Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-06

of it's very hardest nuts to crack.
Maybe the State can crack 1t,
all right,
That remains to be seen, and as
to that | venture no opinion.
Again, / take ii the defense ex-
poets to strike straight from the
shoulder when it puts Franks
character in issue.
do not KNOW that the defense
will do this, but from the tone of
some of the articles, particularly
Mrs. Franks remarkable interview,
given out recently by the defense,
or authorized by it, l SUSPECT
that Is exactly what it will do.
This will be a bold stroke, too,
for unless the DEFENSE puts Leo
Franks character In issue, II CAN
NOT BE PUT IN ISSUE AT ALL
The State is estopped, of it's own
motion, from doing that.
Therefore, when the defense
DOES it, it is pretty apt to be
taken as an evidence that the de-
Tense is very confident of itself
Into the case at this point, then,
will come a portion of the law of
Georgia that is most picturesque
and Significant portion that is
founded upon the very bedrock of
decenCy and common sense, and
that throws about all observers of
the law and about all right living
men a protection as certain and as
sure as it is majestic and noble
Character Good Evidence.
In respect of CHARACTER as
evidence of innocence of crime, |
find that Chief Justice Simmons,
in the 1920 Georgia, said this:
nE -
is admitted as evidence of
positive fact, and may, of it,
self, by the creation of a rea-
sonabie doubt, produce aequit-
tall"
And, again, the same authority
says:
"Of what avail is good
character, which a man may
have been a lifetime in acquir-
ing, If it is to benefit nothing
in the hour of peril?"
Chief Justice Simmons was Su-
perior Court judge for some TWEEN
ty years before he was elevated to
the Supreme bench, and Supreme
Court justice for a like period.
He was one of the noblest men
that Georgia ever produced, and
one of the most profound and ap-
proved students of the law
And he made good character the
very Rock of Gibraltar upon which
man attacked might depend in
time of peril!
Once the defense puts Leo
Franks character in issue, how
ever, the State may attack it as
bitterly and as vehemently as it
likes
This, it may be, the State is pre-
pared to do
Unless the State does break down
Franks character, however once it
Is put in issue by his own attor-
aeys, the State VIII be thereafter
at tremendous disadvantage, l
think, particularly when the de-
Tense is undertaking to shoot the
character of Conley to pieces from
the other flank!
Character can not be broken
down in courtroom with whis-
pered words and sinister gossip.
Must Attack in Open.
Under the impersonaI rules of ev-
idenCe and the law. character must
be attacked in the open-it must be
beaten down, if beaten down Ii be
with weapons the Judge and the
jury may see. welded in fair play,
and it must be fight to a finish.
True, If defendant deliberately
puts his own character in issue,
the burden is upon him to sustain
his character; but once the law ruts
that burden upon a defendant, 1t
holds in leash and sure control the
State in its attempts to demolish it.
| have written of crimes and of
criminals for fifteen years-of pet
ty sneak thieves and bank robbers
of common back-alley DULLES and
murders, of brutes and degenerates.
of clever confidence men and clum-
sy bunglers.
| have seen the innocent made
victims of cruel circumstances and
the unquestionably guilty escape,
but | am yet to see a case in which
good character, firmly and frankly
set up, was not a tower of strength
to the acCused-a sure and abiding
benefit in his hour of peril" as
Chief Justice Simmons says it
should be!
After all is said and done, char
aCter is the corner stone upon
which civilization and society most
securely rests.
1t holds the business world to-
gether, and it differentiates the
wheat from the chaff in the profess
sions.
without II, the grand Ole name OF
gentleman is mockery and a sham
and, above all things, 1t best
marks the woman as fitted to her
natural and noblest environment
If Leo Frank puts his character
in issue, it will be a challenge full
and free to the State to do its
worst-it well may be expected
to make or mar the defense of Leo
Frank, charged with the murder of
Mary Phagan.