Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-25

made by the State. They did not con-
Wet the man on the facts, but on
what NAV have been the fec:s. Their
whole case falls to the ground II
Mary Phagan got in town between
1907 and 1910"
Judge Roam interrupted at this
point to ask why the case would fail.
I'm tell you why, your honor" re-
torted Arnold 1T is because their
star witness. Jim Conley, testified
that Mary Phagan went into the fac
tory before Monteen Slower. anu
Monteen Slower entered the factory
at 1905 She looked at the clock. She
stayed there until 1910. But before
all this, according to Conley, Mary
Phagan had come in and had been
there quite a while. She had gone
into Franks office. She and Frank,
Co3ley says, had gone back to the
metal room. Then Conley testified
that he heard a scream. All this oc-
Cured, by the States theory. before
Monteen Slower entered at 1905. Yet
the States own witness, George
Epps, declared that he rode 10 town
with Mary Phagan and that they
didn't get off the street car until
1901. l don't know whether Epps
ever rode with the Phagan girl tina,
day, but, granted that he did. for his
testimony as to time is corrobora ed
by the defense's witnesses, the motor
man and conductor of the car, Mary
couldn't have arrived at the factory
before 49,: 10 or 12:12 BY tbs time
Monteen Slower had come ard gone.
and the States case falls"
Says Negro Composed Notes.
Attorney Arnold took up one BY
one other important points in the
trial and asserted he had demon
strated that he had established that
1t would have been impossible for
Frank to have killed Mary Phagan
at the time the State held the MUIR
der took place and that he also had
established that Frank had left the
fctory long before the moving of the
body could have been completed as
described by Conley.
Judge Roam again interrupted At
torney Arnold to ask him to take up
the matter of the notes found by the
body of the dead Mary Phagan
The lawyer said that If, as Conley
maintained, Frank planned to have
the body burned, he never would have
had the notes written. They would
have been absolutely purposeless with
the body out of the way, Arnold as
serted.
The lawyer also contended that the
language was distinctively negro dia-
lect, particularly the expression LAY
down play like the night witch did
it," The expression "by hisself," Ar
mold said. had been found in the ne
gro's testimony 90 times.
Responsibility on Judge.
ut takes thirteen jurors to muir
der a man in cold blood in Georgia"
exclaimed Arnold addressing the
court The trial judge has to ap-
prove the verdict brought in by the
twelve jurors. This puts a terrible
responsibility onto the judge. With
his superior experience and his thor
ough knowledge of law, he is in a
much better position to weigh accu-
rately and intelligently tn evidence
which has been submitted.
"A judge once said that it was up
to the jury to decide whom to believe,
but the Superior Court did not APP
prove this evasion of plain duty on
the part of the trial judge.
This is a most unusual case. There
have been murders before and there
will be after this. The example of
Cain will be followed until the end
of time. You may pick up the news
papers any day and read of these
crimes They do not mitigate this
murder in the least. The crime at
the pencil factory was as atrocious as
any in the history Of the State.
But the intense feeling over this
crime grows out of something else
than its mere atroCity. You have
got to hunt down under the surface,
but you have to scratch down just
a little before you find that it is the
same old cause that has run down
through the ages.
Cites Russian Trial.
About the only parallel in recent
times is going on to-day in the holy
city of Kieff, Russia, where they
are trying Mendel Beiliss, a Russian
Jew, for the ritual murder of a 13-
year old boy. It's a case on which
the civilized world looks aghast and
with horror. Everyone knows that
It's all lie and a diabolical persecu-
ton. The boy was killed. There is
no doubt of that. But that he was
killed by Beiliss as a victim of the
so-called ritual murder which, as a
matter of fact, exists only in the
Imagination of the prosecutors of the
Jews, is an infamous lie, is the world
knows.
AS strange as is this travesty on
justice in progress in l<teff, Russia. it
is no stronger than the trial which
was enacted in our own city. of At
lanta last August. The charges are
no more ridiculous and fantastic than