door was not then My own idea was, that Burns spent open. But the ci^me had already heen his time chasing around after opulent committed^ and the dead body lay there Hebrews; and that his gratifying pro- in the gloom, ^^liose interest would it gress consisted of relieving the prosper- serve to afterwards draw the staple, ous Children of Israel of their super- and give the door an appearance of fluity of ducats. It takes money to having been forced? stimulate the activities of such a pecu- liar concern as the Burns Detective When William J. Burns came to At- Agency. lanta, last Spring, and began his cam. In one of his many interviews, pub- paign of thunder and earthquake, he lished in the papers of Cain and Abel, deafoningly shouted to the public at this great detective, Burns, said, "The every step he took. His very first private detective is one oi the most whoop was, that a careful examination dangerous criminals that we have to of the facts in the case showed that th<^ contend with." crime had been committed by "a degen- I considered that the superbest piece erate of the lowest type." Burns of cool effrontery that a Gentile ever roared the statement, that the guilty uttered, and a Jew" ever printed. You man had never been suspected, and was couldn't In^at it. if you sat up of nights, still "at large." and drank inspiration from the nectar Burns yelled that this unsuspected Jupiter sips. criminal of the lowest type was hiding Week after week, Burns pursued out, someAv here nearer to the North pole the pleasures of the chase, up North, than Atlanta ; and, with an ear-split- presumably bringing down many a fat ting noise. Burns set out to find that Hebrew. He not only got a magnifi- man. Burns said he was "utterly con- cent "bag" of rich Jews, but, with the fident" he would find this man—who unholy appetite of an Egyptian turning was expected to wait calmly, until the tables on the Chosen People, he Burns could nab him. spoiled them to such an extent that it As everybody who read the papers was a "battue." last summer knows, that icas precisely Having bled these opulent Hebrews the theory upon which Bums started to of the North until they were pale about work. He went on a wild-goose chase, the gills, and mangled in their bank- into the Northern States, and was gone books, William J. came roaring back —

WATSON'S MAGAZINE. 243

SouthAvard, oozing newspaper inter- According to Collier's, the speech was "venomously views at every stop of the cars. Burns partisan," and the wish is editorially expressed that all lawyers in the said he had his "Keporf about ready. United States could read it and let that That Report was going to create a seis- paper know what they think of it. So mitic upheaval. That Report would presumably it was stenographically re- astound all right-thinking bipeds, and ported, and it may safely be assumed that Collier's quotes correctly. It says the demonstrate what a set of imbeciles Reuf case, the Rosenthal murder and other were the Atlanta police, the Atlanta crimes in which Jews played a part were detectives, the Pinkerton detectives, the dragged into the argument. Solicitor-Cieneral, the Jury, the Su- preme Court, and those prejudiced Elevating himself to the pinnacle of mortals who had believed Leo Frank moral rectitude, the editor of the to be the murderer of Mary Phagan. Chronicle says Naturally, the public held its breath, as it waited for the publication of this In England, where trials are conducted much-advertised Report. At last, it more nearly along proper lines than they are anywhere else in the world, a crown's came, and what was it? To the utter counsel who would make a denunciatory of everybody, it consisted amazement or emotional appeal to a jury would be of an argument by Burns on the facts adjudged in contempt. that were already of record. He did With such a speech, and a crowd which had already prejudged the case filling the not offer a shred of new evidence. court house, a fair trial in the meaning of His only attempt at new testimony the constitution and the law was impossi- was the bought affidavit of the Rev. C. ble. B. Ragsdale, who swore that he over- tell another that heard Conley negro In England it would have been he had killed a girl at the National different, says the Chronicle. Factory. Pencil Yes, it would. In England, Leo So, after all his work in the North, Frank would long since gone the way and after all his brag about what hft of Dr. Crippin, and suffered for his would show in his Report, Burns' bluff terrible crime. came to the pitiful show down of a But was Dorsey's speech such a veno- bribed witness who was paid to put the mous tirade? Was he in contempt of crime on the negro. court in his allusions to Reuf and Hum- As Burns said, "the private detective mel and Rosenthal? Did Dorsey bring is the most dangerous criminal we have the race issue into the case? to contend with." "We" have so found. Solicitor General Hugh M. Dorsey's Commenting upon the Connolly speech v)a.s stenographically reported. articles, the Houston, Texas, Chronicle It makes a booklet of 146 pages. On editorially: says, pages 2, 3, and 4, Mr. Dorsey deals with the race issue and deplores the fact that Collier's Weekly has espoused Frank's the ^''defense first mentioned ra(?e." cause in its usual intense way, and has put the work of analyzing the facts into Mr. Dorsey says, "Not a word the hands of a man who does not mince emanated from this side, not a word words; and, while one may not be willing indicating any feeling against agree with all of its contentions, there to any human being, black or white, Jew is one point on which it hits the bullseye^ or Gentile. that of the speech of the solicitor general, or prosecuting attorney. "But, ah ! the first time it was ever brought into this case,—and it was In what manner had Collier's hit the brought in for a purpose, and I have bull's eye ? never seen two men manifest more de- —

244 WATSON'S MAGAZINE.

light or exultation than Messrs. Rosser I know Rabbi Marx but to honor him, and I know Doctor Sonn, of the and Arnold, when they put the question Hebrew Orphan's Home, and I have listened to to George Kendley at the eleventh him with pleasure and pride. hour. "But, on the other hand, when Becket '•A thing which they had expected us wished to put to death his bitter enemy, to do, and which the State did not do, it was men of Frank's race he selected. Abe Hummel, the lawyer, who went to the because we didn't feel it and it wasn't penitentiary in New York, and Abe Reuf, in this case. who went to the penitentiary in San Fran- "I will never forget how they seized cisco, Schwartz, the man accused of stab- it, seized with avidity the suggestion, bing a girl in New York, who committed and 3^ou know how they have harped suicide, and others that I could mention, show that this great people are amenda- on it ever since. ble to the same laws as you and I and the "Now, mark you, they are the ones black race. They rise to heights sublime, that mentioned it, not us: the word but they sink to the depths of degrada- never escaped our mouth." tion." There sat Frank's lawyers, two of the most aggressive fighters, men who After Eosser and Arnold had rose to their feet, again and again^ dragged the Jewish name into the case, during the course of Dorsey's speech, could Dorsey have handled it more to deny his statements, and interject creditably to himself, and to those Jews their own, but they did not utter a word who believe, with Moses, Abraham, of denial when he charged them to their Isaac, and Jacob, that crime must he teeth, in open court, with bringing into punished? the case the evidence that Frank is a Read again what Dorsey actually said Jew. Nor did they challenge his state- as stenographically reported, and re- ment that they had "laid for" him to member that Connolly pretended to do it, and had done it themselves when have read it before he wrote his arti- they saw that he did not mean to gfve cles, and then sift your mind and see them that string to harp on. how much respect you have for a writer Having made his explanation of how who tries to deceive the public in that the fact of Frank being a Jew got into unscrupulous manner. the case, Dorsey paid this glowing C. P. Connolly makes two statements tribute to the great race from which about the law of Georgia. this degenerate and pervert sprung: On Dec. 14, 1015, he stated in Col- lier's that, "By a constitutional amend- "I say to you here and now, that the ment, adopted in 1006. the Supreme race from which that man comes is as Court of Georgia cannot reverse a case good as our race. His ancestors were on other than errors of law." civilized when ours were cutting eacli other up and eating human flesh; his race This remarkable statement he varies is just as good as ours,—just so good, but somewhat, in his article published Dec. no better. I honor the race that has pro- 10, 1915. duced D'Israeli, —the greatest Prime Min- ister that England I has ever produced. Under a constitutional amendment honor the race that produced Judah P. adopted in 1906, the Supreme Court of Benjamin, as great a lawyer as ever lived — Georgia is not allowed to reverse any capi- in America or England, because he lived tal case where no error of law has been in both places and won renown in both committed in the trial, no matter how places. I honor the Strauss brothers weak the evidence may be, and cannot in- Oscar, the diplomat, and the man who vestigate or pass upon the question of went down with his wife side by his on guilt or innocence. the Titanic. I roomed with one of his race at college; one of his race is my partner. it I served with old man Joe Hirsch on the Since the days of Magna Charta, Board of Trustees of the Grady Hospital. may be doubted whether any State, set ;

WATSON'S MAGAZINE. 245

up under English principles, could le- personalities, passions, and the dust of gally deprive reviewing courts of the forensic battle—whether the evidence right to annul a verdict which has no set out in the record is suflScient to sup- evidence to support it. In such a case, port the verdict. the question of evidence would become If Connolly's idea of the change a question of law. Without due pro- nuide in 190G were correct, it would lead cess of law, no citizen can be robbed to the preposterous proposition, that

of life, liberty, or property ; and, while the Supreme Court might have before it is the province of the jury to say it a case of a man condemned to death what has been proved, on issues of for rape, when the evidence showed disputed facts, it is for the court to de- that there had been no penetration. The cide whether the record discloses jims- Court would have to let the man die, dictional facts. because the judge below had committed

It necessarily follows that, if a no error of law ! Would it not be the record showed that no crime had been greatest of errors of law, to allow a committed, or, if committed, the evi- citizen to be hanged, when there is dence failed to connect defendant with no proof of a crime? Would it be it, the verdict would have to be sev "due process of law," to kill a man, aside, as a matter of law. under legal forms, without evidence of The constitutional amendment of his guilt? 190G, to which Connolly refers, had for Those men who alleged that Con- its main purpose the creation of a nolly is a lawyer, also allege that Burns Court of Appeals., as an auxiliary and is a detective. Both statements cut a a relief to the Supreme Court. In do- large, and weird figure, in the realm of ing this, the legislature had to divide cheap, ephemeral fiction. If being a appealed cases between the two courts. lawj^er were a capital offense, and Con- The new law provided that the Su- nolly, were arraigned for the crime, preme Court should review and decide the jury would not only acquit him those civil cases which went up from without leaving the box, but would find the Superior Courts, and from the a unanimous verdict of "malicious courts of ordinary, (our chancery prosecution." courts) and "all cases of conviction of If being a detective were virulent, a capital felony.'''' confluent small-pox, the wildest advo- To the Court of Appeals, was as- cate of compulsory vaccination would signed those cases going up from city never pester Burns. It is as much as courts, and all convictions in criminal Burns can do, to find an umbrella in a cases less than a capital felony. hall hat-rack. The Supreme Court of Georgia in every open case of motion-for-new-trial, A prodigious noise has been made is noio constantly passing upon the over the alleged statement of Judge L. sufficiency of the evidence to support S. Roan, who presided at Frank's trial, the verdict ; and the Court passed upon that he did not know whether Frank that very question., in Franlf?s first mo- was guilt}^ or innocent. All of that tion for new trial. talk is mere bosh. What Judge Roan I cannot imagine anything that said was exactly lohat the law con- would cause a more universal wave of templates that he shall say! The law protest, than an effort to emascu- of Georgia, constitutes the trial judge late our Supreme Court, by robbing it an impartial ai^hiter, whose duty it is of the time-honored authority to re- to pass on to the jury, in a legal man- view all the evidence in contested cases ner, the evidence upon which the jury and to decide, in the calm atmosphere are to act as judges. of the consulting room.—-remote from They are not only the judges of the — : — —

246 WATSON'S MAGAZINE.

evidence, but the sole judges of it. The There isn't a lawyer in Georgia who slightest expression of an opinion from hasn't heard that kind of thing, times the bench, as to what has or has not without number. been proven, works a forfeiture of the If Judge L. S. Roan did, indeed, entire proceeding. keep his mind so far above the jury- In no other way, can a defendant be function in this case, that he did not tried constitutionally, hy his peers, than form an opinion, either way,Ae main- by clothing the twelve jurors whom he, tained that ideal neutrality and im- in part, selects as his peers, with full partiality irhich the Law expects of power to adjudge the facts. the perfect judge. (I am confident that it is the inten- tion of the law to also make these peers The St. Louis Post-Dispatch is of the accused the full judges of the another paper that has taken jurisdic- lau\ to exactly the same extent that tion of the Frank case. It employs they are absolute judges of the facts; another famous detective for the de- but that is a question not germane to fense, a New York person, named the Frank case.) George Dougherty. Every detective Now. if Connolly and Collier's had who favors Frank is a famous detec- taken the pains to examine our law, tive, a scholar, a gentleman, a deep they would have realized that the legal thinker and a model citizen—just as intendment of Judge Roan's declara- Frank is. tion was no more than this Those detectives and police officers "It is not for me to say whether this who testify the other way, are bad man is innocent or guilty. That is for men, the scum of the earth, crooks, rap- the jury. They have said that he is scnllians. liars, and pole-cats. guilty, and I find that the evidence sus- The famous detective, George tains the verdict. Therefore, I refuse Dougherty, appears to have studied the to grant the motion for new trial." case hurriedly. He says In ninety-nine cases out of a hun- dred, our judges utter some such words And the office in which Frank was as those, in charging the jury, and in charged with having committed immoral attacks was in direct line of possible ob- passing upon motions for new trial. servation from several people already in I will say further, that a lack of defi- the building, whose approach Conley would nite opinion as to the guilt or innocence have known nothing of. of the defendant at the bar, is an ideal state of mind for the presiding judge. George D. is mistaken. Frank and We are all so human, that if the the other man took the women to a judge feels certain of the guilt, or in- place where they were not "in direct nocence of the accused, he will "leg" line of possible observation," &c. for one side or the other. The famous detective again says So well is this understood, that the trial judge almost invariably takes Another point: Conley's statement is pains to say to the jury that Frank knew in advance that Mary Phagan was to visit the factory that day "Gentlemen, the court does not mean for the purpose of getting her pay. There say. has. to or to intimate what or has is no reasonable cause for believing this to not. been proven. That is peculiarly have been true; no other employe went your province. It is for you to say, there tliat day to be paid. If Frank did not know that Mary Phagan was to be under the law as I have given it to there, Conley's entire story falls. And, as you. whether the evidence establishes a matter of fact, there seems to be more the defendant's guilt beyond a reasona- reason to believe that he did not, than ble doubt, &c." there is to believe that he did. :

WATSON'S MAGAZINE. 247

executed McCue, Beattie and Cluve- Kow. Avhat will you think of this fa- rius, on less evidence tluin there is mous detective, when I tell you that againH Frank. page 26 of the official court record of Stover The New York World, owned by the thi's case shows, that Monteen Pulitzers, said in its report of the case swore she went there to get the wages Frank due her, and was at the office of May 2 4 —On evidence of Conley, Frank half-hour during which he at the fatal was indicted for murder. account of himself ? cannot give an July 2 8 —Trial of Frank began. even George Dougherty does not Aug. 24 —Conley testified Frank en- her un- know that Frank, in his statement trapped the girl in his office, beat then strangled her. jury, stated that Miss Mat- conscious, to the Frank guilty of envelope, Aug 25 —Jury found tie Smith came for her pay murder, first degree. for that Saturday morning, and also due her sister-in-law; and the w^ages of Conley," Frank was boys "On evidence that he gave to the fathers of two indicted and convicted, according to envelopes for their sons. the pay Of course, the general employees—two the Pulitzers. This makes five other Frank could who public does not know that in person, and three by proxy— not have been convicted upon the evi- were there for the wages due them, on dence of Conley, a confessed accom- day when Mary Phagan the identical general public—which in- disappeared— plice. The went for her pay, and can- cludes such lawyers as Connolly— Dougherty asserts, the very day when know that the law day not be supposed to "no other employee went there that be does not allow any defendant to be paid !" to ^ convicted upon the evidence of his ac- (See Frank's statement, page 1^9.) complice. that the public has Is it any marvel Post-Dispatch of In the St. Louis been bamboozled, and the State (which I believe is also a Pulitzer pa- Georgia made the object of condemna- there are two recent letters by detectives write such per) tion, when famous D. Ph. D., in pub- Wm. Preston Hill, M. absurdities, and respectable papers which the State of Georgia is violently lish them? Georgia has no press arraigned. The State of M. D. Ph. D., regiment Wm. Preston Hill, agent, no publicity bureau, no who starts out by stating that "anybody famous detectives, no brigade of of read the proceedings in State can has carefully journalistic Hessians. The be murder trial of Leo Frank must attitude of dignified the only maintain an trial was . • the whole convinced . while this mercenary, made- endurance, of prejudice and misrepre- a disgraceful display to-order hurricane of fable, whole unfairness. . . . This abuse passes over her fanatical sentation and the State proceeding is a disgrace to

head. . the Georgia, and will bring on her an intelligent, tair- of All she asks of whole civilized by the just contempt of the minded public is, to judge her world. . record, as agreed on by the at- official Everywhere thoughtful men will for both sides. All that she ex- tornevs be filled with semi- reasonable judge Georgia to pects' from outsiders is, the barbarous fanatical people of low men- presumption that she is not worse than and strong, ill-controlled pas- not worse than Missouri tality, other States, avoided by anybody Louis, sions, a race to be which tried the Boodlers of St. for liberty, order or justice.'' California which tried who cares not worse than thoughtful man not Then to show what a grafters and the dynamiters; the Hill. M. D. Ph. D., and and is Wm. Preston worse than Virginia, which tried ! !

248 WATSON'S MAGAZINE. how carefully he has read the record Of course, any one, Avho will stop in the case, he proceeds to state that and think a moment, will realize what '' Frank was convicted on the unsup- an arrant falsehood that is. ported evidence of a dissolute negro of Had any such thing occurred, the had character^'' who was contradicted able, watchful, indefatigable lawyers in 22 different instances Avho ha\'e Ijeen fighting nearly tAvo Then Wm. Preston Hill, M. D. Ph. years to save Frank's life, would have D., gives himself away by advising peo- immediatelv moved a mistrial, and got ple to studj^ the case—how? it. By an examination of the record that No such incident ever has occurred, went up to the Supreme Court? in a Georgia court-room.

Oh no ! Study it by the paid columns And no white man in Georgia was of C. P. Connolly, who got his ideas of ever convicted on the evidence of a the case from the rascally and menda- negro cious poseur, William J. BuiTis. As a specimen of the misrepresenta- In the Chicago Sunday Tribune of tions which are misleading so many December 27, 1914, appears a full page good people, take this extract from the article beginning, "AVill the State of article in the Chicago Tribune: Georgia send an innocent man to the gallows?" It has been declared by Burns, among others, that the The writer of the article is Burton circumstantial evidence warranting the retention of Conley as the Rascoe. The entire article proceeds suspected slayer was dropped and Conley upon the idea that poor little Mary was led to shoulder the blame upon Frank Phagan Avas a lewd girl; that she had in somewhat the following manner: been immorally intimate with two em- "What do you know about this mur- der?" ployees of the factory; that Jim Con- "Nothing." ley, drunk and hard-up, Avanted her "Who do you think did it?" pay envelope ; that he seized her, to rob "I don't know." her, and that he heard some one calling "How about Frank?" him, and he killed her. "Yes. I confess. He's the pne who did it." Mr. Rascoe says that, ordinarily, "Sure he was. That's the fellow we juries are instructed that they are to want." assume the defendant is innocent, until And forthwith Frank was locked up as he is proven guilty, but that in Frank's a suspect. case, it was just the opposite. Mr. Rascoe says that, during the In fact, the statements of Mr. Ras- trial, men stood up in the audience and coe. like those of C. P. Connolly, are shouted to the jury : "'You'd better hang re-hashes from Wm. J. Burns. the Jew. If you don't, we'll hang him, Does not the Chicago Tribune know and get you too." that Burns was expelled from the The Chicago Tribune claims to be National Association of Police Chiefs? "the world's greatest newspaper.'' Avith Does not the Tribune know that a circulation of 500,000 for the Sunday Burns' confidential man in this Frank edition. case, I^hon, Avas ex[)elled from the

It is therefore reasonable to suppose Chicago police force, for blackmailing that at least two million people Avill a Avoman of tlie town? get their ideas of the case from this Does not the Tribune know that the special article, in Avhich the public is detectives bribed Ragsdale and Barber, told that Judge Roan allowed the audi- the preacher and the deacon, to swear ence to intimidate the jury by shouting thi^ crime onto the negro. Jim Conley? their threats, to the jury, Avhile the Does not the Tribune know that the trial Avas in progress. official records in the U. S. Department — : .

WATSON'S MAGAZINE. 249 of Justice disclose the fact that Attor- the second floor. The girl was brutally handled freely, ney-General Wickersham, and Presi- and bled not only from the wound in her head, but from other parts Taft set aside convictions in dent some of her body. the Oregon land cases, upon the over- whelming evidence that Burns is a "Four corpuscles of blood—a mere crook, and corruptly obtained those iota—on the second floor." convictions^ That is Avhat Connolly says. But already stated in this Magazine, As what says the official record? Conley's evidence is not at all neces- On page 2G, Mr. R. P. Barrett, the sary to the conviction of Frank. Elim- machinist for Franlz's factory^ testifies, inate the negro entirely, and you that on Monday morning, early ^ he dis- have a dead case against this lewd covered the blood spots, which were not young man, who had been pursuing the there the Friday before ! He says— girl for nearly two months, and who, "The spot was about 4 or 5 inches in after setting a trap for her, on Memo- diameter, and little spots behind these rial Day, 1913, had to use such violence in the rear—6 or 8 in number. It loas to overcome her struggle for her vir- hloocV tue, that he killed her; and then had Here we have one of Frank's re- the diabolical cruelty to attack her sponsible employees swearing posi- character, after she was dead. tively to a five-inch splotch of blood, Mr. L. Z. Rosser telegraphed to a wdth 6 or 8 smaller spots leading up to Northern newspaper a long statement the main spot, as large as the lid of the in which he says average dinner-pail; and Connolly tells

the public that '•''four corpuscles^ a mere Leo M. Frank is an educated, intelli- gent, normal man of a retiring, home mak- iota," w'ere all that were found! ing, home loving nature. He has lived a When a man makes public statements clean, honest, busy, unostentatious life, of that kind, after having gone to At- known by few outside of his own people. lanta ostensibly to study the record, is In the absence of the testimony of the negro, Jim Conley, a verdict of acquittal he honestly trying to inform the public, would have been inevitable. or is he dishonestly trving to deceive it? If ^Ir. Rosser believed that Leo Mell Stanford swore, "These blood Frank was the pure young man and spots, were right in front of the ladies' model husband, wiiy did he sit silent dressing room," where -Conley said he while so many white girls and ladies dropped the body of the girl, after swore to Frailk's lascivious character? Frank called on him for help. Do you suppose that any power on Mrs. George Jefferson, also a worker earth could haA^e produced twenty in Frank's place, swore that they found

Avhite women of Atlanta who would the blood splotch, "«5 hig as a fan.'''' have sworn that Dr. John E. "Wliite's Mrs. Jefferson had been working character is lascivious ? Or that Judge there five years. She knew paint spots Beverly Evans' character is lascivious? when she saw them, and told of the Or that Governor Slaton's character is maroon red, and red lime, and bright lascivious ? red. but she added, in answer to The ex-la W3"er from Montana—C. P. Frank's attorney, ^''That spot I saw ivas Connolly—says in Colliers not one of those three paints.'''' She swore that the spot was not thert The State contended that Frank mur- Friday, April 25th. They found it dered IMarj"^ Phagan on the second floor of ]\Ionday at about 6 or 7 the pencil factory. There v.-as found four morning corpuscles of "blood"—a mere iota—on o'clock. "We saw blood on the second —

250 WATSON'S MAGAZINE.

floor, in front of the pfirl's di-essingr which you and I daily drink, are whales, room. It vms about as hicf as a fan.'' l)uH"aloos. and Montana lawyers, com- The foreman of the metal room, l)ared to a corpuscle. The germs, Lemmie Quinn, also testified to seeing microbes, and malignant bacteria, that the blood spots, Monday morning. swim around invisibly in so many Quinn icas Franlv^s own witness. hainiloss-looking liquids, are behe- J. X. Starnes, police officer, testified moths, dragons and Burns detectives, (page 10 of the official record) that he compared to a corpuscle. saw the "splotches of blood." "I should The smallest conceivable thing—in- judge the area of these spots to Idc a visible to the naked eye—is what Con- foot and a half.'' nolly says they found, on that second Capt. Starnes saw the splotches of floor: and they not only found one of blood on Monday morning, April 28th. these infinitely invisible things, hut

opposite the girls' dressing room : and four! they looked as if some white substance I want to deal nicely with Connolly, had been swept over them, in the effort and therefore I will say that, as a law- to hide them: yer and a journalist, I consider him a Herbert Schiff, Leo Frank's assistant fairly good specimen of a corpuscle. superintendent, also swore to the blood AVhat he is, as a teller and seller of spots. He saw them Monday morning. "The Truth about the Frank case," I These witnesses were unimpeachable. fear to say freely, lest the best Govern- Five of them worked under Frank, ment the world ever saw arrest me and were his trusted and experienced again.) for publishing disagreeable employees. They were corroborated by veracities. the doctors who examined the chips cut Pardon me for taking your time with out of the floor. Those blood-stained one more exposure of the impudent chips are exhibits "E.," in the official falsehoods that are being published record! about the evidence on which Frank Yet. C. P. Connolly, sent down to was convicted. In his elaborate article Georgia to make an examination into in the Kansas City Star., A. B. Mac- actual facts, ignores the uncontradicted donald says evidence, and tells the great American public, that on the second floor, where The ashes and cinders were breathed before she died in the cellar, while she the State contends the crime was com- was fighting off Conley. In his drunken "four cor- mitted, there were found desperation lest she be heard and he be pi/srJes of blood," only "a mere iota." discovered he ripped a piece from her Upon consulting an approved En- underskirt and tried to gag her with it. It not strong enough. Then he grabbed cyclopedia and Dictionary, which was was the cord. constructed for the use of just such The testimony proved that cords like I find semi-barbarians as we Georgians, that were in the cellar. He tied it tightly that the word "corpuscle" is synony- around her neck. It was proved at the mous with the word "atom." Further trial that a piece of the strip of under- skirt was beneath the cord, and beneath research in the same Encyclopedia, the strip of skirt were cinders. That knowledge, that an leads me to the proves beyond doubt that both were put atom is such a very small thing that it on in the cellar. cannot be made any smaller. It is, Having . strangled her to death and silence had leisure to you may say, the Ultima Thule of eternal the negro carry her back and hide her body at smallness. The point of a cambric (fig. 12) where it was dark as midnight. action, com- needle is a large sphere of Then he sat down to write the notes. pared to a corpuscle. The live animals Against the wall opposite the boiler was that live in the water, and sweet milk. a small, rude table with paper and pencil.. WATSON'S MAGAZINE. 251

Scattered around in the trash that came In the next line, Macdonald tells you •down from the floors above to be burned that the strip of clothing was so strong were sheets and pads of paper exactly like those upon which the notes were that it remained underneath the cord, written. The pad from which one of the and that, beneath this strip, were cin- notes was torn was found by the body by ders. "That proves beyond a doubt Police Sergeant L. S. Dobbs, who so testi- that they were both put on in the cel- fied. lar." Here we have a graphic, gruesome It is sufficient to say that the evi- picture of a fight between the girl and dence of Newt Lee, of Sergeant L. S.

tfgffl^mmfmmmmiitf^

LEO FRANKS VICTIM, MARY PHAGAN

ihe negro, down in the cellar. He over- Dobbs. officer J. N. Starnes, and both comes her, and in her death struggles, the examining physicians, (Doctors she breathes her nose, mouth and lungi Hurt and Harris) totally negatives full of ashes and cinders. The negro the statement of Macdonald about the tears off a strip from her clothing, and cinders under the girl's nails, the binds it round her neck. "It was not cinders packed into her face, and the strong enough. Then he grabbed the cinders breathed into her nose, mouth

. cord." and lungs. There was nothing of the — !

252 WATSON'S MAGAZINE. kind. Macdonald made all that up, sane recess of your own mind, a South- himself, aided by Connolly's imagina- ern negro, raping and killing a white tion and Burns' imbecility. girl, and then dragging her body back (See official record, pages 3, 4, 5, 6, to a place "where it was dark as mid- 7, 8, 9, 10, 11, and evidence of the doc- night ;" and then, after all his terrific tors as per Index.) struggle with his victim, huntings But let me ask you to fix your atten- around in the trash to find a pencil and tion on the specific statement of Mac- some pads—two diff'erent colors—and donald, that the cord pressed down seating himself, leisurely, at "a small upon the strip of clothing, one being rude table near the boiler," to scribble under the other, and that the cinders a few lines of information to mankind •were lender this inner choke-strip. as to how he came to commit the

Now, turn to page 48 of the official crime ? record, and see what Dr. Harris testi- Can you picture to yourself a com- fied, lie swore that she came to her mon Georgia nigger, killing a white death from "this cord" which had been woman in that way, and then seating tied tight around her neck. He did himself near her corpse, deep down in not say a word about any strip of a dark cellar, to indulge in literary clothing around her neck, under the composition? cord, nor a word about any cinders, Jim Conley, you see, had not only ashes or dust, under the cord not one murdered the girl down there below word ! the surface, but was writing notes close Turn to page 46, and read the testi- to where the dead body lay, with the mony of Dr. J. W. Hurt. He said, intention of carrying the notes out "There was a cord round her neck, and there to where "it was as dark as mid- this cord was imbedded into the skin." night," to lay them by the dead girl's Not a word about any strip of cloth head. under the cord ! Not a word about Then, he meant to get so scared that cinders, ashes, or dust under the cord, he would violently break out of the or on her neck. basement door, into the alloy, rather Sergeant Dobbs after saying that than walk out, as usual, up stairs. "the cord was around her neck, sunk Macdonald doesn't know much about into her flesh^'' added that "she also Southern niggers, but he understands had a piece of her underclothing us white folks. Just tell us any old around her neck.'' "The cord was ludicrous yarn, and keep on telling it pulled tight and had cut into the flesh in the papers: and, if nobody denies it, and tied just as tight as could be. we will all believe it. The vnderclothing around her neck There was not a scratch on the nose was not tightP'' of the dead girl, and yet all these reck- Sergeant Dobbs. swearing that the less writers tell the public she was held cord had cut into the flesh, shows that* face downward by her murderer, and there was no cushion of cloth to keep that her face was ground into the it from doing that very thing. Not a cinders, to smother her screams. How word did he say about cinders under could the nose escape bruises in such her nails, under the cord, under the a frightful process, and how could she strip of underclothing, or in her nose, fail to have cinders and coal-dust in mouth and lungs. her mouth and nose ? There were none! In other words, the official record In the Philadelphia Public Ledger.^ shoAvs Macdonald's version of the evi- there is a copyrighted article by "Waldo dence to be a reckless fabrication G. Morse, whose legend runs. "Coun- Can you picture to yourself, in the cillor, American Academy of Juris- — — !

WATSON'S MAGAZINE. 253 prudence." Councillor Morse begins ardice, or culpable negligence, in their on the Frank case, by asking a ques- defense of Leo Frank tion, and quoting himself in reply Wliat? Is nobody to be spared? Shall no guilty Georgian escape? Must May a mob and a Court scare away your the propagandists of this Frank litera- lawyers, a sheriff lock you away from the ture slaughter his own lawyers? Is it jury which convicts you, and may the a sheriff then hold and hang you? Yes, say misdemeanor, 'per se^ to be a Geor- the Georgia Courts and so also says the gian? United States District Judge in Georgia. "For the honor of the bar." Waldo Says the Supreme Court of the United Morse wishes that Rosser and Arnold, States: "We will hear arguments as to and Haas, and the governor's law firm, that, and in the meantime we will defer the hanging." "had stood their ground." Then, they did not stand their ground, and they The fancy picture of a Georgia mob, dishonored the bar. putting Eube Arnold, Luther Rosser, That's terrible. Surely it is a cruel the Haas brothers, and the governor's thing to stand Luther Rosser up before own law firm to ignominious flight, the universe, in this tremendous man- and of the sheriff ruthlessly locking ner, and arraign him for professional Frank away from the jury—and all cowardice. "N^Tiat say you, Luther? this being done with the hearty ap- Are you guilty, or not guilty ? proval of Judges Roan and Hill, the But Waldo Morse relentlessly con- State Supreme Court, and Federal- tinues judge William Newman—is certainly a novel picture to adorn the classic Might not the result have been differ-, ent? Jurors have been known to change walls of the American Academy of their verdict when facing the accused. We Jurisprudence. hope that the Court may declare that no Councillor Morse proceeds as fol- man and no State can leave the issue of lows— life as a bagatelle to be played for, ar- ranged about and jeopardized by Court counsel in This is no mere question of a single and the absence of the man who- suffer. life, but one for every man. Shall you be may put on trial for your life or your liberty and shall timid or careless lawyers lose or So, you see, Frank's lawyers are ac- dishonest lawyers barter away your rights? cused, in a copyrighted indictment, of We wish for the honor of the bar and the dignity of the Court that the lawyers playing with their client's life, "as a had stood their ground and had braved bagatelle;" and of jeopardizing that the mob and that their client had joined life, with a levity which showed an in the defiance, inquiring from every juror, utter lack of a due sense of professional face to face, whether the verdict of guilty responsibility. was the verdict of that individual juror. Such is due process of law. That's might}' rough on Rosser, and Arnold, and Haas, and Governor Sla- Was Rosser "timid." in Frank's case? ton's law firm. I would like to see Rosser, when one of AMiat will be your opinion of Coun- his timid spells gets hold of him. cillor ]Morse, when I tell you that Were Rosser and Arnold and the Frank's lawyers did demand a poll of Haas brothers not only timid, but the jury, and each member was asked "careless?"' Councillor Morse, spokes- whether the verdict was his verdict^ man for the American Academy of and each juror answered that it was. Jurisprudence (whatever that is) ac- And each juror, months afterwards^ cuses these Georgia lawvers of cow- made Avritten affidavit to the same effect. —

254 WATSON'S MAGAZINE. utterly repudiating the charges of mob capital offenses being petty larcenies, intimidation. and others, trivial trespasses. In all Councillor Morse proceeds those terrible cases, the accused was denied a lawyer, at common law; and Shall a man charged with an infamous these fearful conditions were not ma- crime be faced by a jury of 12 men, each terially clinngcd. until Sir Samuel ready to announce their verdict of his one Roniilly began, liis noble work of law guilt? May he ask each man of the 12 reform, in 1808. At that time, it was whether the verdict be his? Yes, has answered the common law for centuries. death to pick a pocket, death to cut The accused may not even waive or a tree in a park, death to filch from a abandon this right. bleachfield, death to steal a letter, death to kill a rabbit, death to pilfer five That's absurd. The accused may shilling's worth of stutf out of a store, •waive or abandon "this right," and death to forge a writing, death to steal nearly every other. There are Courts a pig or a lamb, death to return home in which the accused is constantly from transportation, death to write waiving and abandoning his Constitii- one's name on London bridge. Sir tiotwl right to he indicted hy a grand Samuel was not able to accomplish a piry, and tned hy a petit jury. In great deal, before his suicide in 1818; almost every case, the accused waives but another great lawyei, Sir James his legal right to actual arraignment, Mackintosh, took up the work, Ix)rd oral pleading, and a copy of the in- Brougham assisting. It was not until dictment. Almost invariably, lie waives near the middle of the last century, that the useless and perfunctory Hght of the Draconian code was stripped of polling the jury. If he likes, he most of its horrors, and the prisoner's can go to trial with eleven jurors, counsel was allowed to address the or less, and he may waive a legal jury. (See McCarthy's Epochs of Re- disqualification of a juror. In fact, form, pages 144 and 145. Mackenzie's the accused, iL^ho can waive and The 10th Century, pages 124 and 125.) abandon his right to the jury itself, Therefore, when any Councillor for an can of course, waive any lesser right. American Academy of Jurisprudence This may not be good law in the glibly writes about what have been American Academy of Jurisprudence, the common-law rights of the accused but it is good law among good lawyers. "for centuries." he makes himself Councillor Morse says that "for cen- ridiculous. turies" it has been the common-law As a general rule, a prisoner may right of the accused to ask each juror Avaive any legal privilege; and what- "whether the verdict be his." This ever he may waive, his attorney may cock-sure statement of what the Eng- waive; and this waiver can be made lish common-law has been "for cen- after the trial and will relate back to turies," would have had considerable the time when he was entitled to the weight, had the Councillor cited some privilege. This waiver may l^e ex- it authorities. pressed, or it may be implied : may conduct. It was in 1765, that Sir William be in words, and it may be in noth- Blackstone published the first volume In Blackstone's Comnnentaries, prisoner's of his Commentaries; and at that time, ing is said on the point of the the accused, in a capital case, did not presence, when the verdict comes in. even have the right to be defended by Unquestionably, it is the better prac- if his a lawyer. At that time, there were tise for him to be in court. But they upwards of 116 violations of law, lattorneys are present, and de- punishable by death, some of these mand a poll of the jury, expressly : '

WATSON'S MAGAZINE. 255 waiving the presence of their client, love me, laid down," (with me) "and they have done for the accused all that play like the night witch did it." he could do for himself, were he in All have claimed that the words court—for the prisoner is not allowed "night witch" meant "night watch." to ask the jurors any questions. The It may not he so. For the present, judge does that. Hence, Frank lost I only ask you to consider that nothing whatever by his absence; and the State's theory all along, has been when he failed to make that point, as that Leo Frank was after this girl, to he stood in court to be sentenced and enjoy her sexually, and that the mur- was asked by the judge, ^^What have der was a crime incident to her resist- you to say why sentence should not he ance. pronounced on youf he ratified the The girl w^orked for Frank, and he waiver his lawyers had made. He con- knew her well. He had sought to push tinued that ixiti-fication., for a whole his attentions on her. She had re- year. pulsed him. She had told her friend Not until after two motions for new George Eppes that she was afraid of trial had been filed, did Frank raise him, on account of the way he had the point about his absence at the time acted toward her. the verdict came in ; and, if he is set free He had refused, on Friday after- on that point, the world will suspect noon, to let Helen Ferguson have that Rosser and Arnold, laid a trap Mary's pay-envelope, containing the for the judge. pitiful sum of one dollar and twenty Does it seem good law to Councillor cents. He thus made it necessary for Morse, that a man whose guilt is made Mary to come in person for it, whicn manifest by the official record, should she was sure to do, next day, since the be turned loose, to go scot free, on a universal Saturday custom is, to pay technical point, which involves the re- for things bought during the preced- pudiation of his own lawyers, and the ing week and buy things, for the next. retraction of his own ratification which Why did not Frank give Mary's pay had lasted a year? Is there no such envelope to Helen, when Helen asked

thing as a waiver by one's attorneys for it, on Friday? It had been the and a ratification by one's prolonged habit of Helen to get Mary's envelope,

acquiescence ? and Frank could hardly have been Now before going into close reason- ignorant of the fact. ing on the established facts in the case, Did he refuse to let Helen have allow me to call your attention to this Mary's pay, because it was not good point business? Whoever wrote those notes that were That hypothesis falls, when we ex- found beside the body seems to say that amine Frank's own statement to the she had been sexually used. "Play with jury. On page 179 of the record, he me." "Said he would love me." "Laid tells the jury that Mattie Smith came down." "Play like night witch did it," for her pay-envelope on Saturday but that long tall black negro "did (it) morning, the 26th of April, and by hisself." she asked for that of her sister-in-law, Those words are inconsistent with a also, "and I went to the safe ....

crime whose main purpose was murder. and got out the package . . . and Uppermost in the mind of the man gave her the required two envelopes.'^ who dictated those notes, was quit*, Therefore, Frank himself was in the another idea. Consistent with that idea, habit of letting one employee have and not with murder alone, are the another's pay envelope. On that words "Play with me. said tie would same morning, he gave the pay-envel- — — —

256 WATSON'S MAGAZINE.

opes of two of the boys to their hour of that fatal day and those two fathers, Graham and Burdette. (Page were alone/ 181.) Frank is driven to that dreadful ad- T^Tiy did Frank make an exception mission. Inexorable proofs left him no of Mary Phagan, this one time? ^Vhy o])tion. did he discriminate against her, and By his own confession, he is alone

only her, that week-end? with the f/irl, the last time any mortal Be the answer what it may. the girl, eye sees her alive! all diked out in her cheap little finery She is in the flush of youthful bloom. for Memorial Day, comes with her She is nearly fourteen years old, buxom, smart fresh lavender dress, the flowers and rather large for her age. She has on her hat, the ribbons on her rosy cheeks, bright blue eyes, and dress, her gay parasol, and her golden hair. She is well-made, in per- best stockings and silk garters fect health, as temj)ting a morsel as comes into the heart of the great ever heated depraved appetite. Did city, about noon, goes immediately to Leo Frank desire to possess the girl? Frank's oflfice for her one dollar and Was he the kind of married man who twenty cents, is traced by eA^dence. runs after fresh little girls? Had he which Frank dared not deny^ into his given evidence, in that very factory, of office and^ is never more seen alive. his lascivious character? Is there any reasonable person, on The white ladies and girls whose the face of God's earth, who wouldn't names have already been given, swore say Frank must account for that girl? that Frank was just that kind of a When a mountain of evidence piled man; and neither Frank nor his bat- up, on the fact of the girl's going to talion of lawyers have ever dared to him, he then admitted that she did go ask those white women to go into de- to him, somewhere around 12 o'clock tails, and tell why they swore he was that day. depraved! He says that a little girl whom he Does it make no impression on your afterwards learned to be ]Mary Pha- mind, when you consider that tre- gan, came to him for her pay-envelope. mendous fact? He pretended not to know that a We start out, then, with a depraved girl of her name worked for him, until young married man whose conduct, in he consulted the pay-roll ! He went that very place,^ is proved to have been through the motion of looking at the lascivious. Did he desire Mary Pha- pay-roll for the purpose of ascertain- yan? Had he ''tried"' her? Did he ing whether such a human being want to "try" her, again? worked in his place ! After having One white girl swore that she had found her name on the list, he then seen Frank with his hand on Mary's admitted that a girl named Mary Pha- shoulder and his face almost in hers, gan had been working there. talking to her. One white boy swore What sort of impression does thi?3 that he had seen Mary shrinking away make on you, in view of the fact that from Frank's suspicious advances. four white witneses swore thej^ had Another white boy swore that Mary seen Frank talk to her. and that, in said she was suspicious and afraid of doing so. he called her "^lary?"' Frank. Another Avhite girl swore she Why did Frank, when her dead body heard him calling her "Mar}'," in close was found in the basement, feign not to conversation. know her. and say that he would have Hov mriny witnesses are necessary to consult the pay-roll? to prove that the licentious young The girl, dressed up for a Holiday, Jew lusted after this Gentile girl? was in Frank's office, at about the noon Tlie r< r:ord gives you four. WATSON'S MAGAZINE. 257

(See the evidence of Ruth Robinson, who had dressed up for the Holiday and E. and gone out, radiant with youth J. M. Gantt, Dewey^ Howell W. Turner.) and health and beauty, to enjoy it, as Why, then, did she continue to work other young girls all over the South there? were doing. She goes into Frank's own She needed the money, and felt private office, and that's the last of her.

NOTE THE HORRIBLE LIPS, THE NOSE AND THE AVERTED EYES OF LEO FRANK —A TYPICAL PERVERT

us, Lu- strong in her virtue : she never dreamed What became of her? Tell of violence. ther Rosser! Tell us, Herbert Haas! She kept on working, as many poor Tell us, Nathan Strauss! Tell us, girls do, who cannot help themselves. Adolph Ochs! Tell us, Rabbi Marx! Freedom to choose, is not the luxury of Tell us, William Randolph Hearst! the poor. What became of our girl? But let us pass on. The fatal day YOUR 31AN, FRANK, HAD HER comes, and Mary comes, and then her LAST: WHAT DID HE DO WITH light goes out—the pretty little girl HER? )

258 WATSON'S MAGAZINE.

So far as I can discover, the only But how could the limp and bleed- theory advanced by the defenders of ing body fall down that ladder, strik- Leo Frank, is hung upon Jim Conley. ing rung after rung, on its way down, They claim that Jim darted out upon without leaving bloodmarks on the Mary as she stepped aside on the first ladder, and without the face and head floor, cut her scalp with a blow, of poor dying Mary being all bunged rendered her unconscious, pushed hei up, broken and cut open, by the re- through the scuttle-hole, and then w^ent peated beatings against the "rounds" down after her, tied the cord around of the ladder? her neck, choked her to death, hid the IIow could that bleeding head have body, wrote the notes, and broke out by lain at the foot of the ladder, without the basement door. leaving an accusing puddle of blood? If the defense has any other theory How could that bleeding body, still than this, I have been unable to find alive, have been choked to death in it. And they must have a theory, for the cellar, leaving no blood on the base- the girl icas killed, in the factory, im- ment floor, none on the ladder, none at mediately after she left Frank's pri- the trap-door, none on the table where vate office. There is the undeniable they claim the notes were written, and fact of the murdered girl, and no mat- none on the pads and the notes? ter what may be the "jungle fury" of Not a particle of the testimony points the Atlanta "mob," and of the "semi- suspicion toward the negro, before the barbarians" of Georgia, these mobs cnme. He lived with a kept negro and barbarians did not kill the girl. woman, as so many of his race do ; but Either, the Cornell graduate did it, he had never been accused of any or Jim Conley did it. offense more grave than the police com- Did Jim Conley do it? If so, how, mon-place, "Disorderly." (His fines and lohyf "\ATiat was his motive, and range from $1.75 to i+'lo.OO.) what was his method? He was at the factory on the day of The defense claims that he struck the crime, and Mrs. Arthur White saw her the blow, splitting the scalp, on the him sitting quietly on the first floor, first floor, where he worked, immedi- where it was his business to be. After ately after she left Franlc's office on the the crime, there was never any evidence second floor. discovered against him. He lied as to They claim that the negro then his doings at the time of the crime, but dragged the unconscious body to the all of these were consistent with the scuttle-hole, and flung her down that plan of Frank and Conley to shield ladder. each other. Frank was just as careful What sort of hole is it? All the evi- to keep svsjncion from, settling on the dence concurs in its being a small negro, as the negro ivas to keep it from opening in the floor, with a trap- door settling cm Frank. over it, and only large enough to admit You would naturally suppose that one person at a time. (It is two-feet the white man. reasoning swiftly, square. would have realized that the crime lay Reaching from the opening of this between himself and the negro; and hole, dow^n to the floor of the basement, that, as he kneic himself to he innocent, is a ladder, with open rungs. he knew the negro must be guilty. Now, when Jim Conley hit the girl Any white man, under those circum- in the head, and split her scalp, they stances, would at once have seen, that claim he pushed her through the trap- only himself or the negro could have the the deed, since others had the door, . so that she would fall into done no basement below. opportunity. — — —

WATSON'S MAGAZINE. 259

Hence, the white man, being con- most in the presence of a white man. scious of innocence, and bold in it, Between the hour of 12 :05 and 12 :10 would have said to the police, to the Monteen Stover walked up the stairs detectives, to the world from the first floor to Frank's office on "No other man could have done this the second, and she walked right thing, except Jim Conley or myself; through his outer office into his inner and, sinc^ I did not do it, Jim Conley office and Frank was not there! did. I demand that you armrest Mm^ at She waited 5 minutes, and left. She once., and let me face him!'''' saw nobody. She did not see Conley, Did Frank do that? Did the Cor- and she did not see Frank. nell graduate break out into a fury of AVhere were they? And where was injured innocence, point to Conley as Mary Phagan? the criminal, and go to him and ques- It is useless to talk about street-car tion him. as to his actions, that fatal schedules, about the variations in day? clocks, about the condition of cab- No, indeed. Frank never once hinted bage in the stomach, and about the

Conley 's guilt. Frank never once asked menstrual blood, and all that sort of to be allowed to face Conley. Frank secondary matter. hung his head when he talked to Newt The vital point is this Lee; trembled and shook and swal- Where was Mary, and where was lowed and drew deep breaths, and kept Frank, and where was Conley, during shuffling his legs and couldn't sit the 25 minutes, hefore Mrs. "White saw still; walked nervously to the win- both Frank, and Conley? dows and wrung his hands a dozen Above all, where was Frank when times within a few minutes ; insinuated INIonteen Stover went through both his that J. M. Gantt might have committed offices, the inner as well as the outer, the crime; and suggested' that Newt and couldn't find him? Lee's house ought to be searched; hut She wanted to find him, for she never a single time threxo suspicion on needed her money. She wanted to find Jim Conley, or suggested that Jim}s him, for she lingered 5 minutes. house ought to he searched. ^V^here was Frank, while Monteen Did the negro want to roh somebody was in Ms office, and was waiting for in the factory? Could he have chosen himf a worse place? Could he have chosen THAT'S THE POINT IN THE likely a poorer victim, and one more CASE : all else is subordinate. to make a stout fight ? Eosser and Arnold are splendid law- Mar}^ had not worked that week, ex- yers: no one doubts that. They were cept a small fraction of the time, and employed on account of their pre-emi- Jim knew it. Therefore he knew that nent rank at the bar. I have been with her pay-envelope held Jess than that of them in great cases, and I know that any of the girls! whatever it is possible to do in a Did Jim Conley want to assault some forensic battle, they are able to do. woman in the factor}^? Could he have Do you suppose for one moment that chosen a worse time and place, if he Rosser and Arnold did not see the ter- did it on the first floor at the front, rihle significance of Monteen's evi- where white people were coming and derwef going; and cohere his hoss, Mr. Frank., They saw it clearly. And they made might come down stairs any minute., on fi^antic efforts to get away from it. his icay to his noon m^al? Hoio? No negro that ever lived would at- First, they put up Lemmie Quinn, tempt to outrage a white woman, al- another employee of Frank, to testify 260 WATSON'S MAGAZINE.

that he had gone to Frank's office, at "Now, gentlemen, to the best of my 12 :20, that Saturday, and found Frank recollection, from the time the whistle there. blew for twelve o'clock until after a But Lemmie Quinn's evidence re- quarter to one when I went up stairs coiled on Frank, hurting the case and spoke to Arthur White and Harry badly. "Why? Because two white Donham. to the best of my recollection, ladies, lohom the Defendant p>it up, as I (lid not stir out of the inner office, his witnesses^ swore positively that they but it is possible that to answer a call were in the factory just before noon, of nature or to urinate I may have gone and that after they left Frank, they to the toilet. Those are things that a went to a cafe, xohere they found Lem- man does unconsciously and cannot tell mie Quinn; and he told theni he had how many times nor when he does it." just been up to the office to see Frank. Here then was the second of the two Mrs. Freeman, one of the ladies, desperate, but futile, attempts to ac- swore that as she was leaving the fac- count for the whereabouts of Frank, at tory, she looked at Frank^s own clock., the fatal period of time when he and and it was a quarter to twelve. Mary are both missing. Mrs. Freeman testified that as she Pray notice this : Frank's first state- passed on up the stairs in the factory ment made a few hours after Mary's building, she saw Frank talking to two corpse was found, made no mention of men in his office. One of these men Lemmie Quimvs coming to the office was no doubt Lemmie Qumn. At any after liattic Hall left. The effort to rate, after she had talked to the lady sandwich Quinn l>etween Hattie Hall on the fourth floor (Mrs. White) and and Mrs. White, was a bungle, and an had come down to Frank's office to use afterthought. It showed he felt he his telephone, the men were gone; and nnust try to fill in that interval and the

when she met Quinn at the cafe, he told failure showed his inability to do it. her that he had just been up to Frank's Hence he is left totally unaccounted for, office. Hence the testimony of Mrs. during the half-hour when the crime Emma Clarke Freeman, and Miss Co- was committed. rinthia Hall, smashed the attempted Frank's final statement^—the one he alibi. And of course the abortive at- made to the jury—hurt him anothei tempt at the alibi, hurt the case terri- way: he said he was continuously in Uy. his inner office, after Hattie Hall left, Let me do Mr. Quinn the justice to whereas Mrs. Arthur "\^^lite on her un- say, that he merely estimated the time expected return to the factory surprised of day, by the time it would have taken him in his outer office where he was him to walk from his home; and that standing before the safe with his back he admitted he had stopped on the way, to the door. He jumped when she spoke at Wolfsheimers, for 10 or 15 minutes to him, and he turned round as he —all of which is obvious guess-work. answered. He frankly admitted that when he met He did not explain what he was do- Mrs. Freeman and Miss Hall at the ing at the safe at that time 12:35, and Busy Bee Cafe, he told them he had the State's theory is, that he had been just been up to Frank's office. putting Mary's mesh bag and pay- Secondly, the able lawyers for the envelope in the safe. defense endeavored to meet Monteen The only material thing about it is, Stover's evidence by the statement of that he was out of his inner office at Frank himself. This statement is so 12 :35, and not continuously in it up to extraordinary, that I will quote the nearly 1 o'clock, as he declared he was. words from the record: And he had never even attempted to ex- — ! : ! /

WATSON'S MAGAZINE. 261 plain whj^ he was at the safe at that She left my office and apparently time. had gotten as far as the door from my The fact that Conley may have been office leading to the outer office, when missing too, is secondary, and more she evidently stopped, and asked me doubtfuL Monteen did not come there if the metal had arrived, and I told to look for him. Her mind was not on her no. She continued her way out, Jim Conley. &c." Monteen's mind was on her money Note his studied effort to make it and the man who had it. She went appear that he did not even lift his there to find Frank. She says—"I eyes and look at this rosy, plump and went through the first office into the most attractive maid. He does not second office. I went to get my money. even know that she stopped at his inner I went in Mr. Frank's office. He was office door, when she spoke to him. She not there. evidently stopped, apparently at the

I stayed there 5 minutes, and left at door : he does not know for certain : he 10 minutes after 12." was not looking at her to see. She Mrs. Freeman and Miss Hall had spoke to him, and he to her, but he

already been there : Lemmie Quinn had does not know positively that she

already been there : and these visitors, stopped, nor positively where she was, having gone up to Frank, came down at the time. He did not recognize her again. Next comes pretty Mary Pha- at all. She gave him her number, and gan, and she goes up to Frank, and he found an envelope to match the num- Frank receives her in his private office ber, and he gave it to the little girl, and when Monteen comes up into that whom he afterwards found to be Mary same office, in her noiseless tennis shoes, Phagan! "Found," Aowj.^ By looking at 5 minutes after twelve, neither Mary at the pay-roll, and seeing that Mary's nor Frank were to be heard or seen. name corresponded with the number O! where were they, THEN? that was on the pay envelope To the end of time, and the crack of Let me pause here long enough to doom, that question will ring in the remind you that J. M. Gantt, Dewey ears and the souls of right-feeling peo- Howell, W. F. Turner and Miss Ruth ple. Robinson, all swore positively that Frank says he may have uncon- Frank did know Mary Phagan, per- sciously gone to the toilet. Then he sonally, hy sight and hy name. as vnconsciously PUT HIS FEET IN But what follows after Mary leaves THE MURDERER'S TRACKS! Frank's office? The notes make Mary Phagan go to He says—"She had hardly left the the same place, at the same time; and plant 5 minutes when Lemmie Quinn the blood spots and the hair on the came in." lathe show that she died there But Miss Corinthia Hall, and Mrs. On page 185 of the official record, Emma Clarke Freeman, and Quin'K Frank says himself, made it plain that Quinn had "To the best of my knowledge, it already been there and gone, before must have been 10 or 15 minutes after they arrived. Miss Hall left my office, when this lit- When did they arrive? And when tle girl, whom I afterwards found to did they leave?

be Mary Phagan, entered my office and They came at 11 :35 and left at 11 :45 ! asked for her pay envelope. I asked They were Frank'^s own witnesses, and for her number and she told me; I they demolished the Lemmie Quinn went to the cash box and took her en- alibi and Frank's own statement velope out and handed it to her. identi- "What can be said in answer to that? fying the envelope by the number. Nothing. It is one of those provi- — ! ! !

262 WATSON'S MAGAZINE.

dential mishaps in a case of circum- teen Stover softly comes into the outer stantial evidence, that makes the cold office, goes right on into Frank's inner chills run up the back of the lawyer office, seeking iier money, and cannot for the defense. find Frank I know^ for I have had them run up The place is silent; the place is de- my back: I know them, of old. serted ; she waits five minutes, hears See if you g^t the full force of the nothing .and sees nobody. Then she point. Kemember that Frank's lawyers leaves. put up Mrs. Freeman and Miss Hall, Where were you, Leo Frank? to account for Frank at the fatal period And where was our little girl? when he seemed to l)e missing. Evi- Desperately, he says he may have- dently, they were expected to account gone to the closet. fo Frank up to T^emmie Quinn's ar- Fatefully, the notes say Mary went rival, and after that, IxMumie was to to the closet. do the rest. But Mrs. Freeman and Fatally, her golden hair leaves some Miss Hall not only arrived too soon, of its golden strands on the metal lever,

but got there after Lemmie ! When where her head struck, as Frank hit they left at 11 :45, hy the clock in her; and her blood splotched the floor Frank''s office^ they went to the cafe, at the dressing room, where Conley and who should be there but Lemmie, dropped her. and Lemmie, in the innocence of his What broke the hymen? "What tore heart, said he had just been up to the inner tissues? What caused the Frank's office. dilated blood vessels? Wiat lacera- Mary Phagan^ as all the evidence tion stained the drawers with her vir- shows, ijoa^ at that time on her way to ginal blood? How came the outer the fatal trap! vagina bloody? The evidence of Frank's three wit- Who split her drawers all the way

nesses, Miss Hall, Mrs. Freeman and up ? Who did the violence to the parts Lemmie Quinn, proves that he told the that Dr. Harris swore to? jury a deliberate falsenood when he The blow that bruised and blackened, said that Quinn was with him, after but did not break the skin, was in Mary Phagan left. front, over the eye, which was much That's the crisis of the case swollen when the corpse was found. Desperately he tries to show where The blow that cut the scalp to the bone he was, after the girl came; and, des- and caused unconsciousness, was on the perately, he says that Quinn came after back of the head. Mary left, and that Quinn knows he Who struck her with his fist in the was there in his office, after Mai^j had face, and knocked her down, so that, in departed. falling, the crank handle of the machine

Ah no ! The great God would not cut the scalp and tore out some of her let that lie to prosper hair? Mrs. Freeman, Miss Hall, and Quinn How did anybody get a chance to put themselves in and out—there and hit her in the back of the head, and not

aAvay. come and gone, before Mary throw her on her face ? Would a negro came and iishere does that leave go for a cord with which to choke a

Frank? white woman he had assaulted ? Would The plank he grabbed at. he missed. a negro have remained with the body,

The straw he caught at. sunk with him. or cared what became of it, and taken When Lemmie Quinn fails him. hfc the awful risks of getting it down two sinks into that fearful unknown of the floors to the basement? Would a ne- half hour when the unexpected Mon- gro have lingered by the corpse to — — :

WATSON'S MAGAZINE. 263 write a note on j^ellow paper, and Frank told Harry Scott, in the hear- another note on white paper? Would ing of John Black, that he was eon- a negro have loafed there to compose tinvously in his office^ during the 45 notes at all ? What negi'o ever did such mi7ivtes AFTER MARY HAD GOME a thing, after such a crime? AND GONE. Place in front of you a square piece The white lady, Mrs. Arthur White, of blank paper, longer than it is broad returned at 12 :35, and found Frank in an old envelope will do. This square his office, standing before the iron safe. piece of paper, longer than it is broad, He jumped nervously, when he heard will represent the floor of the building her. —the second floor, upon which Mary Now, then: Monteen Stover went to Phagan was done to death. Frank's office, after Mary had gone Draw a line through the middle of away from it, AND BEFORE MRS. the square, from top to bottom, cutting WHITE CAME BAGK, AT 12:35. the long square into two lesser squares. Where was Frank, then? These will sufficiently represent the two Right there, in that fateful half- large rooms into which the second floor hour, lies the crime. was divided by a partition. Mark a Who is the criminal? place in the center of the partition, for If Frank had been in his office, Mon- the door which opens oiic room into the teen would, of course, have seen him other. when she went to it—and he would Whei^e teas Frank office f have seen her. It was at the upper right-hand cor- He did not see her, and therefore did ner of the room, to your right, as the not know that she had been there, until square lies lengthwise before you. after he had told Harry Scott, posi- Mark off a small square at that cor- tively and repeatedly, that he was in ner, for Frank's office. his office, THEN. Mark off a small square, in the left It was afterwards, when the unim- hand lower corner of the second room, peachable Monteen told what she knew, and run a line through it, to divide this that Frank saw how he had boxed him- small closet, info two divisions. One self up. of these small divisions was the water- Then it was, that such a persistent closet of the men : the other, of the and desperate effort was made to get women ! Yoic cannot crumple a piece Monteen's evidence out of the way. of paper in the one^ without heing Then it was, that Buims in person heard in the other! tried first to persuade, and then to hull- We naturally turn to Frank, and we doze her. naturally ask him {Why donH some of Frank''s paid What did Mary do^ after you gave champions dtcell on that ugly pfiase her the pay-envelope? Where did she of his case?) go? The enormous weight which Frank's He cannot answer. lawyers and detectives (Bums and But thereupon we take it up, another Lehon) attached to Monteen's evi- way, and we ask him this question dence, is the hest proof that Monteen's Where %cere YOU after Mary left? evidence clinches the guilt of Fi'ank. Did you stay in your office? Did you When Frank told Scott and Black that go anywhere, and do anything? he was in his office, continuously, after Xow, follow the facts closely: Mary left, he knew the vital necessity Frank's own detective, Harry Scott, of accounting for his whereabouts, at in his energetic efforts to find the that particular time. criminal, pinned Frank down, as to lie kneiv it, even then! u'here he was^ after 12 o'^clock. His definite, positive placing of him 264 WATSON'S MAGAZINE.

self, during that particular half-hour, But if Frank was in his office, and shows that he knew it. Monteen is a liar without motive, how BUT HOW CAME TIE TO KNOW could a negro come up from the lower IT? floor (where Mrs. AVliite saw him.) and If some one else made away with commit the crime, without Frank hear- the ^rl, he did not THEN know lohen ing, or seeing a single thing to excite the deed was done. his suspicion? If he is as innocent as a'ou and I, Where is the negro who would go he did not then know, any better than that close to a white man's office, when you and I then did, the vast materi- he knew the white Tnan was there, to ality of his whereabouts, at any one commit such a fiendisu crime upon a half-hour of that fatal day. white girl? And how did the negro, How came he, at that time, to be so by himself, get the body from the extremely careful to account for him- second floor, down to the basement? self, for that special half-hour, and Mary's body was found on the night why did he lie about it? of Saturday the 2Gth. It appeared to He does not deny what he told Scott have been dead a long time. ''The

Black : he and does not accuse Monteen body was cold and stiff." The notes of a perjury for w^hich she had no mo- were lying close by. tive : he stated to the jury that he might Newt Lee went on dutfy for the night, have gone to the water-closet, on a call as usual, that Saturday night, and it of nature, which he curiously said is was he who found the body on that an act that a person does "without be- night, at about 3 o'clock. ing conscious of it." Therefore, you have a clear case of If Frank told Scott a and Black murder, on Saturday, sometime after deliberate falsehood as to his where- the noon hour, and before Newt Lee abouts, that is a powerful circumstance came on duty as night-watchman, at 6 against him. o^clock. If he was actually out of his office, Conley was not back in the building just after Mary left, that, also, is a that day, after 1 o'clock. Frank was. powerful circumstance against him, The record shows this. provided he cannot tell where he was. The circumstances conclusively prove If, in giving the only possible ac- that somebody did the deed, during the count of himself, he puts himself at half-hour following Mary's coming to the water-closet, then the crime gets Frank's office. right up to him, provided Mary was Frank admits that he is the last white ravished and killed, in that same room. person with she ever seen. Now, where was Mary ravished and whom was she was as- killed? The blood and the notes say saulted on Frank's floor, near the The blood-marks and the hair say, closets, she and Frank both used. in that same room! which And the notes say, in that same room! The notes make her go to the closet, The blood-marks tell where she was; to answer a call of nature, immediately and if Frank went out ot his office, to after she left Frank! go to the closet, he went right there! She did not go up stairs; she had no The notes make Mary say that she work to do in the factory, that day; went to the closet", "to make water," and if she went to the toilet at all, she and, if she did, she went right there. went there from Frank''s office. If a negro seized her, raped her and She never again appeared down

killed her, he had to he right where stairs ; or out of doors. Frank says he was, when absent from If she had gone up stairs, Mrs. his office. AMiite and others would know it. If — : !

WATSON'S MAGAZINE. ^65 she had gone down stairs, hoth Frank with a cord, does not fold lier own and Conley icould know it. hands across her hosom. O no Yet at 12 :35, Mi-s. AVhite saw Frank, In the agony of death, her arms will hut did not see the girl. be spread out. And if, hours later, She had disappeared, during the those arms are found across her bosom, very time that Frank disappears ; and the little hands meeting over the pulse- when Frank gets back into his office, less heart, be sure that somebody who at 12:35, that little girl is out there remembers intuitively how the dead near the toilet, in the next room^ chok- should be treated, has put those ago- ing to death. nized hafids together/ It was Frank who was close to her: There were the indisputable and un-

it was the negro who was down stairs. disputed facts : a bloody corpse, with a Xo wonder Frank "jumped," when wound in the head, torn underclothing, Mrs. "\Miite came up, behind, and spoke. privates bloody, a tight cord sunk into No wonder he hurried Mrs. AVhite the soft flesh of the neck, the face out of the building, hesitated to allow blackened and scratched by dragging J. M. Gantt to go in for his shoes, and across a bare floor of cinders and grit, refused to let Newt Lee enter. and yet when turned over and found By all the evidence^ Frank and Jim "cold and stiff," the testimony curtly were the only living mortals in that adds— part of the house, at that time. Mary '''Hands folded across the breast.'''' undoubtedly was there, at the time, by How did that happen? Who folded Frank's own line of defence. those Ittle hands across the heart which beat no more? There was one short sentence in Capt. In vain, I searched the evidence. J. N. Starnes' re-direct examination, Nowhere was there an explanation. In that did not rivet my special attention fact, nobody had seemed to be struck at first. That sentence was by that brief, clear statement of Capt. ''''Hands folded across the hreastP Starnes, which everybody conceded t^ That simple statement came back, be strictly true again and again, knocking at the door, ''''Hands folded across the breast.'''' as if it were saying, '' Explain me!'''' Mind you, when she was found in How did it happen that a girl who the basement, she was lying on her face., had been raped or murdered—or both not directly on her stomach, but so —was found nnth her hands folded much so that they had to '''turn her

over her hreastf over,'''' to see her face, and wipe the How could a girl who had been dust and dirt off, for the purpose of knocked in the head, on the first floor, recognition. (See official record, pages

and tumbled down into the basement, 7, 8 and 9.)

through a scuttle-hole, and over a lad- Lying on her face ! Had to turn her der, as Defendant claims, have her over, and "the body was cold and stiff." hands resting quietly on her bosom? But the frozen hands—where -were Frank's theory represents Jim as they? "Folded across the breast." attacking Mary on the first floor, finish- Then, they had become rigid in that

ing her in the basement below, then position ! They had not come off the writing the notes, breaking the door, bosom, even when the body was turned and speeding away. over! They had remamed across the Tliat theory does not account for breast, while the body was being those folded hands. dragged. A girl knocked on the head, into un- Dr. Westmoreland and Dr. Harris consciousness, and then choked to death would probably agree, for at least one ! !

266 WATSON'S MAGAZINE. time, and hoth would say, as competent by the Neale Publishing Company, a experts, that those hands, (to remain new book of war experiences, written fixed under those circumstances,) had by a Philadelphia surgeon. Dr. John been placed across the girl's bosom, he- H. Brinton; and he relates some vivid fore the stiffness set in. incidents showing the rapid action of Death froze them there the rigor mortis—the "instantaneous You may read every line of the evi- rigor," following mortal wounds re- dence on both sides, as I did, and you ceived in battle. He made a special will not find any explanation of those study of the dead, on the field which folded hands—hands folded as no the North calls Antietam. (Our name murdered woman's were ever found be- for it is, Sharpsburg.) fore, except where somebody, not the On page 207, Dr. Brinton speaks of murderer., instinctively followed uni- the cornfield and sunken road, so fa- versal custom, and folded them! mous to the literature of the War; and Can you escape that conclusion? No, he says, "Dead bodies were everywhere. you can't. At least, I couldn't, and I . . . . Many of these were in extra- have been reading and trying murder ordinary attitudes, some with their cases, nearly all my life. arms raised Hgidly in the air. . . . Then, as a last resort., in my efforts I also noticed the body of a Southern to satisfy myself about that unpar- soldier. . . . The body was in a alleled circumstance of the folded semi-erect posture. . . . One arm, hands, I decided to turn to Jim Con- extended, was stretched forward. . . ley's evidence, saying to myself, as 1 . . His musket with ramrod halfway did so, "If that ignorant nigger ex- down, had dropped from his hand." plains that fact, whose importance he This Southern soldier had been lying cannot possibly have known., it will be in the road, had half risen to load and a marvellous thing." So I turned to shoot, had been shot while driving the Conley's evidence, searching for that ramrod home, and the gun had one thing. On page 55, I found it. dropped : but the soldier himself re- Here it is: mained, face to the foe, half-erect, with "She was dead when I got back there, "one arm extended, and stretched for- and I came back and told Mr. Frank, ward?'' and he said 'Sh-sh!' .... The Brave Southern soldier ! Death it- girl was lying flat on her hack and her self could not rob him of the proofs hands were ont, this way. I put both of his unfailing heroism. of her hands down, easy, and rolled Brave Southern girl ! Death itself her up in the cloth. ... I looked would not rob Mary Phagan of the back a little way and saw her hat and proofs, that she fought for her inno- piece of ribbon and her slij)pers, and I cence to the very last. taken them and put them all in the Shame upon those white men who cloth." desecrate the murdered child's grave, The girl was lying flat on her back, and who add to the torture of the hands out this way—and he illustrated. mother that lost her, by saying Mary "I put both of her hands down.^^ Then, was an unclean little wanton. they were not only out, but i/p—as if Jim Conley had no motive to de- the pitiful little victim had been push- scribe her hands as being uplifted ; and ing something, or somehody, off he, an ignorant negro, oould not have Those dead hands are fearful accusers realized the stupendous psychological of the white men who now say that significance of it. Mary Phagan did not value her virtue. Providence was against Frank in this Only the other day, there was issued case. The stars in their courses fought — — —

WATSON'S MAGAZINE. 267

against him, as they fought against meaning of Mary's hands being in such Sisera. His laicycrs Tuust have felt it. a position upward, that Jim had to Providence was against him, in the put them "c/o'MJW." time of ISIonteen Stover's unexpected No negro could have invented that. visit to his office. No negro could have knoion the im- Providence was against him, in the portance of that. Apparently, the unexpected return of Mrs. White. lawyers did not pay any attention to Providence was against him, in the it. Am / mistaken in doing so? Am fatal break-down of his alibi. I wrong in saying that this little fact Providence was against him, in the absolutely establishes the truth of the apparently trivial fact that Newt Lee's State'^s theory? call of nature, Saturday night, did not How, else, do you account for the occur on any of the floors cibove the hands folded across her breast, so hasement—all of which had closets—but rigidly that when her body had been occurred in the basement, where the dragged, and then turned over, the closet was close to the dead girl. rigid posture of the hands was main- Providence was against him. in the tained, by the frozen muscles? fact that Barrett worked that crank To save your life, you cannot explain handle, the last thing on Friday it, except by saying that somebody, evening., and was thus able to credibly almost immediately after the girl's swear that it had no woman's hair on it, death, put her hands in that position. then. She didn't do it. Providence was against him, in that Who was that someboay? Stanford swept the whole floor Friday., Not the man who hilled her, you may and was thus able to credibly swear be dead sure. that there was no blood on it, then. But the nigger says, he did it. Providence was against him, when Then you may stake your life on the he was forced into explaining his proposition, that the nigger didnH kill absence from his office by unwittingly her. jmtting hirnself at the flace of that Negroes who assault and murder tvoman^s hair and those fresh Mood white women, don't loiter to fold hands, spots. write notes, and pick up hats, ribbons Providence was against him, when and slippers. that cold and stiff girl was found in Negroes who assault and murder the basement, with "hands folded white women, have never failed to hit across the breast," for that fact the outer rim of the sky-line, just as apparently little imperiously demands quick as their heels can do it. explanation.' But as it was the nigger who put And when you start out to hunt for down the girl's hands, and folded the explanation which you know must them across her breast, soon after hei exist, you search every nook and life went out, who did kill her? cranny in the case without finding it, TFIE ONLY OTHER POSSIBLE until you read a line or two which the MAN, LS FEANI{. negro did not understand the mean- Was it Frank, and not the nigger, ing of—and which, so far as I can who was "lascivious,'' at that factory? learn has never been the subject of Twelve white women swore, "Yes." comment, on either side. Was it Frank, and not the nigger, It happened to flash across me, that who had been after this little girl. I had recently read something similar, Three white witnesses swear, "Yes." in the book which Walter Neale had Hoiv many more witnesses do you

sent me for review ; and then I saw the want, than fifteen white ones? —! —

268 WATSON'S MAGAZINE.

And yet the Biirnses, and Connolly's, him) I went ... on up the steps. and Pulitzers, and Abells, and Ochses, Mr. Frank was standing up there at the and Thomsons and Rossers are still top of the steps, and shivering and telling the outside world that the virtu- trembling, and rubbing his hands like ous Frank was convicted on race this—. prejudice, and the evidence of one be- He had a little rope in his hands sotted negro a long wide piece of cord. His eyes Was any State ever so maligned, as were large and they looked right Georgia has been? funny

I^et me call your attention to another He asked me, '•''Did you see that lit- little thing in the negro's evidence tle girl who passed up here a while which there was no need to "make up." ago'?'' It is his statement that he wrote, at Jim told him he had seen two go up, Frank's dictation, four notes before and only one come down. Frank was satisfied. Why say four^ Mind you, Frank had not heard when only two were found ? The negro Monteen Stover, whose tennis shoes in testifying at the trial, knew that only made no noise; and Frank knew two notes were found, yet he swore to nothing of her visit at all. AVhen he writing four. asked Jim if he had seen that little At least, I so understand his words, girl, Frank meant, "Did vou see the which were Phagangirl?" •"He taken his pencil to fix up some Frank's purpose was, to learn notes .... and he sat down and whether Jim had seen the little girl, I sat down at the table and Mr. Frank who w^as then lying out there in the dictated the notes to me. Whatever it metal room, with a piece of that was, it didn't seem to suit him, and he cord around her neck. If the negro told me to turn over, and write again, had answered, "No, I didn't see any and I turned the paper and wrote girl," Frank would never have said again, and when I had done that, he another word to him about her. It was told me to tui-n over and write again, only after he found out that Jim had and I turned over and I wrote on the seen her go up, but not come down, next page, and he looked at that, and that he had to take Jim into his con- kinder liked it, and he said that was fidence one more time. all right. Then he reached over and has been said about the im- got another piece of paper, a green Much probability piece, and told me what to write. He of Frank making a con- fidante out of a negro of low character. took it and laid it in his desk." white If that doesn't make four notes. I Does an immoral man make a don't understand the language in the confidante out of a negro of high character? Will a respectable negro record : and if it means four, when act go-between, procurer, only two AA-ere found and introduced as or watch- out man, for a white hypocrite is into the case, it shows, at least, that who one thing to his Rabbi his Bnai the negro was not making up a tale to and Brith, and quite different thing to fit the known facts. a The negro said another thing that he the Cyprians of the town? could not have "made up," because he does not even yet realize the meaning Suppose I can shoAv you from the of it. The lawyers— made no allusions official record that Frank's lawyers to it. Jim said "When I heard him kiieic that the murder was committed whistle (the signal Frank had often on Frank's floor, back there where the used when he had lewd women with blood and hair were found, won't vou WATSON'S MAGAZINE. 269

be practically certain that they also This was the meaning of the ques- knew Frank to he guilty? tion. AVhat was the meaning of Come along with me, and see if I Frank's answer? don't prove it to you: If he said, "/ doyiH knou\'^^ the girl Leo Frank employed Harry Scott, would naturally suggest, or he woidd, a detective, to ferret out the criminal, that they go back there, to that metal and Scott went into the case with great room, and see. vigor. In fact, he soon showed alto- Can you escape this conclusion? If gether too much vigor to suit Frank, he didn't know whether the metal was and Herbert Haas. Herbert became there or not, the only way to tell for alarmed—why? And Herbert told certain, was to go and look. If he was Scott to first report to Am, Herbert, doubtful, the girl would want to go whatever he might discover, before and look to see if it was there, for the letting any one else know. Herbert girl wanted, to resume her work. Haas was chairman of the Frank Now, if that answer, "I don't know," Finance Committee, and he was one were allowed to stand, Rosser realized, of the lawyers for the defense. quick as lightning, that it led to the Scott did not like to be shut off from inevitahle conclusion that the girl went the police, and confined to a Herbert hack to the metal room, to see ahout it, Haas investigation, and so he remon- and u-as assaulted there! strated with the Chairman of the Fi- Consequently, Frank not only nance Committee. changed his answer of, "I don't know," But before Scott was fired, he had into a positive, "iVc>/" but Rosser went drawn from Frank two material state- at Scott, hammer and tongs, to badger ments. One was, his alleged continuous him into saying that he may have been presence in his office after Hattie Hall mistaken, and that Frank may have left; and the other was, his answer to said, "No," instead of, "I don't know." Mary Phagan, lohen she asked him if But the point is this: If Rosser had the metal had come. not felt certain that the blood and the Frank told Scctt that when Mary hair proves that Mary was killed on asked him whether the metal had come, Frank's floor, near Frank's closet, and he replied, "/ don't knoxoy At that at about the time Frank puts himself time, Frank was not aware of the fact at the closet, ivhat would Rosser have that Monteen Stover could prove that cared whether Mary went to the metal he was absent from his office when room, or not? Mary icas heing murdered. If Jim Conley killed Mary on the What did Mary's question about the first floor, or in the basement, it did metal prove? That her mind was on not at all matter whether she went to her work. She had lost nearly the the metal room, either with Frank, or whole week, because the supply of by herself. metal had run out. They were expect- The strenuous effort of Rosser to es- ing more. // it had come., she could cape from that answer of "I don't go hack to work in that metal room, know," proves what he knows. He next Monday. Therefore, when she knows very well that the girl was killed asked Frank, "/Za,s the m^etal comef on the second floor. Otherwise, you her thoughts were on her work and she cannot understand why Frank was was eager to know whether she could made to change his statement, and why return on Monday to resume it. "Has such herculean strength was used to the metal come?*' Equivalent to, '^Will get a change out of Harry Scott. there he any work far me next week? The difference between "No," and "I Must I lose another iceek, or can I come don't know," is a difference between hack Monday?''^ tweedledum and tweedledee, unless — — —•

270 WATSON'S MAGAZINE.

Mary icas murdered on Frank''s floor. and I went back into my office, and saw Rosser knew, just as you must now no more of her."' see^ that if Frank told the girl, '"I don't ^V]lere would have been the danger know," he mir/ht just as well have of his saying that? She was with him admitted that he and Mary went hack in the office: he admits that, after the there together^ where the hlood and evidence forces him to it : but why not hair were found. go a little farther, and admit that he That answer of, "I don't know," and she went to the metal room, before suggesting as it did, an inspection of she left his floor? the room, to see about the metal—is Ask Rosser to tell you the answer to the only plausible way to account for that question. Ask your own intelli- the girl's being back there, unless in- gence ! What danger, was to be deed the notes speak the truth about dreaded, in allowing Frank to say that her going to the closet. he and Mary went to the metal room, (See Harry Scott's evidence in even for one single minute? record.) If she was killed on the first floor— Rosser's desperate struggle to get no matter who did it—there was no away from the "I don't know." is danger in letting Frank admit that he wonderfully illuminating rt.s to what went to the metal room with her. was in I^o-sser's mind. If he had placed If she was killed in the basement the slightest reliance on the theory that no matter Avho did it—there was no the negro killed the girl, he would not danger in the admission that she and have cared a button whether Frank Frank went to the metal room. went with ^lary to see about the metal. But Rosser's desperate drive, to re- If Rosser had not been absolutely cer- move the very idea of her going to the tain that the girl was attacked and metal room with Frank, proves the im- killed, hack there, he would not have mense importance he attached to it. struggled so hard to keep her and He could not allow it, he dared not Frank away from there. If Rosser allow it! Mary and Frank must not had believed for a moment that Mary for an instant he allowed in the metal went on clown stairs, after she left room-, during that fatal half-hour! Frank, and was killed by the negro WHY NOT? down stairs, he wouldn't have wasted Is there any possible answer, but the a breath over that question of whether one? And that is Mary's tress of Frank said, "No," or said, "I don't golden-hrown hair is hanging out there know." in that room, on the crank of BarretVs If the girl was killed down stairs, machine; and Mary'^s life-hlood is out it would not have hurt Frank's case there, on that recently swept floor! in the least, if he had boldly admitted Rosser said in his heart, "I dare not that, after telling Mary, "I don't let Frank go there!'''' know," he had gone back there with her to see. It is to be presumed that "\Mien you test the theory that Conley he, as well as she. wanted the work to ^lone did the deed, you have no evi- go on: and therefore he, also, would dence to rest it on. Jim never bothered be interested in the matter, with a view those white girls, did not act like a to her return on Monday. negro who had committed the unpar- Suppose he had said, "Yes, Mary donable crime on a white woman, did came to my office, got her money, and not try to lay suspicion on anybody, we went back to the metal room to see and went about his work as usual, on if the expected metal had come; and, Monday and Tuesday. after that, she went on down stairs. There is absolutely no evidence WATSON'S MAGAZINE. 271

against the negro, upon which the says that Conley alone committed the State could have made the shadow of a crime; and every undisputed fact is case. against that hypothesis. "^Mien you test in your mind the Everything corroborates Conley, hypothesis that Frank and Jim loth when he says that Frank did it, and committed the crime, you make some that he himself became mixed up in it, slight headway, for Jim and Frank afterwards. shielded each other, until Frank was And if there is one feature of the jailed. But this is not enough to im- case more convincing than another it is, plicate both, in the actual cHme. It is that Frank was at least as careful to enough to prove a common guilty shield Conley from suspicion, AT knowledge of the crime, but it does not FIRST, as Conley was, to shield Frank. shut out the idea of Conley's being ac- Until Frank himself was arrested, cessory to the fact, after the deed was he tried to set the dogs on Lee and done. Gantt, BUT NEVER ONCE ON JIM It is only when you test in your mind CONLEY! the theory that Frank alorie committed At first, Frank and Conley hoth acted the crime, that all proved circumstances like a pair who held a guilty secret harmonize, and interlink to make the between themselves. chain. Ah, it is a heartrending case. Big Twelve white girls swore that Frank Money may muzzle most of the papers, had a lascivious .character; and they hire the best legal talent, and bring re- learned what he was, inside this very mote popular pressure to bear upon our factory. governor, but all the money in the One of his own witnesses, a white world cannot destroy the facts, nor girl, swore to his immoral conduct, answer the arguments based on those inside this vei^ factory. facts. Conley mentioned the names of the Let me refer to the negro's explana- white women and the white man who tion of how it happened—my reference came into this very factory, to engage* being confined strictly to facts where in vice with Frank, and one of these there is abundant corroboration. persons corroborated Conley on the Jim says he heard steps of two per- witness stand. sons going back to the metal room ; and White witnesses swore that Frank Frank himself, states that Mary in- had been after little Mary, ever since quired about whether the metal had March, inside this very factory. come, which would give her more work Frank laid a trap for Mary, by forc- next week. What more natural than ing her to come back inside this very that Frank, when the girl asked, "Has factory, when he might have sent her the metal come?" should say, '^Lefs go money by Helen Ferguson. hack there and seef'' Mary walks into the trap inside that Wliat more natural than that she factory, and it closes on her. should go? And what more in keep- God in Heaven! was guilt ever ing with Frank's proved character, and plainer, and more deliberately diaboli- his proved desire for this girl, than that cal? he should make indecent advances to And are we to be dictated to by mass- her, back there, where no one is in sight meetings in Chicago, and by circular or hearing? letters from New York and New Eng- Jim says Frank called him by their land, when this awful crime stares us agreed signal of stamping on the floor, in the face? and whistling, and that when he Nothing corroborates Frank when he went up, Frank, looking wild and — .

272 WATSON'S MAGAZINE. excited, told him, in substance, handle, and it ripped her scalp and tore that he had tried the girl, that out some of her hair. she had refused, that he had struck her, In no other way under the sun can and he guessed he had hit her too hard; that hair on the machine be explained. she had fallen, and in falling had hit Then the blood on the floor at the something; she was unconscious. dressing room, some 23 feet from where

Jim says he "went l)ack there where the girl fell : ivhose hlood? the girl lay, at the lathe, where her hair All the witnesses say it was not there was found in the liandle; and she was Friday when they quit work. Mell lying motionless with the cord around Stanford had swept the whole 2nd her neck. "The cloth was also tied floor, and tidied up, generally; and he around her neck, and part of it was swore positively the blood spots were under her head like to catch blood." not there Friday. Barrett swore they All the witnesses swore to the strip were not there Friday. But the blood of cloth; and the hair on the metal spots were there early Monday morn- handle of the lathe was as fully identi- ing, seen by numbers of the employees, fied as Mary's, as hair could be under and denied by none. Schiff, the assist- those circumstances. Frank's own wit- ant superintendent, admitted it, Quinn ness. Magnolia Kennedy testified that admitted it, the men saw it, the women the hair looked like Mary's; and Miss saw it, chips were cut out of the floor, Magnolia was herself the only other and the doctors saw it. girl there whose hair was at all like Whose loas it? the golden brown of Mary Phagan's. Not there Friday evening, right Frank's own machinist found the there Monday morning, whose was it? hair on the metal handle, and swore If not Mary's blood, produce your ex- positively it was not there when he planation ! If not Mary, somehody else quit using that very machine—handle hied there. Wio blea there, between and all Friday nighty before the Friday and Monday, if not Mary Pha- Saturday of the crime. gan? Mr. Barrett, the machinist, found the The question can not be answered, hair on the handle when he went back save in one waj'. You know quite well to the machine Monday morning. He that if money or skill, or hard work, was not at the factory Saturday. No could have accounted for those guilty one is shown to have been in that room stains on that floor, the man or the Saturday. How did that long., golden- woman who bled there would have heen hrown., woman?s hair get on that metal produced. crank, where Barrett found it? Conley says he dropped the girl on No girl or woman could be produced the floor, and that the blood spattered who pretended she was in the metal where those spots were found. Take room on Saturday. No girl or woman that explanation, or go without one, could be found who could explain about for I assure you the court record offers the hair. Why not? Half-a-dozen of no other. Frank in his own statement Frank's own employees, several of could only offer the explanation that them his own witnesses, swore to find- Duffy or Gilbert when injured in the ing the hair, soon Monday morning; metal room, months hefore.^ might have and they swore that it was not there bled there. Gilbert went on the stand Friday. and swore to his cut finger, but said Wiy couldn't it be accounted for? none of the blood had dropped any- The only answer is, Mary in falling, where near those spots. after Frank struck her and gave her The futile effort to account for the that bruise on the eye, hit the metal blood, only deepens the significance of —

WATSON'S MAGAZINE. 273

the fact that it was there, and adds basement that day. The light could not fearful weight to the evidence of R. P. turn itself down. It was not a case of Barrett and Stanford, it Mell that was gas burning dim and low, for it burned not there on Friday. brightly again when turned up. Jim says he and Frank carried the Somebody turned down the light body down, in the elevator, to the base- who? ment. He says they had wrapped her Over the telephone came the inquiry in a cloth — up which was taken off in the to Newt "How is everything?" That basement. said that He Frank made was an hour or so after Frank had left. him promise to return to the plant, that He had never done that before. He afternoon, to help him dispose of the does not even claim that he had. But body, but he did not go back. he explains it by saying he wanted to I have on purpose left out everything know whether Gantt had gone ! Wiat but the barest outline. Conley did go danger did he apprehend from Gantt? home and did not return, whereas Why was Gantt on Frank's nerves? Frank was back—we don't know ex- Newt swears that Frank did not actly when—and sent Newt Lee away mention Gantt, but simply asked. at 4, when Newt wanted to go in and "How is everything?" sleep. Was it not the jangling nerves and A white man, whose character is not haunting suspicions, whose question ussailed, swears that he wanted per- really meant, "Have you found any- mission to go into the factory at 6 thing? Have you seen the dead girl? o'clock, and that Frank not only first Is the murder out?'''' tried to dodge back out of sight into Minola McKnight's repudiated affi- the gloom of the building, but lied to davit is in this terrible record, and in him about the sweeping out of the those statements which she verified and shoes, and then sent a negro to watch swore to in the presence of Mr. George him. Gordon, her attorney, she tells of that Then the negro who was a trusted night of horror at Frank's home. night-watchman—and whom Frank You will probably suspect that if •detailed to watoh Gantt—swears that Newt Lee had not had occasion to go when he went down into the basement to the closet in the basement that night, at 7 o'clock in the course of his regular Mary Phagan's body never would have rounds of the big building, less than an been found, for the going to the closet hour after Frank had gone, the light took him close to the corpse, and he that had always been kept burning saw it! brightly there, hy Frank'^s own orders., Frank did not intend for the corpse had been turned down. "It was burn- to be found; and he meant to creep ing just as low as you could turn it, back into the basement next day, and like a lightning bug. / left it Saturday bury that girl in the dirt floor! onoming burning 'bright.'''' That door worked on a slide. It did turned W^o that light down? not open, as door shutters usually do. Who went into that basement, after It was locked and it was barred, Newt went off dnty early Saturday usually. On Saturday night, Newt morning? Who was there during looked that way, and it was closed. He Saturday? Whut was the motive., in did not notice the bar, or the staple. turning the light down and leaving it On Sunday morning, the door was sub- •so? The motive was, to prevent Newt jected to close examination. The wit- from seeing that corpse. nesses say the staple had been drawn, Not a single employee of the plant and the bar taken down. But the door :SMd that he or she had been in the was completely closed! 274 WATSON'S MAGAZINE.

Would a frightened, fleeing negro gro was sitting near the front door, up rapist and murderer, have pried out stairs on the 1st floor, at about 1 the staple, lifted off the bar, and then o''clock, when Mrs. J. A. T\Tiite passed carefully, frOTti the outside^ pushed the him and went out at the front door? door to, on the slide? What hindered the negro from walk- AVhy should Jim Conley break the ing out of the front door? The crime

basement door, when he could walk out, had been committed : the corpse was in

in front, on the first floor where he was the basement ; and there was Jim sitting sitting when Mrs. White saw him? between the upper stairway and the And why should any frightened and regular entrance door. fleeing negro, too scared to walk out of What need for him to squeeze the unlocked doors, break that door, through that scuttle hole, return to the and then carefully close it? basement, and break out the back way, To me, it looks like a careful plan in the alley? All he or Frank had to for somebody, to go in, without being do, to get out, was to do what Mrs. seen. To me, it looks as if somebody, White did—walk out. But if some- who had the run of the plant, came body wanted to come back around the down there, pried out the staple, and back Avay, and glide into the basement

lifted the bar, without opening the door unseen, then sj sliding door, left in such at all. The opening was to be from a manner that it could be pushed back, the outside, next day. froTn the outside, was necessary. Jim Conley could have unlocked that Another queer thing is, that Jim door easier than he could draw the said that they left the corpse on the staple. He could have lifted the bai floor in front of the elevator, but that and gone out, without violence, easier he flung the ribbon, hat and slippers than he could go out by a burglarious into the trash-heap near the furnace, breaking. where Frank wanted body and all It wasn't a question of going out: it burnt that afternoon. was a question of coming in! Now, when the body was found, it Do you say that Frank could have had been dragged from the elevator left the door unlocked, with the bar back to near the basement door, the merely lifted off? The answer to that ribbon, slippers and hat were at the is, had he done so, he would have had same place, and only two notes—a white to involve persons who had the keys! one and a yellow one—Avere lying near To unlock from the inside, there must the girl's head. Did Frank, who is a be an unlocker, on the insde. small man, drag that body away from XoAv, if Frank had unlocked the the elevator? Did he gather up all her -door, as Avell as removed the bar, the things and lay them by her? Did he crime would have come home, right select two of the notes, and destroy the

then, to one of the men who toted the other two ? Did the other two notes go keys. And a narrowing circle would with her mesh bag and pay-envelope? have brought that search right up to It is certainly a peculiar detail that him and Conley—for all the others Newt Lee, when an accident took him could easily account for themselves at to the toilet near the corpse, saw the the exact half-hour of the cnme. leg, first. In being dragged by the feet, Frank's defenders claim that Conley and on the side face, at least one of the broke open the basement door to get legs would be exposed. out. What will you think of their sincerity Nobody but Frank and Conley are and honesty, when I tell you page 21 entrapped by that providential clock- of the agreed record shows that the ne- work of the fatal half-hour. —

WATSON'S MAGAZINE. 275

Conley admits himself caught, and the defendant, unless he voluntarily consents. just was the horror of is being punished for it. So our ancestors against that system of But it catches Frank, also ; and where two criminals are involved in a crime torture to compel confessions' which into Europe, against a white girl, the white man is popery had introduced back to the more apt to be the leader, the that they swung the pendulum the jynncipal, especially in a case like this the other extreme, and screened whatever. where ten white women swore to prisoner from any question, Frank's lewd character, and three white It is an unwise thing to give to the witnesses swore that he had been after guilty an immunity from answering innocent man this very girl. fair questions, for no hurt by it. But leaving What is a demonstration of any could ever be can say and man's guilt, on circumstantial evidence ? all that out, a defendant — —"Ask me any fair ques- It is that degree of moral certainty often does say it." Such an which arises from the evident fact that, tion, and I will answer favorable under those circumstances, no one else offer always makes a most public could have committed the crime. impression. The jury and the the Given a murder, and a state of facts at once begin to feel confident of which excludes everybody except the innocence of an accused, when he shows accused, and the accused is the guilty confidence in it himself. man, necessarily. Here was a college graduate, an in- superior man, environed by When it is admitted that somebody tellectually committed a crime, and the testimony a terrible array of suspicious circum- shows that nobody hut the Defendant stances, with the whole republic look- trial, with mother and could have done it, human Reason is ing on at his a the He- satisfied, and so is ;.he Law. father intensely agitated, and Let your mind rest upon one other brews of the Union, profoundly con- very significant fact. cerned. The ignorant negro who is accused What a magnificent opportunity for before the of the crime, stood, a terrific cross- an innocent man to rise examination, lasting eight hours. The court and country, panoplied in the say strongest criminal lawyer of the At- armor of conscious rectitude, and lanta bar wore himself out on Jim to the State of Georgia There Conley, without damaging Jim's evi- "I have nothing to conceal. soul. The dence in the least. are no guilty secrets in my book of On the contrary, the educated white more carefully you open my clearly will my innocence man who is accused of the crime made life, the more to your a statement covering 45 large pages of be seen. If I have not spoken full account closely printed matter, and refused to satisfaction, and given a ask about it! Put your offer to answer one single question! of myself, me His defenders paint him as a man questions. I am not afraid. No answer guilt that does of intellectual gifts of which any com- of mine can uncover a munity should be proud, as a man of not exist. Therefore I do not fear your spotless morals, as a man who is un- questions: ask them!" the attitude justly accused, foully convicted, and Wouldn't that have been for eager for vindication. and the feeling of Nathan Strauss, place ? Why, then, did he shrink from a instance, had he been iu i^'rank's cross-examination? Why did he fear an ordeal through which the illiterate What, then, is the net result of all negro triumphantly passed? this evidence, direct and circumstantial ? In its tenderness to the accused, our It is this: hypocrite, law will not permit an examination of Leo Frank was a lecherous —

276 WATSON'S MAGAZINE.

a moral pervert; a model, to Rabbi could enlist. Against Frank's dozens Marx, but a rake—and something more of lawyers, detectives, press-agents, &c.,

•—to women who would allow it: the State of Georgia has arrayed no- He wanted this little girl, and the body, save her regular officers of the opportunity came on Saturday, April Law. 2Gth, 1913: In the Knapp case, Mr. Webster in- She goes into his possession^ and is dignantly answered the friends of the found in his possession—but when she defendant, who claimed that a popular goes in, she is alive and well, and when clamor had been excited against the found, she is cold and stiff, with the accused. He turned upon these too- dried blood matted in her golden hair, zealous champions of the prisoner and and a tightly tied cord cutting into her exclaimed soft neck. "Much has been said, on tliis occa- Alive and dead, she is that day in sion, of the excitement which has ex- Fmalc's possession, and he cannot trace isted, and still exists, and of the extra-

her out of it ! To say that the negro ordinary methods taken to discover and shared that possession with him, may punish the guilty. No doubt there has be true, but it does not help Frank. been, and is, much excitiment, and At most, that gives him an accom- strange indeed were it, had it been plice, and the negro is even now being otherwise. Should not all the peacea- punished for that! ble and well-disposed naturally feel Mary goes into Frank's house alive: concerned, and naturally exert them- she is soon afterwards found there, selves to bring to punishment the au- dead, cold and stiff: no mortals had the thors of this secret assassination ? Was opportunity to assault and kill her, it a thing to be slept upon or forgotten ? save Frank and Conley. Did you, gentlemen, sleep quite as Say that the negro did the deed with- quietly in your beds after this murder out the white man, and you cannot as before? Was it not a case for re- travel at all : no evidence whatever sup- wards, for meetings, for committees, ports the theory. for the united efforts of all the good, Say that the white man did it, and to find out a band of murderous con- then called for the negro's help in spirators, of midnight ruffians, and to getting rid of the body—and all the bring them to the bar of justice and evidence harmonizes, facts link into law? If this be excitement, is it an facts, to make the iron chain of convic- unnatural or an improper excitement?" tion. "It is said that even a vigilance com-

mittee was appointed. . . . They are said to have been laboring for On the great Knapp case, the fame months against the prisoner. of Daniel Webster, as a criminal law- Gentlemen, what must we do in such yer, mainly rests; and in that case of a case? Are people to be dumb and circumstantial evidence the verdict of still, through fear of overdoing? Is it "Guilty" had no stronger support than come to this, that an effort cannot be was given to the verdict against Frank. made, a hand cannot be lifted, to dis- In the Knapp case, the prosecution cover the guilty, without its being said, aided the State of Massachusetts by there is a combination to overwhelm employing the greatest lawyer and innocence ? forensic orator the American bar could Has the community lost all moral boast. In the Frank case, the youn^ sense? Certainly a community that Solicitor stood alone, and fought the would not be roused to action, upon an strongest team of attorneys that money occasion such as this was, a community —

WATSON'S MAGAZINE. 277

svliich should not deny sleep to their and only true main object. It forfeits eyes, and slumber to their eye-lids, till the life of the murderer, that other they had exhausted all the means of murders may not be committed. When discovery and detection, must, indeed, the guilty, therefore, are not punished, be lost to all moral sense, and would the law has, so far, failed of its pur- scarcely deserve protection from the pose: the safety of the innocent is, so laws." far. endangered. Every unpunished Thus thundered Daniel Webster, re- murder takes away something from the buking those men of New England who security of every man's life." blamed the people of Massachusetts for In pressing the case on Leo Frank, being aroused over the murder of an the State of Georgia has been free from old man. any hostility toward a Jew: the Stat«

Great God ! What would Webster has sternly prosecuted him because he have said to those New York preachers, is a murderer.

ANOTHER VIEW OF THE LITTLE VICTIM and those Northern papers, who are so In pressing the case against Leo fiercely misrepresenting and denounc- Frank, we have felt none of the fury ing the people of Georgia, for being of prejudice and race hatred: we aroused over the murder of a little have demanded his punishment as a girl? protection to other innocent Mary Pha- Nobly expounding the purpose of gans, as well as a vindication of the the penal law, Mr. Webster said law, to strike terror into other Leo "The criminal law is not founded on Franks. a principle of vengeance. The hu- We respectfully ask the other States manity of the law regrets every pain of the Union to usurp no further juris- it causes, every hour of restraint it diction over us than a high court of re- imjooses, and more deeply still, every view would have—and that would be life it forfeits. But il uses evil as to to examine the official record, as agreed means of preventing greater evil. It upon by the attorneys on both sides, seeks to deter from crime, by the ex- a.nd judge us hy that record. ample of punishment. This is its true. If the sworn testimony supports the !

278 WATSON'S MAGAZINE.

verdict of the 'jury, quit abusing us. frontery, in his place of business; and If that sworn testimony not only sus- when one Gentile girl whom he lusted tains the evidence, but rendered any after persisted in repulsing him, he other verdict humanly impossible, quit laid in wait for her, assaulted her, talking about tlie semi-barbarians of killed her, leaving her blood and her Georgia, accusing them of Jew baiting, corpse m his place of business. mob methods and jungle fury. O my lords and gentlemen, what Unless Frank is entitled to immu- must we do to be saved from such men nity because he is a Jew, let the light- as these? Every race has them. Every nings of Sinai strike him State has them. Every nation has A married man, he was false to his them. young and buxom wife. A member of the Synagogue, he was false to the Please God, I have written an argu- •creed of his church. An educated He- ment that will vindicate our State, brew of splendid connections, he was justify her courts, defy refutation, Ifalse to the higher standards of his and stand unshaken to the end of time. race. A citizen of Georgia, he was That my work has been done volun- false to lier Society, a canker and a tarily and without reward, or the re- pest. Subject to her laws, he broke motest hope thereof, w'ill not lessen its them repeatedly, witli shamieless ef- merit.

For Good of the Service

Ralph M. Thomson

Discharged for the good of the service, Condemned as a clog to the cause; Cashiered for incompetent labor, Chastised, and to public applause; As if we were gullible Children, As if we were fools gone awry, To munch on the fatuous figment, To gulp down the insolent lie!

Impaled at the sniff of a puppet, Subdued by an arrogant screech; Hamstrung at the beck of a beadle, Dampooned by the lips of a leech; Regarding the ballot as holy, Resenting the club of the clan. The curse was in scorning to grovel. The crime was in being a man!

Oh, what of the vaunted traditions. And what of the squeamish who prate; And what of the fables of Justice, And what of the hope of the State, When men who have proven their fitness. When men who have braved every brink. May fall at the hawk of a heeler. For daring to vote as they think! :

Free Press

Harry Weinberger, Member New YorK Bar

was again people are naturally pugna- of October, 1914, Simpson SOME arrested and again convicted for dis- cious; some are pugnacious only and upon the when opposing an infringement tributing to people in of New York City "an advertis- on their rights. Samuel W. Simpson streets ing circular" entitled the "Cause of is such a man. which included an advertise- Section 408, Subdivision 5 of the War," meetings ana lectures ot Ordinances of the Corporation of the ment of the the Manhattan Single Tax Club of City of New York, reads as follows York City. No petition was at- "No person shall throw, cast or dis- New tached to this circular. tribute in or upon any of the streets, appeal was taken to the Court avenues or public places or in front An General Sessions, and Hon. Joseph yards or stoops, any hand bills, circu- of L. Mulqueen, Judge of that Court, re- lars, cards or other advertising matter the conviction and dismissed whatsoever." versed that ^Hhe distribu- Samuel W. Simpson distributed on complaint, holding tion to people of advertising circulars^'' the streets of New York City a circular is not a violation of law. entitled "Tenant's Week," which was a infringement of free speech and circular in reference to land monopoly The the free press comes often in various shapes in New York City, and pointing disguises, and must always be benefits of untaxing buildings and in- and fought. What "free press" really dustry, and attached to the circular the lay thfe means is not often clear to was a petition to the Governor and mind, and the fact that Simpson was State Legislature. Simpson was ar- twice convicted shows that even some rested and on the 16th day of August, legal minds have not grasped its true 1914, was convicted in the Magistrates' meaning. The arguments in the two Court of violating Section 408. Simpson's were based on the On an appeal from the conviction. cases of question of "free press." Judge Rosalsky of the Court of Gen- broad The distribution of opinions hostile eral Sessions, of the County of New present government, or vested York, decided that: to the or any church, or powerful •"The distribution on the public high- interests, individuals, always arouses a strong way of a petition to be signed by citi- inclination to suppress by those at- zens and addressed to the Governor of tacked, and sometimes where the re- and to members of the Legislature sistance is lacking or weak, "free press" this State favoring a local referendum suppressed. vote on the question, namely, whether is The argument made before the Ap- or not the tax rate should be reduced Court can be used in every fu- on buildings in New York City to one pellate fight and makes clear what "free per cent of the tax rate on land, etc., ture press" actually means. does not come within the purview of the The argument before the Court was Subdivision 5, of Section 408 of Simpson's circulars, even that Ordinances of the Corporation of the that called by the Court an advertising cir- City of New York. ... and as no had as much right to be handed successful prosecution can be main- cular, the people on the streets of New tained, the complaint is dismissed." to the "New York Times" Promptly thereafter, on the 18th day York City as : :

280 WATSON'S MAGAZINE.

or the ''Evening Journal," which con- w rite and publish his sentiments on all tain advertisements of department subjects, being responsible for the store sales, beer, furniture, etc., and a abuse of that right. No law shall be statement of where it is published and passed to restrain or abridge liberty of where it can be purchased, and no speech or of the press." magistrate would even dream of fining All State Constitutions have practi- anyone for "distributing"' those news- cally the same kind of a clause. papers, yet a newspaper is only an ad- Thomas Jefferson said that vertising circular with a news attach- "If given to choose only one, a free ment. government or a free press, I would An examination of the historical choose the latter. Wherever there is a background of ''free press" and "free free press the government cannot long speech," is necessar}^ for a proper de- l>e unjust." (Jefferson ciicf not mean termination of what "free press" in the newspaper only.) Constitution means. The great crime is repression of hon- Pamphlets (i. e. circulars and hand- est thought, and James Russell Ix)well bills) have been the weapons of all well expressed the intentions of the thinkers in the struggles of the past makers of the Constitution, when he for liberty, and were in circulation long said before the age of printing and news- "We will s]ieak out. we will be heard, papers. Sam Adams issued dozens of Though all earth's systems crack; pamphlets before the American revo- We will not bate a single word, lution. The speech of Patrick Henry Nor take a letter back." about "Give me liberty, or give me This much is certain,—any honest death;" was issued in pamphlet form Ix^lief, the expression of which a |ierson and reached one-half million people. thinks necessary to the public interest, Thomas Jefferson issued pamphlets. should be given to the public. The greatest pamphlets ever issued in If the right of free speech and free America were Thomas Paine's "Com- press is guaranteed in the Constitution, mon Sense," and "The Crisis." The how can opinions be expressed except original pamphlets of "The Crisis," be- by means of books, magazines, news- ginning with the words : "These are the papers, circulars and handbills sent b^ times that try men's souls," was the mail, or handed to people, and how can explosive that turned the tide toward the public know of meetings (free victor}^ in the Revolution. Every sol- speech) to be held except by the same dier in the Continental Army was means and by the word of mouth, and given one of these pamphlets and they how othenvise can they be invited to were read at the head of each regiment. attend the meetings? Some of these men helped write the Cicero in his treatise De Republica, United States Constitution with its Lib. 1. Sec. 32. insisted that: guarantee of the right of free press and "Equality of rights was the basis of

free speech. a common-wealth ; for since property The word "press," is defined in Funk could not be equal, and talents were & Wagnall's Standard Dictionary as: not equal, rights ought to be held equal "The newspapers or periodical liter- among all the citizens of the State, ture of a country, district or town which was, in itself, nothing but a com- taken collectively; also printed litera- munity of rights.'' tvre in the ahstracty Who will contend that newspapers Sec. 8 of the N. Y. State Constitu- are a privileged class and only entitled Mon, is as follows: to the use of the streets and avenues of "Every citizen may freeh' speak, a city? WATSON'S MAGAZINE. 281

Blackstone in his Commentaries^ at thorities might, nevertheless, punish p. 638, said: him for harmless publications.^^ "Every freeman has an undoubted Before our present-day newspapers, right to lay what sentiments he be- the moulders of public opinion, were lieves before the public; to forbid this pamphleteers: Addison, Steele, Burke, is to destroy the freedom of the press." Milton, Adams, Jefferson, Hamilton, (Blackstone was not talking of news- Paine, etc. If all newspapers should I^apers.) be closed to certain propaganda, or the Story on the Constitution, says at p. speeches of certain candidates for pub-

625, (5th Ed.) : lic offices, cannot we safely in New "Every man shall be at liberty to York City go back to pamphlets, (i. e., publish what is true, with good mo- handbills, circulars,) as of old? tives and justifiable ends. And with Pamphlets, if given to people on th« this reasonable limitation, it is cer- streets, might be thrown into the street

tainly right in itself, but it is an in- and litter the same ; we know that news- estimable privilege in a free govern- papers do litter the streets. But what ment. ... A little attention to is the danger of the streets being lit- the history of other countries and other tered in comparison to the awakening

ages will teach us the vast importance of public opinion ! Burke said he of this right." would rather be awakened by the fire In Respuhlica v. Oswald, I Dall. alarm, than be burnt by the fire. (Pa.) 319, ihQ Court said: We are a government of and by dis- "The true liberty of the press is cussion. amply secured by permitting every In Ex-party Neill, 32 Tex. Crim. man to publish his opinions." Rep. 275, the Court said: Cooley''s Constitutional Limitations, "A city ordinance declaring a news- p. 596, states: paper called 'The Sunday Sun' to be a "The first amendment to the Consti- public nuisance and prohibiting its cir- tution of the United States provides, culation within the city, is a violation

among other things, that Congress of the Bill of Rights. . . . We are shall make no law abridging freedom not informed of any authority which of speech or of the press. The privi- sustains the doctrine that a municipal lege which is thus protected against corporation is invested with the power unfriendly legislation by Congress is to declare the sale of newspapers a almost universally regarded not only nuisance. The power to suppress one as highly important, but as being es- implies the power to suppress all, sential to the very existence and per- whether such publications are political, petuity of free government secular, religious, decent, indecent, ob- And is supposed to form a shield of scene or otherwise. The doctrine of protection to the free expression of the Constitution must prevail in this

opinion in every part of our land. . . State, which clothes with liberty to

, . . The liberty of the jrress might speak, write or publish his opinion he rendered a mockery and a delusion upon any and all subjects, subjects

and the phrase itself a by-word, if, alone to the responsibility for the abuse while every man was at liberty to pub- of such privilege." lish what he believes, the pniblic au- Vigilance is still the price of liberty. '^ ! —

Editorial Notes and Clippings

FEW days ago, I was in corre- slandered in reference to their secret A spondence with William Black, of oath, and that the oath they took was, Belaire, Ohio. He was lecturer "/ swear to svpport the Constitution and organizer for the Knights of Lu- of the United States?'' ther. He is dead. The type was hardly dry on those ly- Four Knights of Columbus of Mar- ing pamphlets put out by William J. shall, Texas, went to Black's room at McGinley, James Flaherty and P. H. the hotel, and demanded that he call Callahan, before the Knights of Colum- off his proposed lecture on "Convent bus murdered a citizen in his own room,, Life," and leave town. He answered, Ijecause he insisted upon his Constitu- that this is a free country, and that he tional rights would not call oflF the lecture, and leave The entire sanctimonious oath which town. this murderous secret society gave to- For no other provocation than his the public, after three years of refusal refusal to surrender the rights guaran- to show any oath and of denial that teed him by the Constitution of the they took an oath^ reads— United States, those members of one of the Italian Pope's secret organizations, "I swear to support the Constitution of' the United States." immediately fell vpon him:, and killed him. "I pledge myself, as a Catholic citizen and Knight of Columbus, to enlighten my- that they were casual Supposing self fully upon my duties as a citizen and callers on a civil visit, William Black to conscientiously perform such duties en- had invited these assassins into his tirely in the interest of my country and room, and had seated himself for a regardless of all personal consequences. I pledge myself to do all in my power to. l)eaceable conversation. These assassins preserve the integrity and purity of the off his thus threw him completely ballot, and to promote reverence and re- guard, before they made their murder- spect for law and order. I promise to ous attack. He never had a chance to practice my religion and consistently but use a weapon. He got two bullets without ostentation, and to so conduct myself in public affairs, and in the exercise through his heart and died in his room of public virtue as to reflect nothing but in the arms of his adopted daughter, credit upon our Holy Church, to the end who had tried to shield him and who that she may flourish and our country had begged for his life. prosper to the greater honor and glory of A more dastardly crime was never God." (Supreme Council Seal.) committed in Texas. William Black "A true copy. was as truly a martyr to free speech, as Attest Ferrer was to modern schools, and Wil- (Signed) WM. J. McGINLEY, liam Tyndale was to free Bibles. Supreme Secretary." The Koman church which murdered William Tyndale, long, long ago, is the This was the fake oath they fixed up> same in spirit now that it was when it to gull the public with, and they intro- murdered "heretics"' for worshpping duced it in one of the sham cases they God according to the dictates of their have had in court. own consciences. Their own conduct, WRITTEN IN BLOOD, proves what a subterfuge it How long has it been since these was. Knights of Columbus were vowing to Why should the foreign Pope want high heaven that thev had been vilely another secret organization for thcr WATSON'S MAGAZINE. 283 mere purpose of supporting the Con- are asked to submit them without delay to Mr. Callahan, Chairman of the Committee. stitution ? "NATiy should anybody want a secret This Commission on Religious society for that purpose alone? Prejudices is a cover for the establish- Protestant churches have been ment of another Spanish Inquisition. mobbed, Protestant preachers brutally These Americans who take oaths of assaulted, riotous crowds of Komanists allegiance to a foreign potentate, and have invaded Protestant meetings, thereby forfeit all rights as citizens Protestant writers and speakers have of this country, are not content with being been arrested and flung in jail for tell- allowed to vote, hold office and serve on ing the truth on popery; and yet these juries, but they arrogate to themselves Knights of Columbus prate about the authority to create a private cen- "bigotry" and "prejudice." sorship of the press and a private des- They propose an organized fight on potism over public expression. Protestants, with a $50,000 fund to Their object is as truly Inquisitorial, finance it. They word it in their usual as was ever that of Torquemada, and sanctimonious style, as follows: of the medieval popes who gave papal At the annual meeting of the Supreme sanction to the atrocities of the Inquisi- Council of the Knights of Columbus held tion in Spain, in Italy, in Portugal and at St. Paul, Minn., August 4, 5, 6 last the in France. resolution was adopted: following This Roman Catholic Commission on Resolved, That the Board of Directors Religious Prejudices means to do pre- be authorized to expend a sum not exceed- ing Fifty Thousand Dollars to study the cisely what was done by the "Holy causes, investigate conditions, and suggest Ofiice" of old. It means to use the prejudice that remedies for the religious name of God and of religion to in- has been manifest through the press and augurate a reign of persecution and rostrum in a malicious and scurrilous cam- terror. It to use paign that is hostile to the spirit of Ameri- means the boycott, can freedom and liberty and contrary to commercially and politically: it means God's Law of "Love Thy Neighbor as Thy- to harrass Protestant publishers with self," and that the Supreme Knight shall prosecutions in the federal courts; it be authorized to appoint a Commission to means to manipulate Congress and the be known as the Commission on Religious prejudices, consisting of five members of Post Office Department into a dicta- the Order to conduct such investigation torial censorship of the mails. under the direction of the Board of Di- This Roman Catholic Commission, rectors and to ascertain exactly who are controlled by foreign priests who live the persons behind these movements and who are financing them, and who will learn in Rome, is the first formal beginning what the authorities at Washington can of the setting up of a foreign institu- and will do toward eliminating the most tion in our Republic. disturbing menace to the peace and pros- The Protestant bodies and all non- perity of our land. The Supreme Knight has appointed on Catholics must prepare for action. the Committee a sabove authorized: There is no time to lose. We have Chairman, Col. P. H. Callahan of Louis- already lost too much. Our churches, of Los Angeles, Tille, Ky., Joseph Scott and the Masons, and the patriotic or- Cal., Thomas A. Lawler of Lansing, Mich., ganizations mitst cut out the dry rot, A. G. Bagley of Vancouver, B. C, Joseph alive. C. Pelletier of Boston, Mass. and become The Committee will submit its plan to We must get ready to fight the Devil States at the Archbishops of the United with fire! their meeting in Washington, D. C, on November 17, and to the Archbishops of connection with this Calla- Canada by mail. In close Those having any helpful suggestions han-McGinley-Flaherty campaign is 284 WATSON'S MAGAZINE.

the movement of Gallivan and Fitz- two of the pope's subjects get them- gerald in Congress, to throw out of the selves elected to Congress as Democrats, mails, everything that "reflects" upon take the solemn oath required by law to the system of the foreign potentate who support the Constitution, and then in- is straining every nerve to gain political troduce bills to nullify an essential part control of America. of that Constitution, they are acting Loudly vowing that their oath binds like per}y red traitors. them to support the Constitution, they Fitzgerald and Gallivan ought to be are not only using brute force to sup- expelled from Congress. press free speech, but using two trai- torous Congressmen in the effort to stab That a concerted movement is on the very Constitution those Congress- foot to "make America Catholic," has men swore to support. long been known. Since Woodrow To exclude from the mails everything "Wilson's election, it has grained immense

DO THE PAPISTS MAKE GRAVEN IMAGES AND BOW DOWN TO THEM? LOOK AT THE INSIDE OF THIS CATHOLIC CHURCH. that "reflects" upon popery, would deny headway. Few can doubt that he and the entire mass of Protestant literature his managers had made a secret bargain any right to use the mails of this Pro- with the pope's American subjects. testant Republic. Few have b< en blind to the manner in I call it a Protestant Republic, be- which Cardinal Gibbons and Tumulty cause it is based upon strictly Protest- and O'Hearn have manipulated matters ant principles. in Washington. Inasmuch as the Dem- Popery's fundamental law denies to ocrats are in power, all of this popish the people the right to govern them- aggression is under the Democratic selves, the right to exercise liberty of name. Were a Republican in power, as conscience, the right to unlicensed the result of another secret bargain printing and the right of free speech. with the pope, it would be different. Our Republic's fundamental law is All of the encroachments would then just the reverse of popery; and when be made under the Republcan name. WATSON'S MAGAZINE. 285

Art. VI., Sec. 3, of the U. S. Constitu- The fact that the non-Catholics of tion reads: America never bothered the Catholics, "The Senators and Representatives be- so fore mentioned, and the members of the long as they confined themselves to several States Legislatures, and all execu- their so-called "religion" as a form of tive and judicial offices, both of the United worship, is a historic fact that cannot States and of the several States, shall be be denied. bound by oath or affirmation to support It was only after this Constitution; but no religious test the heads of the shall ever be required as a qualification to hierarchy of Rome began to persecute, any office or public trust under the United boycott, secretly arm, make political States." deals with candidates, discharge non- Art. XIV., Sec. 3, Rebellion against the Catholics from office, and wage war on United States: free "No person shall be a Senator or* Rep- speech and free press—it was only resentative in Congress, or elector of then that the non-Catholics saw that President and Vice President, or holding their indifference and acquiescence had any office, civil or military, under the been imposed upon by these insolent United States, or under any State, who, hierarchs, and that they having previously taken an oath, as a must be fought, member of Congress, or as an officer of "even unto the shedding of the United States, or as a member of any blood." State Legislature, or as an executive or judicial officer of any State, to support In order that you may see for your- the Constitution of the United States, shall self the nature the have engaged in insurrection or rebellion of insidious attempt against the same, or given aid and com- the Itaian pope is making to drive a fort to the enemies thereof. But Congress stiletto into the Constitution of the may, by a vote of two-thirds of each House, United States, the Gallivan bill is here remove such disability." presented. Has not Congressman Fitzgerald violated The names of his oath of office? If so, why has he not the members of the been removed? Post Office Committee are given, so that you can write to these gentlemen The above citations and questions are and tell them what you think of the sent by a citizen of Greater New me pope's Gallivan, and his infamous bill.. York, practically one of Fitzgerald's own constituents. 63d CONGRESS, 3d Session. H. R. 20780.

There is no such thing as religious IN THE HOUSE OF REPRESENTATIVES.. intolerance among non- Catholics. No January 11, 1915. book written b}^ anybody except a Mr. Gallivan introduced the following bilU Catholic, ever advocated the murder of which was referred to the Commit- people who differed from the author on tee on the Post Office and Post religion. There isn't a church in ex- Roads and ordered to be printed. i.sk^nce that would stand for vhe intoler- ant-, malignant, and sanguii.ary dogmas A BILL of "Saint" Thomas Aquinas, the To amend the postal laws. favorite theologian of the Italian Be it enacted by the Senate and House papacy. of Representatives of the United States of America in Congress assembled, That There isn't a church on earth ex- — whenever it shall be established to the cepting the Catholic—which would satisfaction of the Postmaster General sanction theological books whose lan- that any person is engaged in the business, of publishing any scandalous, guage is so nasty that, even when it is scurrilous, indecent, or immoral books, pamphlets, jnihlished in Latin, the courts will not pictures, prints, engravings, lithographs, permit the copying of it in an indict- photographs, or other publications which ment. are, or are represented to be, a reflection. :

286 WATSON'S MAGAZINE.

on any form of religious worship practiced which was an appeal from a judgment sus- or held sacred by any citizens of the United taining a demurrer to a declaration, it States, it is hereby declared that the Post- appeared that the plaintiff sought to hold master General shall make the necessary the defendant liable for damages on the rules and regulations to exclude such mat- ground that he appointed as his agent to ter from the mails. take charge of a parish of the Roman Catholic Church in Milford, to care for the Members of The House Committee on the property of the defendant in that parish Post Office and Post Roads. and to perform the pastoral and religious John A. Moon, of Tennessee; David E. duties of a priest therein, one Petrarca, a Finley, of South Carolina; Thomas M. Bell, man who, it was averred, was "of low of Georgia; William E. Cox, of Indiana; moral character," "of vicious and degener- Frank E. Wilson, of New York; William ate tendencies and gross sexual proclivi- ties.'.' averred defendant E. Tuttle, Jr., of New Jersey; Arthur B, She that the Rouse, of Kentucky; Robert H. Fowler, of made this appointment with full knowl- Illinois; Fred L. Blackmon, of Alabama; edge of the bad character and evil ten- Alfred G. Allen, of Ohio; Thomas L. dencies of Petrarca, and knew or in the Reilly, of Connecticut; Edward E. Holland, exercise of reasonable care ought to have of Virginia; Samuel W. Beakes, of Michi< known that the appointment of such a gan; John P. Buchanan, of Texas; Samuel man to such a position was dangerous and W. Smith, of Michigan; Halvor Steenerson, likely to result in attempts of said Pet- the of Minnesota; Martin B. Madden, of Illi- rarca "to debauch and carnally know nois; William H. Stafford, of Wisconsin; female members of said parish, and that William W. Griest, of Pennsylvania; Am- by reason of such confidential relations brose Kennedy, of Rhode Island; Ira C. between such agent and priest and such the parish attempts would Copley, of Illinois; J. Kuhio Kalanianaole, members of such of Honolulu. be successful." She averred that while she was a member of the parish, "not quite eighteen years of age, innocent and con- Has Cardinal O'Connell taken any fiding," and while she was engaged alone action against his Bishop Beaven, who "in the act of a religious service in the knowingly appointed a wolf named Church of the Sacred Heart parish, said church being the property of the defend- Petrarca to be the shepherd of the ant," Petrarca, being the agent of the de- Cathoic women in Milford, Massachu- fendant and "occupying the position of setts? the defendant's moral and religious in- Is Petrarca still roaming freely structor to the people of said parish, and among the Catholic women, ready to sustaining said confidential relations with the members thereof," dragged her from have another William Back murdered the altar to the vestry of said church, as- in cold blood, if another William Black saulted and overcame and debauched her, discusses the inevitable immoralities of in consequence whereof she afterwards the papal system ? gave birth to a child. And she averred that all her injuries and sufferings re- Is bishop Beaven still protecting Pe- sulted from and were caused by the de- trarca Avho raped the Catholic woman fendant's negligent appointment of said in the Catholic church, and is the bishop Petrarca as his agent and priest in said also ready to encourage the assassina- parish. On a consideration of this declara- tion of another William Black, if an- tion the Supreme Court affirmed the judg- ment of the court below on the ground other exposes the innate rottenness of that the declaration did not state a cause the which does not allow robust system of action. Judge Sheldon wrote the opin- priests to marry, but which gives them ion of the court which was in part as fol- the custody of buxom women? lows: "The gravamen of the plaintiff's negligently From Law Notes, for January 1915, charge is that the defendant put or retained in the position of a parish the following comments upon the hor- priest one whom he knew or in the exercise rible Massachusetts case are taken of proper care ought to have known to be

\ a man of bad character and of gross sexual Civil Liability of Catholic Bishop for proclivities, who he knew or ought to have Rape Committed by Parish Priest.—In known would be likely to attempt success- Carini v. Beaven, (Mass.) 106 N. E. 589, fully to debauch the female members of WATSON'S MAGAZINE. 287

the parish, and that t^is man committed act of the alleged agent was itself the effi- upon the plaintiff what must upon the cient cause of the plaintiff's injury, . . . language of her declaration be taken to Upon the plaintiff's averments the defend- have been a rape. In other words, her ant had no reason to apprehend that Pet- claim is that the defendant appointed an rarca would do more than to seek to se- unfit man; that this appointment was apt duce the women of his parish into acts to give and did give to the appointee, by of adultery or fornication; and flagitious means of these opportunities, committed a as such acts would be, they could afford rape upon the plaintiff. It would be diffi- no ground of action to a woman who, cult for the plaintiff in any event to main- under whatever stress of temptation, had tain such an action. Upon elementary shared in their commission,"

CARDINAL BILL O'CONNELL, PRANCING OUT OF A BOSTON CATHOLIC CHURCH BENEATH AN ARCH OF KNIGHTS OF COLUMBUS SWORDS. principles she could not do so without prov- The American press was very coy as ing that the negligence of the defendant to publishing the facts concerning the in appointing or retaining an unfit man was the direct and proximate cause of the hand played by the Italian pope in the injury to her. But according to her alle- A B. C. mediation at Niagara. As gations the injury to her was done by every one now knows, that mediation Petrarca entirely outside the scope of his was an effort to bolster Hiierta with alleged agency or of his duties; it was a the influence of the Eoman Catholic crime committed of his own free will, the result of his own volition, for which no one heads of the Pan-American Union. but himself was responsible. The criminal The mediation failed, because the pa- —

288 WATSON'S MAGAZINE.

triot leaders—Carranza and Villa at peace with the world—a peace which were not fools enough to walk into a he had often endangered by his despotic trap that was so clumsily concealed. and belligerent disposition. But the illegal Pan-American Union His 5Gth birthday found him at war into which our Republic was inveigled with the world—a war which a word a few years ago, has not by any means from him to Austria would have pre- been discouraged by the failure of its vented. first attempt to bring the Italian papa Instead of speaking the word that into our political affairs. would have kept Austria from threaten- The following news item is signifi- ing the existence of Servia, the Kaiser cant: signalled Austria to "full steam ahead," and in the meantime ordered the other 3. Glornale d'ltalia Rome, Feb. —The nations to "hands off," while Austria publishes today a report that Pope Ben- ravaged and subjugated Servia. edict will participate, through a represen- tative, in the conferences of the Pan- Therefore, this German autocrat is American Union, held at "Washington to directly responsibe for the war which define the relations of North and South has cost two million lives, darkened belligerent na- American countries to the countless homes, caused incalculable de- tions in respect of questions arising from struction, piled up national debts which the war. The newspaper says, furthermore, that will be national curses for ages to come, it is the desire of the Pope to assist in and which thi-eatens to engulf every any movement designed to diminish suf- neutral, including our own Republic. war or to shorten the fering from the Upon what theory of approval and period of hostilities. fielicitation did President Woodrow

Secretary Bryan, who is the presiding Wilson act, in sending the German officer of the Pan-American Union, said autocrat a slop-over telegram of con- of no invitation to the last night he knew gratulation ? Vatican to participate in the conferences here between the American republics on living in China ex- the subject of neutral rights. It was pre- Two Germans sumed generally, however, that the report cited ill-will, and they were murdered. had reference to the invitation sent to all It seems to me that I remember that neutral governments by Venezuela, sug- something similar has happened to gesting a conference in Washington of all Chinamen, living in foreign countries. neutral nations after the Pan-American Union had agreed on a program for dis- At any rate, there was nothing so very cussion. extraordinary in a couple of obnoxious It is supposed that Venezuela addressed foreigners being killed by natives. the Vatican as well as its circular note to There was Captain Cook, for in- neutral governments. The proposal itself stance, who landed in the Sandwich is still under consideration by the Pan- American Union. Islands without previous invitation. His sailors took it upon themselves to Not in his own name, but in that of change the religion of the natives, and the Government and people of the Uni- they proceeded, too hurriedly, by pull- ted States, the President sent congratu- ing down an image—not of the Virgin lations to the German emperor on his Mary, or Saint Thomas Didymus, or 56th birthday. Did Woodrow Wilson Saint Mary Jane Theresa, but an image have the right to do that? Was he of some other deity who suited the elected for the purpose of sending the untutored natives of those Islands. good wishes of the American people to A\Tien Captain Cook's sailors fell hereditary monarchs who claim to rule upon the Sandwich image, the natives by "divine right?" fell upon Captain Cook's sailors. There His 55th birthday found the Kaiser is always a fight when you accuse the :

WATSON'S MAGAZINE. 289 other fellow of idolatry, and pull down denials of Romanists, as to the military his image. It never is your image that equipment and drills of the Catholic causes you to be an idolater: it is the secret societies, I public the following: other fellow's. Hence, many fights. In this way, civilization progresses, and Oelwein, Iowa, Jan. 15, 1915. according to the men who enjoy wealth To Whom It May Concern: is certify that I, J. O. Riley, was- and health, "the world is growing bet- This to a member and in good standing in the ter." year of 1903, and in part of the year of to recur to Captain : he ran But Cook 1904, and that I have my receipts to show up to stop the fight between the sailors the same, and that I was a member of^ and the natives; and, of course, he got The Ancient Order of Hibernians in America. that while I was a member killed. The way of the peace-maker, And of this order, that I did Military Drill while- like that of the transgressor, is hard. I was a member of this order at the com- Now, as already stated, two interlop- mand of our drill master, and that we ing Germans, who went to China to vio- then left our rifles in the basement of the- lently pull down the other fellow's Polish Roman Catholic Church, located in the 4t.h ward in the city of Winona, Minn. idols, got into just such a scrimmage as And furthermore, to any one who will send befell Captain Cook, and they got 10c in coin to defray the expenses of print- killed, just as he did. ing and mailing, I will mail them a true This same egomaniac, William Copy of the Constitution of this order, Hohenzollern, the Kaiser, made a tre- and it shows and teaches, that the Roman Catholic Church authorizes this order as mendous noise about the two Germans, a Military body, and that the laws of this ordered out the army and the navy, order are in harmony with the laws of the and sent them to China, where the Ger- Catholic Church at all times. And further- mans killed ten thousand Chinese men, more, that I left this order of my own women and children who had nothing free will, and later united with the Chris- tian church, and was baptised into this whatever to do with the murder of those church, and I was united into the fellow- two missionaries. ship by Pastor C. B. Osgood, of Winona, After the fearful butcheries of this Minn. war of revenge, the Christian emperor I was a member of the St. Thomas church, located (I think) at the corner of seized a great slice of Chinese territory 7th and Johnson Sts. This was a small territory that far too good for — was church and our lodge met on the second mere heathen. floor of the Parochial school, that stood When the German soldiers—all of near the church, and the Irish Catholic whom are Cliristians—were setting out priest was always present at every meet- ing that I was at. upon this war of revenge, their Chris- Yours faithfully, tian emperor, who rules by direct au- J. O. RILEY. thority from God, addressed them in 411-4th Ave., South, Oelwein, Iowa. the following variation of the Lord's State of Iowa, Fayette County.—ss. Prayer and the Sermon on the INIount I, J. O. Riley, being duly sworn, say that ""WHien you meet the foe, you will I have read the facts, and allegations of defeat them. No quarter will be given. the foregoing, dated Jan. 15, 1915, and No prisoners will be taken. Let all that the facts, allegations and statements- who fall into ^^our hands be at your therein contained and therein set forth are mercy." just and correct. Dated this 15th day of January, A. D., The troops obeyed, literally; and the 1915. J. O. RILEY. indiscriminate havoc wrought upon the Subscribed in my presence by J. O. non-combatant population of China Riley, and by him sworn to before me on shocked the whole world. this 15th day of January, A. D., 1915. GUY W. BACKUS, For the informing of those happy-go- Notary Public in and for Fayette County,. lucky Americans who accept the loud Iowa. 290 WATSON'S MAGAZINE.

September, 1912, Archbishop Qiiig- country, the devout and learned Cath- ley, speaking at the annual convention olics will not be caught unorganized of the German CathoHc Central Verein and unprepared, "when the time comes, in Chicago, said: as it surely icill comc^'' and the same forces attack the church. "I am glad to see that the Central Verein is so thoroughly organized, for In France and in Portugal, it was organization is the hope of the Catholic the Government which acted, in a church. In France and Portugal the regular legal manner, in divorcing itself Catholic chuch was defeated and perse- from the Koman church and in sup- cuted because the Catholics were not or- pressing certain papal dens of idleness ganized. Although there were thousands of devout and learned Catholics who would and debauchery. have given their lives if need be for con- Does Archbishop Quigley of Chicago science sake, they were merely a mob mean to say that, if the Catholics in without a leadership, and were defeated. France and Germany had been orga- I want to say that when the time comes nized, they would have risen in arms in this country, as it surely will come, and the same forces attack the church, here against the government? Does he they will not find us unprepared or un- mean to say that the Italian pope would organized, and they shall not prevail. We have resorted to civil war to prevent have well-ordered and efficient organiza- the separation of Church and State? tions ,all at the beck and nod of the hier- archy and ready to do what the church Quigley says that the time will surely authorities tell them to do. With these come when the same forces wnll attack bodies of loyal Catholics ready to step in the Italian pope's church in this coun- the breach at any time and present an try ; and that the pope has organizations unbroken front to the enemy, we may feel ready for the combat. secure." Does he mean to say that if the AVho are "the enemy?" Necessarily, government, in a regular manner, the 11 on- Catholics of this country. adopts legislation which the Italian 'Wliat was it in France and Portugal pope considers an attack on his church, that Quigley so venomously resented, the Knights of Columbus and the Cen- saying that thousands of devout and tral Verein will rise in arms against learned Catholics would have given such laws? their lives to have prevented it, and If he did not mean that, what was those devout and learned Catholics been his meaning? organized and prepared ? If ever a civil war breaks out in this It was nothing but the separation of country between papists and patriots^ Church and State, and the dissolution it should be remembered that such high- of certain immoral houses maintained priests as Quigley boasted, in public, by monks, priests and nuns. that the papists were the first to expect Quigley proudly boasts that in this it and prepare for it. Creating a New Art

At the Centennial Exhibition at As the culmination of all this, the Philadelphia, the exhibit of the Bell Bell exhibit at the Panama-Pacific System consisted of two telephones Exposition marks the completion of capable of talking from one part of a Trans-continental Telephone line the room to another. three thousand four hundred miles Faint as the transmission of speech long, joining the Atlantic cind the Pacific carrying the human voice then was, it became at once the and distinctly marvel of all the world, causing instantly and between New scientists, as well as laymen, to ex- York and San Francisco. claim with wonder. This telephone line is part of the million Starting with only these feeble in- Bell System of twenty-one struments, the Bell Company, by miles of vsdre connecting nine million persistent study, incessant experimen- telephone stations located everywhere tation and the expenditure of immense throughout the United States. sums of money, has created a new eirt, Composing this System, are the inventing, developing and perfecting; American Telephone and Telegraph mciking improvements great and smaJl Company and Associated Companies, in telephones, transmitter, lines, cables, and connecting companies, giving to switchboards and every other piece of one hundred million people Universal apparatus and plant required for the Service unparalleled among the na- transmission of speech. tions of the earth. American Telephone an D Telegraph Company And Associated Companies One Policy One System Universal Service Book Reviews

LEGAL LAUGHS. By Gus C. Edwards. and the fervid drama that makes one shud- Legal Publishing Co., Clarksville, Ga. der for the fate of humanity, and it Is with a feeling A book which consists altogether of fun, of interest, rather than one of reverence that the average reader will is not usually funny, for the same reason begin Ehrman's book. that a book composed of sermons, is a The play opens in portion the dull volume, usually. Too much of any "a of Court of the Gentiles in the Temple of one note is monotonous, whether in music Jerusalem. It is or literature. We want our jokes and about the year 29, a spring morning before the Feast our sermons to come along in broken of the Passover." Preparations are being made doses, if we can so manage it. in the Temple for this great Feast, and the But the book of Mr. Edwards is a de- opening is lightful exception to the rule that jest dialogue between the servants who are cleaning the floor of the Temple; books are a bore. Legal Laughs is ar- one learns the attitude of the Jew toward ranged on a novel plan, and it is the plan all those pilgrims who journeyed to Jeru- that gives continuous enjoyment to his selection of anecdotes and witticisms. salem at this season of the year, and the note is touched from the first line He has put up his Legal Laughs in human of the dialogue. Word has been passed alphabetical order; and you feel a keen that the Jesus is to appear at this season's sense of pleasure in passing from one Feast, and the rulers are frightened. The letter to another. After you have laughed scene closes with Caiaphas' instructions to in A., you pass to B., and then on to C, the guard, as to the means to be taken to and so on down the line. By the time keep Jesus from entering the Temple. you have reached Z., you are ready to be Prom the first act, until the last the disappointed at not finding another lot of story runs along the accepted lines of the jokes under the old familiar sign &c., that Scriptural story of the Christ, but in the used to be at the bottom of the alphabet last chapter, the author has taken liberties in Webster's blue-back speller. with tradition which will probably be the A very wide field has been explored by basis for adverse criticisms, but Mr. Edwards in the culling of his selec- many which take nothing from the character of tions. He seems to have exhausted the the central figure. possibilities of richness, variety, spiciness, is any- and up-to-date-ness. There no effort at making Jesus thing but a thoroughly human figure; this He runs the whole gamut of court-house perhaps, constitutes the greatest shock of humor, from the country J. P. and the the author's handling of the subject, and town officer, up to the Supreme Courts. yet it should have the happiest effect on Inevitably, a few chestnuts found their the one who had doubted, because it had way into his collection, but they are sur- not been possible to get to the human prisingly few, whereas the immense basis in an understanding of the Man of amount of entirely new material, not to Sorrows. be had in any work, is astonishing. Perhaps the most intensely dramatic Evidently, Mr. Edwards has given years portion is the trial before Pilate. One to his task; and he has produced can almost see the confusion, feel the ex- a book that, if widely advertised, will citement, and hear the whispered com- supplant every other volume of bench-and- ments of the Roman guards, the palace "bar wit and humor. servants, and feel the effect the simple I have iiever seen a book of this type dignity of Jesus on this mob that feared, that even compares to it in varied excel- while it reviled him. One has a very clear lence. T. E. W. conception of the cowardice of Pilate when one reads the simple dialogue between JESUS; A PASSTOX PLAY. Max Ehrman; himself and Caiaphas. The Baker Taylor Co., New York City. And the story takes one on, step by step, To the very devout, and the one who has to the Crucifixion. "been able to maintain the mystical concep- Of his work, the author says: "The per- tion of Jesus through this age of skepti- sons who founded Christianity are here cism and scientific research, this book will stripped of supernatural embellishment, "be a revelation and one that has no shock and they are represented as simple, real, of irreverance attached to it. ardent Orientals in the throes of a great The drama has been uplifted, in spite and impending tragedy." This is true, but •of the great percentage of problem plays the play will not lessen the strength of —

WATSON'S MAGAZINE. 293 the belief of those who regarded the Man entailed, makes the book one of the most of Sorrows as of Divine origin, nor will fascinating it has been the good luck of it lessen the great worth of the influence some of us to get into, in many days. of His simple life among a people who re- There are real men, in whose veins flows fused to accept Him. red blood, and lots of it. It is true some The book is beautifully printed, in large of it is spilled, but that has been the fate clean type. There are no illustrations, of many a Texan, and the story isn't but the word painting is so vivid, one does "gory" enough to hurt the sensibilities of not miss them. A. L. L. even the most delicate. There is a beauti- fully handled love theme through the THE LONE STAR RANGER. Zane Grey; whole book, like a thread of gold, and Harper & Brothers, New York. though at times one feels a gripping sor- If one had been in doubt of the ex- row for the lonely, wandering outlaw, one istence of any of the old school of real somehow never quite loses the hope that flesh and blood writers; writers who could some how, somewhere he will come into make characters of brawn and muscle, one his own and take his place among men, has a pleasant surprise if one gets hold of as he should—and as he does. any of Zane Grey's works. The book This book is warranted to make you which probably classed this author among forget even an engagement with the dent- the better fict on writers of the purely ist, and insomnia will lose its liorrors, or American school, "Riders of the Purple a dreary Sunday its drear.ness. Sage" made readers anxious for another Like all the output of the Harper work from her pen, and "The Lone Star Brothers, the book is beautifully gotten Ranger" is a most worthy successor to up—clear type, splendid binding, and a the first named book. book to give the young chap who wants Texas is a land of possibilities in many to read of real men, and real life. lines, but in fiction it has an unlimited A. L. L. field for authors who can handle char- acters, conditions and "atmosphere" as BtJSITMES^ CHA.IVCES •can Zane Grej'. FREE FOR SIX MONTHS—My special offer to magazine "INVESTING FOR The average reader has probably classed introduce my PROFIT." It is worth $10 a copy to anyone the Texas ranger with the Ku Klux Klan, who has been getting poorer while the rich, the earning with the difference of object and environ- richer. It demonstrates REAL power of money, and shows how anyone, no ment. matter how poor, CAN acquire riches. INVEST- progressive finan- The making of an outlaw seems a simple ING FOR PROFIT is the only cial journal published. It shows how $100 process, when one reads of Buck Duane. grows to $2,200. Write NOW and I'll send it The almost inevitable acceptance of the six months free. H. L. BARBER, 458, 20 W. Jackson Blvd., Chicago. inheritance of his father, the stoicism with which that inheritance was taken, Strawberry p'Rpl? To introduce our Pedigreed Ever- PLAN TS riVC/rL/ fjearjng strawberries we will send incidents of life it and the stirring the 25 fine pUnts free. PEDIGREED NURSERY CO., St. Louis, Mo.

NE\y EDITION OF- NAPOLEON By THOS. E. WATSOIM THIS BOOK IS REGARDED AS A STANDARD, BY EMINENT SCHOLARS Limited Edition PRICE, $1.50. THE JEfFERSONIAN PUB. CO., Thomson, Ga. ROMAN CATHOLIClSM-;y^Al^^.^vrv^ l^^n

Full reprint of main points of the celebrated Senate Document No. 190, in which the Taft Commission reported to President McKinley the terrible conditions that Roman Catholicism had pro- duced in the Philippine Islands. That official document quoted almost in full, as it was sent to the Senate by President McKinley, embodying the sworn testimony taken in the Islands. Critical examination of those principles and practices of the Roman Catliolic Church which necessarily make it a deadly menace to Democratic principles and a Republican form of government, as well as to civil and religious liberty, and to the morality of the people. The terrible evils of the confessional box shown up, as demon- strated from Roman Catholic sources; historical examples given.

IS ROMAN CATHOLICISM IN AMERICA IDENTICAL WITH THAT OF THE POPES? Or, OPEN LETTERS TO CARDINAL GIBBONS

By THOS. E. WATSON PRICE, 50 CENTS. POSTPAID

THE JEFFERSONIAN PUBLISHING CO., - Thomson, Ga.

The Cream ofMr. Watson's Miscellaneous Writings Covering a Period of 30 Years

ALTOGETHER APART FROM HIS POLITICAL. ECONOMIC AND HISTORICAL WORK.

They reflect the rare, occasional mood of the man of ideals, of hopes and dreams, of love and sorrow, of solitary reflection, and of glimpses of the inner self. We call the volume PROSE MISCELLANIES

We have a beautifully printed and illustrated edition bound in board covers, and the book is typographically as pretty as new shoes. PRICE $1.00, POSTPAID

THE JEFFERSONIAN PUBLISHING COMPANY, Thomson, Ga.