davidaulloa/AmericanStories huggingface dataset:
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Ruling on ROan's Doubt
And Jim COnLey's StOry

cause. arising from his desires and
the effort to accomplish them
What did he mean by mot being
built like other men?S As testified
to by this witness, it was something
that he knew and the witness which
Indicated abnormality. II was some
something that the accused thought OF
sufficient Importance to refer to in
connection with the homicide and its
cause.
Were the jurors to be left in the
dark as to what it was that he knew
and Conley knew that indicated such
abnormal conduct in connection with
the murder?
Why should not the jury be permit
ted to understand what the accused
was talking about that was a subject
OF common knowledge between him
and the witness?
However black 1t may indicate the
conduct OF the accused to have been,
there was no reason why the jury
should be left in the dark in regard
to IL.
Simile Is Drawn.
Suppose. on the trial of one accused
of murder, il should be sought to
show that the accused was armed
with a deadly weapon, and that a
witness should testify that the ac-
cused said to him about the time of
the homicide. You know what ] al
ways carry in my pocket"
Would there be any doubt that the
witness would be allowed to testify
that the accused had previously in
formed him that he always carried a
pistol. or had on previous occasions
exhibited TO him pistol in his pocket,
or on the trial OF one accused of gam
bling in a certain room, or of keeping
a gambling house there, II the State
should introduce a witness who
should testify that the accused had
posted him on the outside of the room
and warned him against the approach
of any stranger, and had said 10 the
witness that the latter 20 what he
always did in that room" would il be
contended that ii would not be COM
petent TO show by the witness that
the accused and others on previous
occasions had gambled in the room
while he was watching for them as
explanatory of the inCulpatory state
ment of the accused?
Threw Light on Deed.
This evidence was not admissible
merely because il may have shown
previous improper conduct or crimi-
nality on the part of Frank discon-
nected from the crime of which he
was charged. but because II threw
light on the transaction under con-
sideration and tended 10 explain what
he said and did on that occasion. as
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Request to Charge.

The lower court declined to give the
following request to charge: mo
presumption can arise against the de-
PENDANT because of failure to cross
examine any witness put up by the
State. that the defendant was guilty
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

and the orderly progress of the case
was resumed
The general rule Of the conduct of
the spectators during the trial of the
case will not be grounds for re-
vers of the judgment unless a rule
upon such conduct is invoked from
the judge at the time it occurred. The
applause by the spectators under the
circumstances as described in the
court, is but an irregularity not call
culated to have been sufficiently
harmful to the defendant.
Not Error to Deny Mistrial.
1t was not an error for the court to
refuse mistrial, particularly upon
motion made several days after the
alleged occurrence of disorder and
after the case had been fully argued
and the charge of the court was about
to be delivered.
Just before the jury was ushered
into the courts presence for the pur-
pose of rendering it's verdict, the
court had the room cleared of specta-
tors. The verdict of the jury was re-
ceived and published in the usual
manner. A request was made to poll
the jury, and after the polling had
begun loud cheering from the crowd
in the street was heard.
In order that the occurrence COM
planned or should have the effect of
multiplying the poll of the jury, as was
claimed by the defense, it must APP
pear that it's operation upon the
mindsof the jury or some of them
was of such controlling character that
they were prevented or may have
been prevented from giving a truthful
answer to the court
We think the affidavits OF the ju-
rors submitted in regard to this oc-
currence We're sufficient to show that
there was no likelihood of any such
results This is not sufficient
grounds for a new trial.
The record in this case is volumi-
nous.
Comment on Wife Upheld.
The main opinion in reference to
the failure of Franks wife to visit
him just after his arrest the court
makes the following comment:
Exception was also taken to the
courts permitting the Solicitor Cen
eral in his argument to comment
upon the failure of counsel for the
defendant to cross examine certain
witnesses offered by the State; and
also to comment upon the failure of
the wife of the. accused to visit him
in jail.
As to the latter, the accused in his
statement had referred to the failure
of his wife to visit him soon after his
incarceration, and had given an ex-
PLANTATION of it; and the Solicitor had
a right TO comment on the statement
of the decision which reflect clearly
Here are the concluding paragraphs
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

The two main points stressed in
the ruling opinion OF the high court
are the question of perversion and
Judge Roan's expression of doubt in
affirming the death sentence. on
both points the court rules that the
defense was not done an injustice.
Here is the text of the opinion con-
corning these all-important conten-
tions in Franks case:
We think this evidence was rele-
want for several reasons. In the first
place, the witness had testified that
on the day of the homicide the ac-
cused said TO him, II want you to
watch for me like you have been
doing the rest of the Saturdays" or
las you did other Saturdays"
He then asked, Now, tell what
kind of work you had done for him
the other Saturdays" and in answer
TO this and other questions the tes-
timony was brought out in reference
to the practice of the accused to in
dulge in lascivious conduct in his Of
flee and in the building on Saturday
afternoons, and to have the witness
watch for him to prevent detection.
Competent to Show He Watched.
AS showing the occasion for his
when the crime was committed and
as explaining his peculiar opportu-
nifty for knowledge in regard TO II,
and why the accused should call on
him to assist in watching. and sub
sequently in removing the body. and
especially in order to explain the
statement that he was employed on
that Saturday as he had been on
other Saturdays, II was competent to
show how he had watched and for
what purpose on other Saturdays.
Having testified that the accused
had made reference to what the wit
ness had done formerly in directing
him what he was then to do. no rea-
son occurs TO US why he should not
explain the reference.
Again, the witness had testified
that after the homicide the accused
called on him to assist in removing
the body Of the girl from the place
where she was slain, not far from the
office of the accused and that in ex-
planning TO him the situation, the ac-
cused stated that I wanted to be
with the little gtrl, ard she refused
me, and ! struck her. and l guess |
struck her too hard. and she fell and
hit her head against something, and
don't know how bad she got hurt OF
course, you know that l am not built
like other men"
Showed Accused's Desire.
According TO the witness, here was
statement by the accused IN con-
nection with the homicide and it's
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Burns to Explain
Connection With Case.

Detective William j. Burns, accom-
panied by Mrs. Burns, will arrive in
Atlanta Wednesday morning at II
o'clock over the Nashville Chatta-
nooga and st, Louis Railroad, and
will go to a suite of room at the
Georgian Terrace.
In the course of his lyceum lecture
at the Baptist Tabernacle Wednesday
night on American Citizenship"
Burns is expected to explain the con-
nection of himself and his agency with
the Mary Phagan murder case.
Last summer in Boston, in a con-
versation with President S. Russell
Bridges. OF the Alkahest, Mr.. Burns
expressed a wish to have the opportI-
nifty at some time TO make an expla-
nation to the people of Atlanta of
several mysterious incidents connect
ed with the case.
tives of Burns were in the city work
ing on the case following the arrest
of Frank, and that following their
presence 1t was reported in the At
lanta papers that Burns himself was
coming to the city. A movement was
started to raise a public fund to aid
Burns in the investigation. Then
rather suddenly all connection of the
urns agency with the case was sew
cred.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Dorsey Not Surprised

Solicitor Dorsey when he informed the
Georgian reporter issued the following written
Il surprised fully expected the decision
be affirmed have heretofore
paper statement my opinion of Franks guilt although
quenty the papers have quoted saying guilty
willing to be quoted saying that there the
shadow of doubt in my mind but that the is just
righteous Frank murdered little Mary
Luther Rosser chatting friend in the
r Brandon of his partners with copy the
Georgian announcing the verdict.
Have you heard the Brandon displaying
the paper
Mr.. Rosser gave hurried glance
Whoopee" he exclaimed That settles it, doesn itY''
Mr.. Rosser asked about plans for the
fight for Franks life.
Wi you take the the Supreme United
States?" he asked
Il don't know don It know, he replied and refused
further.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

testified to by the witness.
SO far as our search has extended,
we have found no case where the
conduct and language of one accused
of crime and closely connected
Herewith by evidence could not bs3
explained by showing other conduct
10 which he himself referred.
One of the grounds of the motion
complains that the verdict is without
evidence to support 1t. Another con-
plains that the verdict is contrary 10
the weight of evidence. The court re-
cited in his order overruling the mo-
tion for a new trial that he had care
fully considered the original ana
amended motions in rendering the
judgment denying a new trial.
Roan's Expression of Doubt.
The bill of exceptions recites thet
the judge orally stated that the jury
had found the defendant guilty: that
he (the judge) had thought about this
case more than any other case that
he had ever tried; that he was not
certain of the defendants guilt; that
with all the thought he had put on
this case he was not thoroughly con-
WINGED whether Frank was guilty or
innocent, but that he did not have to
be convinced; that the jury was con-
v.nced, that there was no room TO
doubt that; that he felt it his duty to
order that the motion for new trial
be overruled"
1t is insisted that the remarks made
by the judge in denying a new trial
indicated judicial disapproval Of the
verdict, We do not think SO. The
jury found the accused guilty. The
court was called upon to determine
whether under the record the defend
ant should be granted a new trial.
He refused it, and the rule in such
cases is hat even If the court should
consider a case weak, yet, if he over
rules the motion for a new trial. one
ground of which is that the verdict is
contrary to law and evidence, his le-
gal Judgment expressed in overruling
the motion will control: and II there
is sufficient evidence to support the
verdict this court viii not interfere
because of the judges own expression
as to his opinion.
Request to Charge.
The lower court declined to give the
Following request to charge: NO
presumption can arise against the de-
PENDANT because of failure to cross
examine any witness put up by the
State. that the defendant was guilty
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

In the former case (of intent) tha
act Is simply to negative the innocenT
state of mind at the time of the sct
charged. In the present (dsign or
SYSTEM the effort is to establish
definite prior design or system. whicb
included the doing of the act charged
rs part of its contamination. In the
former case dntenD the result is To
give a completion to the conceded art
and ends with that; in the present
case (plan or system) the result is 70
show (the proba 5iilty) a positive de-
sign, which in it's turn is Therefore
evidence (probably) for the doing Of
the act designed. The added element
then, must be not merely a similarity
in the results, but such a concurrence
of common circumstance that the va
rlous acts are naturally explained as
caused by general plan of which
they are the individual components.
The dissenting justices, in dealing
with the lonley testimony, said:
The general rule is that, on prose
Continued on Page q, Column 1.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

of any particular act of wrong doing.
You should not, therefore, consider
this defendant because of such fail
ure to cross examine any State wit
ness has been guilty of any particu-
lar acts of wrong-doing.
The request was properly declined.
The defendant offered in evidence
general good character as a substan-
tial fact in his defense The State
was allowed in reply to show that
his character for lasciviousness was
bad. Counsel for the defendant elect
ed to omit any cross examination of
the witnesses of the State on the sub
ject.
one of the issues, brought into the
case by the defendant, was that his
general character was good. The
State Joined issue with the defendant
as to his having a good character in
respect to that element which was
alleged to have prompted the act on
the part of the defendant which re-
suited in the murder.
Whatever transpires in a criminal
case appertaining to the submission
of testimony, the manner of eXami-
nation or the failure of counsel to
cross examine may be legitimately
discussed, and it for the jury and not
the court to pass upon the force and
effect to be given to the argument. Ii
would therefore be an invasion of the
province of the Jury that no infer
ence could be drawn from the de-
PENDANTS failure to cross examine the
witnesses.
Reference to Durant Upheld.
The court in discussing the Solici-
tor Generals reference to the famous
Durant case in California, to which
the defense strenuously objected. held
that the Solicitor was entirely within
his rights, and it was not grounds for
a new trial. The Solicitor General in
his concluding argument, also re-
ferred TO the Oscar Wilde and other
criminal cases. Error was assigned
because the court did not instruct the
jury to the effect that facts in other
cases should have no influence upon
them in making up their verdict, but
they should try the case before them
upon its own facts under the evt-
dence. The court holds this ground
to be without merit.
Several other grounds Of the motion
for new trial complain of arguments
made by the Solicitor General and
failure of the court to check or rebuke
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
.ROSSER AND ARNOLD
BEGIN AN EXHAUSTIVE
STUDY Of DECISION
Continued From Page I.

their next but understood that immediate steps will be
taken to stay Franks execution is regarded likely
that the will be appealed again before Judge Hill has the
opportunity passing the of death against the convicted
man for the second time.
81 haven't anything subject Luther Ros-
sers reply to request for statement
Reuben Arnold said that the defense would be prepared
make of its plans until the lawyers had thor
oughly reviewed the decision of the Supreme Court
Attorneys Rossr and Arnold the Capitol Tuesday
forenoon going the lengthy opinion and planned to return
clock to finish it When they have carefully they
will announce their next
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

the Supreme Courts attitude:
We have attempted TO go through
various assignments of error so as to
bring the opinion within reasonable
bounds. Some of the points are
deemed of minor Importance, not
amounting to error. and some of them
were not referred to in the briefs,
and therefore no specific reference is
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
SH AND BECK TELL WHY THEY FAVORED NEW FRANK TRIAL

for the defense those evidence
strike them and that the motion overued
Coney point in question
enng opinion prejudcial pertaining
Evidence of another the of this any
incompetent, the opinion
The defendant prepared only the charges
made against him the Indictment
testimony Coney branded should
that Jurors their lack of technical
attach undue importance o
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

made to them.
We have given careful considera
ton to the evidence, and we believe
that the same is sufficient to uphold
the verdict; and, as no substantial
error was committed in the trial OF
the case, the discretion of the court
IN refusing new trial will not be
disturbed.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

only few exceptions to this rule and
The dissenting opinion further states
other Justices the prevailing opinion that
defend
admitted evidence because they tended
ofenses We take issue with them
proposition
complications of the contention
Coney
dissenting
opinion Of
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

The The Of
colleagues
dealing with Frank of ascvouness with other than Mary
Phagan
in
n
rule
in
dissenting opinion counsel
The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1914-09-17
Entertainment For Everybody. 3

People have thousand and one
ways Of amusing themselve in the
summer time, but as winter approach.
es, with its long evenings, everybody
reads more or less.
You do little visiting but most OF
your evenings are spent at home, and
1t is wise thing to provide your fam
lily with sufficient amount of reading
matter, so that every member Of the
family may have something useful
and interesting to read
| Look over our list of mag aZine clubs,
as advertised on page three in this
paper, you are sure to find just what
you want. You can get good farm
paper if you need it, a good poultry
paper one devoted to fruit culture, or
dairy farming You will also find in
the different clubs many of the best
story papers published, and others de-
voted to literature, fashions and house
: hold substecj.
Probably your own favorite journal
is listed in this collection of the best
and most popular magazines published,
at any rate, you will not make mis-
take in taking advantage of these bar
gain offers You can get three fine
high class magazines in connection
with years subscription to our paper
for practically nothir G.
Let all the family help make up the
list Mother can have her paper,
father can have his, and there will
still be one left for the young folks.
Send us in your order today. Do it
before you forget about it. The extra
cost is so little that it is hardly worth
considering, and besides you will be
made glad for whole year by the
monthly visits of three high class pub.
lications
do 1t now."
The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1914-09-17
Obituary..

John Medsker, son of Thomas and
Nancy j. Medsker, was.one of family
of six brothers and sisters, two of whom
preceded him in death. He and his
twin sister were born on farm four
miles east of Hillsboro, Highland coun-
ty, Ohio, on August 4, 1856.
He grew to manhood on the farm and
his whole lifewas spent in farming and
until his removal to his late home in
Wilmington In 1909, he was a citizen
Of his nativi:county.
He was married to Miss Nancy Anna
Trop on Oct. 3, 1880. Two girls, Mrs.
Edith Roads, of New Vienna and
Edna Hill, of Wilmington, we're born
to them and these with his widow and
five grandchildren are left to mourn
their loss. He was never robust man
though an active and industrious
worker in his chosen life work.
On Dec. 16, 1901 he was stricken with
paralysis and never recovered from
that attack, though he was able to
attend church and to look after his
business
In 1909 he sold his farm In Highland
county and bought one near Whining
ton, where he spent the remainder of
his life. About three years ago he had
serious relapse but regained about
his former measure of strength, and
until few months before his death
was able to attend church.
He was converted at the age of Is,
and at once united with the Methodist
Episcopal church, of which he was a
most earnest and devoted member.
He was a trustee, steward and class
leader in this church (Auburn) for
more than 25 years.
John Medsker's name was synonym
for honesty, uprightness and square
dealing wherever he was known.
i was his pastor in all for nearly
seven years and knew him as well as
most men. He was my friend and l
was his friend, both of us knew that
fact. He served as trustee and treas
urer of this historic old cemetery
where he will sleep.until the Resurrec
tion morning.
He was good citizen, kind hus-
band, a loving father, true friend, a
pure man and an earnest Christian.
The world is poorer that he is gone.
May GOD bless and keep all his dear
ones till they meet in the Fathers
house on high is my prayer.
He died on August 8, 1914, at the
age of 5S years and days. He rests
from his labors but his works do follow
him.
The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1914-09-17
SINKING SPRING.
Sept. IA, 1914.

OtpU. IL, lSlf.
Mrs Essa Johnson, of Portsmouth,
visited relatives here last week.
Miss Stella Ferguson, of Springfield,
is visiting her parents at this place.
Hazel Tener, of Locust Grove, spent
Saturday night and Sunday with Miss
Martha Eylar.
Mrs. Harley Mace, of Piketon, visit
ed her parents here. Sunday.
Harry Rowe, of Columbus, spent a
few days last week with Miss Ocie l..
Porter.
Mrs. Richard Mcclellan spent Tues
day with her sister, RS. Richard Rey-
nolds, at PEBBLES.
O. c. Wickerham was a business Wis
itor at PEBBLES, Tuesday.
Carl Phyllips and family have moved
to Boston, where he will teach school
the coming winter.
Pearl Everhart, of Bainbridge, spent
Wednesday night with VIM. Rhoads
and family here.
Roma Garman and Mabel Butler
have returned home after visiting
relatives at Springfield.
Mrs. Joseph Swayne is visiting her
daughter, Mrs. Latham Hilterbrand.
Miss Sina McNary, of Cynthiana,
spent Sunday with Mrs. Robert Ire.
ber.
Mrs. Richard Reynolds, of PEBBLES
spent Thursday with her parents
j, W. Hite and wife.
Mrs. James Rhoads spent Thursday
with her sister, Miss Roma Garman.
Mrs. Sadie legal, of Chicago, is the
guest of her mother, Mrs. James
Pickett.
Mrs Samuel Arnold, Mrs. Scott
Mason and Mrs. Fred Copeland, OF
Locust Grove, spent Friday with Mrs
o. A. Tener
Miss Margaret Chapman is visiting
relatives at Winchester.
Miss Maude Ferguson, of Spring
field, is visiting friends here.
Leslie Kearns, of Blanchester, spent
a few days last week with his sister,
Mrs. N. j. Tolle.
Margaret Setty, of Hillsboro, is Wis
iting her grandmother, Mrs. Hannah
McKeehan.
BERTHE Johnson spent Thursday
night with Miss Emma Swayne.
Miss Bessie Porter and Leota Tolle,
spent Friday afternoon at Naceville.
Miss Ethel Covan, of Feebles, visited
her father, one day last week.