Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1918-03-19

no more. The woman in Scripture had
sinned against NOBODY but herself. The
woman christ forgave waS not a DIack-
mailer she had not tried TO drag
down the name of a gOOd man.
Mrs Hirsch must be tried in this
case on exactly the same oasis as a
man. 1t is a disgrace when wotlen are
turned loose on account of their SEX
L am not asking you for proba-
ton. 1 am asking you to do your
duty regardless of the consequences
When you return a verdict that is not
right, it constitutes approval of the
crime committed. Mercy is murder
when it pardons one who kills What
can you gentlemen do but go out and
convict this woman? You can't con-
lure up a doubt when no doubt e1-
lists.
Did Mrs. Hirsch want Mayor Cam
dler to stop Cook from telling about
this alleged Immoral transaction? No
she did not She wanted to impress
on him that Cook knew all about 1t
Imagine any decent woman admitting
her shame when there was no one to
dispute her denial except q hobo HSs
J. W. Cook. To defend Cook, she has
brought into the case her own shame.
She leads herself into the SHAMELESS,
and approves and permits the indigni-
ty. She has convicted herself. She
tries to pose as a martyr, refusing to
accept bail because she preferred to
stay in Jail, thinking her confinement
would appeal to public sympathy. But
you, gentlemen. will try this case not
on the basis of sympathy, but strict
Justice
Judge Begins Charge
Solicitor Boykin wound up his argu-
mediaJeIy began his charge to the jury.
Judge Hill addressed the jury for
about twenty minutes He stated that
an indictment does not constitute evil
dence and in their determination of
the case they should not consider the
verdict in the Cook case. He said they
should disregard all remarks and COM
ment by attorneys except those bearing
directly on testimony, should disregard
all appeals, and should listen to two
voices only. the voices of law and
of fact.
If any juror listens to any other
voice" said Judge Hill, "he dishonors
his position, disgraces his state and de-
stroys legal obligations"
Attempted blackmail, ne stated, may
be committed in two ways, either by
direct accusation or by.a threat TO ac-
cuse for the purpose of eXtorting mon
ey. The burden of the proof is on the
state. First. he directed their atten-
ton to the charge Of cons piracy, which
crime is an agreement to commit an
unlawful offense. Conspiracy is a
subtle thing. he said, and can be de-
termined by conduct, acts or declara-
tions.
Demand Not Necessary
IF you believe a conspiracy existed
for the purpose of exttorting money
from Mr.. Gambler said Judge Hill,
"then any act by either party is
chargeable against the other party. II
you believe a conspiracy existed, your
duty will be to find Mrs. Hirsch gull
ty. But suspicion is not enough. The
evidence must be strong enough to ex-
clude any reasonable doubt. The ques-
ton of morality is not to be consid-
cred, although an untrue charge of i'm
morality against Mayor Gambler is as
bad as blackmail If a man suspects
that a crime is about to be committed
against him, he has the right to I'M
cover the plot of the conspirators. The
express demand for, money was not
necessary. IF their actions showed
that it was their purpose to extort
money, then she is guilty. But if no
conspiracy existed, and Cook caught
them, or pretended to catch them, and
Mrs. H1rScn submitted 10 the dccuSa7
ton. and joined him and thereafter
acted with him, she would be equally
as guilty as he.
IF you believe beyond a reasonable
doubt that these people engaged in an
attempt to extort money from Mayors
Gambler. you should Convict"
Judge Hill then called their atten+
ton to the fact that the law is tbs
same for men and women, white ana
black, young and old
Case Goes to Jury
He said courts and juTies can be no
respector of persons. They cannot
swerve from the law and the evidence
They should leave reprieves and par$
dous to be handled in the state capi-
toll.
Il alIude to that" said the judge
Just here because I do not want YOU
to be moved by the appeals of coun%
sell l do not want their appeals to in+
fluence your finding. I caution you to
remember that because this defendant
is a woman has nothing to do with this
case. I caution you to remember also
that because Mr.. Gambler is mayor and
a prominent citizen and philanthropistS
should not Influence your decision.
The defendant has made her state~
ment Under the law of Georgia, yoU
NAV believe this statement or any part
of it as implicitly as you do the evi-
dence."