davidaulloa/AmericanStories huggingface dataset:
Atlanta Georgian., 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
iect.
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 eNami-
nation or the failure of counsel TO
cross examine may be legitimately
discussed, and II for the jury and not
the court to pass upon the force and
effect to be given to the argument. Ii
province of the jury that no infer
ence could be drawn from the de-
fendant's failure to cross examine the
witnesses.
The record in this case is volumi-
mons
Atlanta Georgian., 1914-02-17

relevant and inadmissible. The sub
stance of this general rule was in
corporated in our first Civil Code, as
fololWs
"The general character of the par
ties, and especially their conduct. in
other transactions are irrelevant mat
ters unless the nature of the action
renders proper the investigation of
such conduct"
The dissenting justices also, in up
holding this contention, cited Under
hill on criminal evidence, as follows:
The large majority of persons of
average intelligence are unframed in
logical methods Of thinking, and are
therefore prone to draw illogical and
incorrect inferences and conclusions
without adequate foundation. From
such persons jurors are selected. They
will very naturally believe that a per-
son is guilty of a crime with which
he is charged if it is proved to their
satisfaction that he has committed an
offense of an equally heinous crime
To guard against this evil it is a
general rule to forbid the introduce
ton of evidence to show that the de-
fendant has committed such other
crimes
This general rule, in our, opinion, is
well taken.
Atlanta Georgian., 1914-02-17

directed forward to the doing of that
act
In the former case (of intent the
act is simply to negative the innocent
state of mind at the time of the act
charged. In the present (dsign or
SYSTEM the effort is to establish a
definite prior design or system, which
included the doing of the act charged
as part of its consummation. In the
former case GntenD the result is to
give a completion to the conceded act
and ends with that; in the present
case (plan or SYSTEM the result is 10
show (the probability a positive de-
sign, which in its 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
rious acts are naturally explained as
caused by general plan of which
they are the individual components.
The dissenting justices, in dealing
with the Conley testimony, said:
Views on Conley Story.
The general rule is that, on a prose-
cution for a particular crime evi-
dence which in any manner shows, or
tends to show, that the accused has
committed another crime, even though
it be a crime of the same sort, is ir-
Atlanta Georgian., 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 a crime and closely connected
herewith by evidence could not 10.
explained by showing other conduct
to which he himself referred.
One of the grounds of the motion
complains that the verdict is without
evidence to support it. Another con-
! plains that the verdict is contrary 10
the weight of evidence. The court re-
cited in his order overruling the mo-
ton for a new trial that he had care
fully considered the original ami
amended motions in rendering the
Judgment denying a new trial.
Roan's Expression Of Doubt.
The bill of exceptions reCites that
the Judge orally stated that the Jury
had found the defendant guilty. that
he Cthe judge had thought abor 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-
Ninced whether Frank was guilty or
innocent, but that he did not have to
be convinced; that the jury was con-
Vinced, that there was no room TO
doubt that, that he felt it his duty to
order that the motion for a new trial
be overruled.
IL is insisted that the remarks made
by the judge in denying a new trlel
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 II, and the rule in such
cases Is that even II the court should
consider "A case weak. yet II he over
rules the motion for a new trial, one
ground of which is that the verdict Is
contrary 10 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 will not Interfere
because OF the judges own expression
as to his opinion,
Request TO Charge.
The lower court declined 10 give the
Following request 10 charge: mo
presumption can arise against the de-
fendant because Of failure 10 cross
examine any witness put up by the
state. that the defendant was guilty
Atlanta Georgian., 1914-02-17

The time when Leo Frank will be
brought before Judge Ben H. Hill to
be re-sentenced lies in the control of
Solicitor General DoDrsey, through
whose efforts Franks conviction was
obtained.
Two weeks, perhaps. and ten days,
certainly, will elapse before the death
sentence is pronounced again.
The Solicitor said Tuesday that the
judgment of the Supreme Court must
first be sent down to become the
judgment of the lower court. This
will require ten days.
Then" said Mr.. Dorsey, 81 will sue
out writ. of habeas corpus to have
Frank brought before Judge Hill, of
the criminal division of the Superior
Court, who will pass sentence. l have
not decided what day l will ask for
Frank to be presented to the court
for sentence"
The Solicitor said that he had been
fully eXpectant of the affirming of
the lower court by the Supreme Court
justices.
Chief of Detectives Lanford re-
ceived through The Georgian his first
news of the Supreme Court decision.
Its just decision and just what
Atlanta Georgian., 1914-02-17

cause, arising from his desires and
the effort to accomplish them
What did he mean by mot being
built like other men?" AS testified
to by this witness, II was something
that he knew and the witness which
Indicated ahnormality. 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 ~ reason why the Jury
should be left in the dark in regard
to it.
Smle 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-
| cu5ed said 10 him about the time of
| the homicide You know what l al
ways carry in my pocket"
Would there be any doubt that the
| witness would be ALLOW ed to testify
that the accused had previously in
/ formed him that he always carried a
| pistol. or had on previous occasions
exhibited 20 him "a pistol in his pocket.
or on the trial OF one accused Of gam
/ bling IN a certain room. or Of keeping
gambling house there. II the state
should introduce 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 20 the
/ witness that the latter do what he
always did in that room. would il be
/ coutended that IL would not be COM
1 petent to show hy the witness that
/ The accused and others on previous
uCc7 7siors had Eamhlcd i'm the room
while he was watching for them as
I explanatory of the inCulpatOry state
/ ment OF the accused2
Threw Light on Deed.
I This evidence was not adms ssihle
| merely because IL may have shown
/ previous improper conduct or crimi-
, uality on the part of Frank discon-
/ ueCted from thu crime of which he
was charged but because It threw
light on the transaction under con-
siueration and tended 20 explain what
no said and did on that occasion, as
Atlanta Georgian., 1914-02-17
Ruling on ROan's Doubt
And Jim COnIey's Story

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-
cerning these all-im portant 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, 81 want you to
watch for me like you have been
doing the rest of the Saturdays" or
as you did other Saturdays"
He then asked. Now, tell what
kind of work you had done for him
the other Saturdays" and in answer
10 this and other questions the tes-
timony was brought out in reference
10 the practice of the accused to in
dulge in lascivious conduct in his Of
fee 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
presence at the factory at the time
when the crime was committed and
as explaining his peculiar opportu-
nifty for knowledge in regard 10 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 il was competent TO
show how he had watched and for
what purpose on other Saturdays
Having testified that the accused
had made reference 10 what the wit
ness had done formerly I'm directing
him what he was then 10 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 10 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 eN-
planning TO him the situation, the ac-
cused stated that u wanted to be
with the little girl. and she refused
me, and ! struck her and J guess
struck her too hard. and she fell and
hit her mead against something and ]
don't know how bad She got hurt Ot
course, YOU know that ] am not built
like other men"
Showed Aeeusod's Desire
According to the witness here was
3 e. statement by the accused iu con-
nFcuon with the homicide and its
Atlanta Georgian., 1914-02-17
Society Folk in PLAY
At Grand Next Week

The date for the society presenta.
ton of Nat Goodwin's play, "The Ge.
MUS" by the Players Club of Allan.
ia has been fixed for Tuesday of ney
week, at the Grand Opera House tn,
proceeds of the clay are to go to m,
construction of a hospital for neerp
patients suffering from contagiou,
diseases.
In the cast will be Marsh Adair
Frank Taylor, Wallace Draper. Ham.
ilton Douglas, Jr, Dana Belser
Charles w. Weller, C. F.. Barawitz
Miss Jessie Mckee, Miss Aline R
Barnes, Miss Virginia Bowman. Mrs
r. T. Small, Miss Helen McCullougF
and Mrs. C. w. Weller.
Atlanta Georgian., 1914-02-17
FRANKS PROSECUTION
FOR PHACAN TRAGEDY
AN EVENTFUL SERIES

Following are the dates in the
famous Frank case showing how
the events from the day of the
tragedy to the present time have
covered ten months:
April 26-Mary Phagan killed.
April 29-Leo Frank arrested.
July 21.-Frank put on trial.
August 25-Frank found guilty.
August 26-Frank sentenced to
die.
October 22-Argument for new
trial.
October 31-Roan refuses new
trial.
December 15-Hearine before
Supreme Court.
February 17-Supreme Court de-
cision.
Atlanta Georgian., 1914-02-17
ROSSER AND ARNOLD
BEGIN AN EXHAUSTIVE
STUDY Of DECISION
Continued From Page l..

their move understood that immediate steps will be
taken stay Franks execution 1t regarded likely
that the will be appealed again before Judge Hill has the
opportunity passing against
for the second time
II haven't anything say the subject
ser's reply to a request for a statement.
Reuben Arnold said that the prepared
make of its plans until the lawyers had thor
oughly reviewed the decision of the Supreme Court
Attorneys Rosser mad Arnold Capitol Tuesday
forenoon going the lengthy opinion and planned
O'Clock finish When they gone carefully they
will their move.
Atlanta Georgian., 1914-02-17
Justices Fish and Beck
Give a Dissenting Opinion

Justices Fish and Beck. in their dis
senting opinion. confined themselves
for the most part to the vital contests
concerning perversion evidence and
the ruling of Judge Roam. They said:
In the case at bar the other jus
tices say In the prevailing opinion that
the evidence OF Conley as 10 prior
acts OF lasciviousness on the part uf
defendant with other women was
properly admitted In evidence because
they tended to show common
Atlanta Georgian., 1914-02-17

scheme or plan OF related offenses.
We take issue with them on this prop
osition In reference To the error Of
admitting evidence of other offenses
as showing a design or plan. or sys-
TEN, on the part of the defendant &c
commit the crime for which he is on
trial Professor Whigmore says: 'Th,
object here is not simply to negativ,
any innocent intent at the time of th
act charged. but To prove a pre-exlst
ing design, system, plan or scheme
Atlanta Georgian., 1914-02-17

for the parts Coney
strike them that the was overruled.
The testimony Cne point
preucia pertaining
the issue"
Evidence this defendant,
is incompetent, the opinion
THE defendant prepared only
made him the Indictment
testimony, parts Con branded should be
that Jurors of their lack of technical training,
to attach undue matters
Atlanta Georgian., 1914-02-17

exceptions and
The dissenting opinion further
of
with other properly admitted in evidence
related We take on
this proposition
wealth of xmpifcation
that permitting Coney testify his
Phgn,
ion O
Atlanta Georgian., 1914-02-17
Woman Lawyer in
100000 Case Wins

WASHINGTON, Feb. 17.-Mrs
Elizabeth Prall, acting as her own
attorney, won victory by having
new trial ordered in her ejectment
suit against her husbands sister in
a 100000 case.
Mrs. Prall is seeking possession of
the estate of her husbands father.
Atlanta Georgian., 1914-02-17
lSH AND BECK TELL WHY THEY FAVORED NEW FRANK TRIAL

The opinion Fish
daing with Frank of with other
Justices Fish and Beck this testimony admissible
of the guilt of Frank the Mary Phagan The
we with the Of this
division tenth ground wherein the refuses
dealing degenerac
The dissenting then that motion made by
Atlanta Georgian., 1914-02-17

what had been done by the trial court
This decision is a thorough yindica
ton of the State and of the worl
done by the detective department
am sure the public will be satisfied ;,
Atlanta Georgian., 1914-02-17
Time of Re-sentencing of
Frank Depends on DOrseu

had expected all along" was his
comment. Il have never had a fear
that the Supreme Court would undo
Atlanta Georgian., 1914-02-17
Request TO Charge.

The lower court declined to give the
following request To charge: mo
presumption can arise against the de-
fendant because Of failure TO cross
examine any witness put up by the
state. that the defendant was guilty
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-09-18
BRITISH ARE SUSTAINED
FOR GOING INTO WAR
Fifty Best Known English Writers
Agreed Action Was Defense
Of Their Honor.

LONDON, September 1s.-Fifty of the
best known British authors, among
them men and women of most diverg-
emit political and social views. have
signed a declaration In which they say
that they are all agreed that Great
Britain could not. without dishonor.
have refused to take part in the pres
ent war"
The signers include Rudyard Kipling.
H. Granville Barker. Sir J. M. Barrie.
Arnold Bennett, Robert Bridges, q. K.
Chesterton. Sir Arthur Conan Doyle.
Sir H. Rider Hagsard. Thomas Hardy.
Anthony Hope Hawkins. Jerome K. Je-
rome. Henry Arthur Jones. H. 6. Wells
and Mrs. Humphrey Ward.
After reviewing briefly what they
claim are the causes which led to the
war, they say:
when Belgium in her dire need ap-
her pledge. this country's course was
clear. She had either to break the
faith by letting the sanctity Of treaties
and of treaty rights of small nations
count for nothing before q threat Of
naked force, or she had to fight She
did not hesitate, and, we trust, she will
not lay down arms till Belgium's in
tegrity is restored and her wrongs re-
dressed"
The declaration closes with the state-
ment that Its signers feel bound to
support the cause Of the allies with all
our strength, with full conviction Of
its Righteousness and q deep sense OF
tts vital import to the future OF the
world"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-09-18
OLD FRIEND TO RETURN
IN THE SUNDAY STAR
Sherlock Holmes, Greatest Of All De.
tectives, Solves Mystery Of
"The Valley of Fear"

Westinghouse are anxiously await
ing the return Of an old friend te
their. midst Sunday. Thousands OF
welcoming hands are impatiently wait
ing to grasp, dguratively. that of one
whose name is familiar in every house
hold and who, during the last decade
has brought more entertaining. nys-
tifysng. pleasant hours to the majority
of fiction readers. probably. than has
any other fiction character.
Sherlock Holmes. the greatest Of al
detectives: Sherlock Holmes. the mas
ter mind before whom all mysteries
fade as the mists before the MONDAY
sun, is to return Sunday. THE Val
ley of Fear" the latest tale in which
the great solver Of mysteries Is depict
ed by his creator, Sir Arthur Conan
Doyle, begins Sunday in The Star Mag
azine section.
been declared by that select few whc
have already had the pleasure n, 20 o.
wonderful Sherlock Holmes tales. 1t
is vivid, it is strong. 1t is mystifying
it is typical of Sir Arthur Conan
Doyle In all that that means. The tale
is more realistic than any that have
preceded It; the personality OF Holmes
is injected to q greater extent than
in any preceding Sherlock Holmes
aThe Valley of Fear" is a serial
because the story Is too large one &c
be condensed: Is too interesting Q
Just how spellbindinE. how interesting
how gripping 10 "The Valley Of Fear"
can only be known by reading the
story.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-09-18
BELGIAN KING PRAISES
BRITISH FOR COURAGE
Confident That Atrocities on Peace
full Citizens" Will Eventually
Be Avenged.

LONDON, September 49, King
George yesterday received the follow
ing telegram from the King of the
Belgians:
Il desire to congratulate you most
heartily on the splendid action of the
British troops at the battle of the
Marine. In the name of the whole Bel
gian nation express to you our deep
est admiration for the stubborn cour-
age of the officers and soldiers of your
army.
God will surely help our armies TO
avenge the atrocities committed on
peaceful citizens and against a coun-
try whose only crime has been that
she refused to be false to her engage
ments."
King George, on receipt Of the tele-
gram, sent the following reply to King
Albert:
IT thank you most sincerely for your
kind telegram. and for your apprecia-
ton for the services of my troops. !
earnestly trust that the combined
operations of our allied forces In COM
bination with your brave army, whose
heroic efforts are beyond all praise,
will meet with continued successes
and will free your much-trted country
from the invader"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-09-18
Probable Vehicle for Publicity.

bassador Won BernStorn Of Germany,
as was the case in the statements of
Sir Edwin Grey to Ambassador Page.
Probable Vehicle for Publicity.
To all appearances, 1t is declared in
some quarters today. the efforts Of the
President for mediation are being
used as a vehicle for publicity purposes
on the part of foreign nations that
want their side of the war to reach
the American people in advance of
eventual official information.
Under these circumstances high Of
ficials see the pathway to the peace of
Europe blocked at every turn by
shrewd publicity methods on the part
Of embassies of foreign countries. who
have learned the arts of trying to
manipulate American public opinion by
the many ways that are possible of
reaching sentiment here. They point
out that the English official attitude
that England will have no peace until
German militarism Is crushed finds 1t
way to the American public before 1t
is officially known at the White House.
and that Germany's claim that she is
peaceful. did not start the war and
must hear from the other countries be-
fore sht can annouce her position
gets to the American public before it
gets to the White House.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-09-18
WOUNDED PRISONERS ACCEPTED
AS PROOF OF GERMAN DEFEAT

PARIS. September IS. 6:24 a.m.-The
many wounded prisoners coming in
from the front indicate that the allies
have made the Germans give ground,
the latter leaving their wounded be-
hind.
The army Of Crown Prince Frederick
William has finally turned on its pur-
suefs at Montfaucon. to the northwest
Of Verdun. encouraged, no doubt. by
advices of reinforcements coming from
the Rhine garrisons, and the line Of de-
Tense 10 now clearly established from
Noyon. sixty-seven miles northeast of
Paris, to Montfaucon.
Germans Menaced In Rear.
In addition to the difficulty of reor-
ganizing their forces to Withstand the
attack on the new line, the Germans
are no doubt troubled about their rear,
The resumption Of activity by the Bel
Gfans means more than that its troops
have had time to rest. and no doubt
there Is good foundation for the many
rumors that King Albert's forces have
been reinforced. though from where is
only matter OF conjecture.
some experts still think that the bat.
tie Is only intended to insure the safe
" OF the crown princes army, which
had great difficulty In disengaging II.
self from the defiles Of the forest Of
Argonne, and is not yet, according to
opinion here, by any means safe. The
prolonged rains also make 1t necessary
TO have more time In which to get the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-09-18

artillery out of the chalky mud of
northern and eastern Champagne.
Intelligence received here from the
front concerning trench work done by
the Germans throughout the region to
the north of Chalons indicates that
these protective works have been con-
structed in a most extensive manner.
The infantry trenches are from three
to four feet deep and have been ar
ranged In parallel lines with connect
ing cuttings. The artillery is pro-
tected by double lines of embankme nt
twenty yards apart, and earth shell
tiers have been constructed for the
protection of the men while they Sleep
These extended works make the ad-
vance of the allies slow.
Wanted to Enter Paris.
/ Among the wounded prisoners in the
hospital at st. Mandrier Is the Count
of Hohenthal and Bergen. a lieutenant
In the Saxon cavalry Of the Imperial
Guards. and son OF the Saxon min
lister Of foreign affairs, who was a
prisoner at Pont-a-Mousson
At the hospital at compeigne a nom
commissioned officer named Won Putt
kamer. the son of a German states
man, died after several days in agony.
He was wounded in both eyes by frag-
ments of shells. one arm was crushed
and there were also bayonet wounds
In his thigh. Won Puttkamer begged
the surgeons to save his sight, as he
wanted to go to Paris with the rest
of the troops.