Monday, 25th August 1913: Dorsey Riddles Franks Own Statement In Final Plea, The Atlanta Georgian

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Crowds Outside and Inside of Court Vociferously Applaud the Solicitor

DEMANDS LEO FRANK BE SENT TO GALLOWS AS MARY PHAGAN'S SLAYER

Refreshed by the week-end recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.

The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to stop his stirring argument Saturday and ask Judge Roan for a recess.

Solicitor Dorsey was vociferously cheered as he entered the courthouse by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.

Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a similar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.

Mr. Dorsey began his speech in a low, hoarse voice.

"Your honor and gentlemen of the jury," he said, I regret the necessity for having to carry this case over into another week and through another Sunday. I might have been able to have finished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."

Begins to Riddle Frank's Statement.

"When we close proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going to any exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."

"The defendants stated after this honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Mardx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top float and see him surrounded by policemen, reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."

"If they could have proved if by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have braved policemen, snapshotters to have seen him?"

Arnold jumped up.

"I object," he said, "to those outrageous references to his wife. I have sat here in silence during many of his unfair remarks, but to bring in the wife of this man who is on trial for his life is an outrage on law and decency and fairness."

"Let me see," said Judge Roan, "the evidence on which you are speaking, Mr. Dorsey."

Dorsey Fires Hot Retort at Arnold.

"Let the galled jade wines," said Dorsey, sarcastically.

"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."

"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and reporters and that she did not want to go through this line of newspaper men every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabid or anyone else."

"Let us see who first found out Conley could write. Frank said, 'I was the man who made this discovery. I was the means of getting this Information to the police. I have received too many notes asking for loans not to know that he can write. I know that if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."

"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body-why didn't he then and there say that that was Conley's handwriting? Tip to the time that it was discovered that Conley could write Frank had said nothing. It was only through the work done by the detectives and the fact the Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."

"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"

Dorsey turned to Frank at this point and said:

"You did know that he could write. You knew that if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"

"You saw him at the police station and even then never mentioned that he could write."

"Frank says that after this visit of Conley's to the jail, after Conley had gone to the factory and gone through his pantomime at the time almost exactly to the minute that he said it took, that on this visit to the jail he said, 'I told them if they would get the permission of Rosser that I would face Conley.' Now, gentlemen of the jury, Mr. Rosser was at Tallulah Falls that day. Therefore, there was no chance to get his permission that day. But Mr. Rosser was at Tallulah Falls that day, and when he got back did he allow Frank to face Conley? No, he did not."

"Gentlemen, you know it is true that never in the history of the Anglo-Saxon race and in the history of the African race has an ignorant, filthy negro ever accused a white man of crime where the white man was innocent and the white man decline to face the negro. There never lived in Georgia a lawyer who possessed half the ability of Rosser who sincerely believed in the innocence of his client who would not have said to this negro. 'Face my client.' You may say here that you did not know what Conley's statement was going to be, but you could have found out. You could have known."

Rosser Objects To Being Criticized.

Mr. Rosser was on his feet with an objection to commenting on counsel. After a moment's wrangling, Mr. Dorsey insisting that he had a right to commont on the action of the defendant's counsel charging the facts in the record justified him. Judge Roan sustained the objection.

"But they see the force of it," continued Dorsey.

"Now, I don't think that's fair, your honour," said Rosser, interrupting again. There was another minute of wrangling, both Dorsey and Rosser speaking at the same time. Judge Roan again sustained Rosser.

Dorsey turned to the jury, and slapping his hand viciously on the ceiling, shouted:

"If they don't see the force of it you do."

Rosser objected again.

"I insist, your honor that that is entirely proper comment. I ask you, am I outside the record? I have a right to comment upon their conduct in declining to cross-examine witnesses."

"You may comment upon the act of Frank," interrupted Judge Roan, "in not facing Conley and upon his counsel not having given the permission, but it is not proper for you to comment upon why counsel for the defense did not do certain things."

Dorsey turned to the jury:

"This man Frank with Anglo-Saxon blood in his veins, a graduate of Cornell, a man of sense and intelligence and spirit, refused to see Conley because his counsel was not in town. But when his counsel returned and he still had the opportunity he dared not let Conley meet him. It is not necessary to take up this discussion. Would the weakest of you when innocent and wrongfully accused by a man with a black skin on the charge of murder let Rosser or any lawyer in the world keep you from confronting him and sailing the lie. No lawyer of any age or clime could prevent me from meeting a man, be he white or black, who had wrongfully accused me."

Pointing his finger at Frank he continued:

"You want in a room and interviewed Leo Frank on his way."

This photo was snapped as Frank left the Tower.

Frank always is nattily attired, and walks briskly from the auto which brings him from the tower to courtroom.

The accused never is handcuffed to the Sheriff, as are men considered desperate prisoners. viewed old Newt Lee down at the police station at 12 o'clock at night. What did you do? Did you act like an innocent man who was trying to get at the truth? Oh, no!"

Declares Frank Dared Not Attack Negro Lee.

"Instead of going after him and trying to get from him new light on his case-this man at whom you had pointed an infamous suspicion to save your own neck and to save your reputation on Washington street and in the B'nai B'rith-according to Lee, you hung your head and quizzed him not, but said: 'If you don't tell more about this we'll both go to hell.' Then in your statement to the jury, you tried to make it appear that your own detective, Scott, had concocted a scheme against you and lied about what happened."

"The reason Frank didn't put it up to Newt Lee was because he knew Net Lee was innocent. He knew he was guilty and he was only adding to the dastardly crime of assault on the virtue of this little girl by trying to break the neck of this old negro to save his own reputation and neck."

"Listen to his statement. He is smart. Listen how he qualifies and fixes so that when we come back with rebuttal the technical law will protect him. Old Newt Lee had been night watchman at that factory only a few weeks. There had been other night watchmen before, and the charges of going into the place for immoral purposes were during the time before Newt Lee came. He knew the detectives had charged that people had gone in there for immoral purpose but in his statement on the stand, he confined his denial to the time Newt Lee was there as high watchman."

"No, during the time old Newt Lee was there, there was but one person for whom your passion burned," the Solicitor continued, turning to Frank, little Mary Phagan. She never would go there with you. But if you were telling the truth, why didn't you make a bold and emphatic statement that none had ever been there. It was during the summer previous that Dalton and the others testified of the immorality there. There was the chance for impeachment of his statement, and yet you tell me that that's a good, fair, frank statement."

"Now, another thing, listen to this, I read from the defendant's statement, 'Now, in reference to those spots claimed to be blood spots found by Barrett, I don't say they are not blood. They are near the ladies' dressing room, and we also have many accidents near there. Let me say in connection with those accidents near there. Let me say in connection with those accidents that not all accidents are reported. Only those which incapacitate an employee are reported. But I say it might have been blood. It also might have been aniline dye or paint. I have seen girls drop bottles of this colored matter, btu if it had been fresh blood or fresh paint, the gasoline which was spread over it would have become pink or red instead of remaining white.'"

Why Didn't They Bring in a Chemist?

"But I ask you if the gasoline would not have produced the identical result, which the witnesses say was produced? Why didn't you bring before the jury a reputable chemist and a man who would have sustained you in this contention. If you had time to bring in experts to attack the overwhelming evidence of Dr. Roy Harris, why, in the name of truth and justice, didn't you bring in just one chemist to support your theory of the blood spots?"

"You know the reason. You know they were blood spots. You know that you didn't bring in a chemist because the result of spreading the gasoline over blood would have been exactly the result that was produced in the dressing room on the second floor."

Dorsey turned toward the jury at this point and asked:

"Are you going to take this man's unsupported word when his lawyers are unable to get any reputable chemist to come in and stultify himself by declaring that those spots were not blood or that the result produced was not that of spreading gasoline over fresh blood?

"This defense can not-they haven't got any defense. They circle and flutter, but never light. They grab at varnish, rat blood and Duffy's blood, but they never knuckle down to show that it was not blood. In view of the statement of Mell Stanford, who swept that floor and who says it was not there Friday: in view of the statements of Christopher Columbus Barrett, who, despite what they say, continues to draw his livelihood from the corners of the National Pencil Company; in view of the statements of a great many others who went there to see the blood spots, can we get but one solution of the matter? I say you can not."

"Then they fly onto another subject? It is the way they claim Jim Conley took that body into the basement. But, gentlemen of the jury, you know, and they know, that this body wasn't taken down that scuttlehole. It did not show there where the dust was thick. And then did he shoot her down the cute of the Clark Woodenware's place, where the body would have been concealed better and longer than where the body was found? Did this negro, who, they say, robbed this girl-even if he had taken time to write the notes, even if they had hit her with a bludgeon-do you think, gentlemen of the jury, that he would have taken the time to tie a cord around her neck-a cord seldom found in the basement except when it was swept there with the trash, but the proper place for which was in that metal room on the second floor, where little Mary Phagan met her death? If he had done all that-after he had sent her body down the cute-why would he have gone down into the basement and have removed the body from its safest hiding place down there at the bottom of the chute, where the dust, trash and boxes would have kept it concealed for weeks at least? Why would he have removed it out there near the oiler, where the firemen and everyone else would have been sure to find it?"

"I tell you, gentlemen of the jury, that body was never sent down that chute; that body was never sent down that scuttlehole. It was taken down into the basement just as Jim Conely says it was."

"They fly off onto other things. Why, on May 1, when Holloway caught Jim Conley washing his shirt, he said, 'This is my negro.' Fifteen days later, when the second squad of Pinkertons came in, can you tell me, will you tell me, why if he shoved her down that hole, that not until the 15th of May was this bloody bludgeon found, and more blood than this girl has ever been shown to have lost was there?"

"Another thing, Frank said in his statement that this man Quinn came to him and told him he would like to take him back to the metal room, where, the newspapers said, and where everybody else said, and knew that morning, that some blood and some hair had been found."

Stresses Fact Frank Hadn't Examined Spots.

"Although he had seen this in the papers, although he had heard from others in the factory that the spots and hair had been found, although he had been all around there, although the knowledge of the finding of these pots and hair had torn him to pieces, although he was so anxious to get the detectives to work on the case that he had phoned Schiff three times, yet Quinn had to come and ask him to come back there to see the spots."

"Tell me, was that the conduct of an innocent man anxious to help the police? But, strange to say, not even Lemmie Quinn comes to support you in this statement. No one ever saw Leo M. Frank go back there to examine those spots."

"If there was ever a spot on this earth that Frank did not want to see it was the blood spot back there in the metal room, the spot where this little girl met her death. If Frank went down there to the morgue and the sight of that little girl tore him to piece as he tells you it did, let any honest man on this jury tell me why it was he wanted to look upon her dead body again."

"Rogers says he didn't look at it. Black, says he didn't see him look at it."

Attorneys Arnold and Rosser entered strenuous objection.

"Rogers did not say that Frank did not see the body," said Arnold.

Dorsey: "It is in the evidence. I am not going to quibble with you. It is the truth and you know it."

"When Frank came into the room," continued the Solicitor to the jury, "he did not see her. And if he went into that room, neither Rogers nor Black saw him look at her."

"I tell you, the truth is that Frank never looked at the body of the girl again. And even if he did, it was but a glace as the electric lights were switched on. He turned and went into another room."

Arnold interposed another objection. "Your honor," he said, "nothing has been said about Frank going into another room."

Dorsey: "It has. It is in the record, Rogers said it."

Arnold: "It is not in the record."

Dorsey: "I say it is in the record and I challenge you to produce it."

"We don't have to produce it," returned Arnold.

Arnold: "We object, your honor, to him saying that we are quibbling."

Judge Calls Halt In Bitter Clash.

Dorsey: "Well, why don't you look it up then?"

Arnold: "Your Honor, we object. He has no right to go in this manner."

Judge Roan: "Mr. Dorsey, you must not say they are quibbling unless they are. If it is in the record, they are not quibbling unless they are. If it is in the record, they are not quibbling. If it is in the record and they say it is not, then they are quibbling."

"If Frank ever looked that face," said Dorsey, "and I challenge the statement. It was so brief-if she was dirty and begrimed, her hair bloody, her features contorted-if he didn't know her better than he would have you think he did, he never could have identified her."

"Why did he go back there Sunday afternoon? He had been in the bosom of his family and failed to show any nervousness. He said himself he was torn all to pieces. He went back there to put his ear to the ground-to see if there were any whisperings accusing Leo Frank of the crime."

"Rogers didn't see him look at her. Black didn't see him. He himself said the sight tore him to pieces."

"On the way to the police station he trembled on Darley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly sight. I ask you if he didn't go back to see if the police suspected Leo M. Frank?"

"He admits his nervousness in the presence of the officers. The Seligs said he was not nervous at home."

Rosser interrupted: "I have the record of that evidence. The question was: 'You now say he went into that dressing room?-A. I wouldn't say. He passed out of my view.'"

Dorsey: "That's cross-examination."

Rosser: "Yes, but it's the truth."

Dorsey: "All right. I am glad you corrected me. The gist of the matter is that he didn't look at the body of little Mary Phagan."

Rosser: "He's wrong about that."

Dorsey: "Take it your way. I am going to throw you that piece of sop. The point is, Frank wanted to get out of the way of the officers. If he went into that room, it was so brief a time, that nobody saw it. He was afraid of anyone who represented the majesty of the law."

Reads Joke to Assure All of Self-possession.

"Out home Saturday night he wanted to assure every one of his self-possession by reading a joke. The laughter was the laughter of a guilty conscience. It jarred. He wasn't nervous at home. But he trembled when he had to discuss the matter with the minions of the law."

"Frank was nervous when he went to run the elevator. He stated he left the box open because of the request of a member of the fire department, who had told him that in case of fire, there was danger of the firemen being shocked if they could not cut off the power."

"Why was that necessary when it was so simple to get the key and just by turning the handle, open the box. Why didn't they bring firemen here to substantiate him? Old Holloway told the truth when he made that affidavit in my office when he said 'Old Jim Conley is my nigger.'"

"The true facts are when Frank came down to that elevator Sunday morning, the box was open, and the key was in his pocket."

Rosser: "Now, your Honor, there isn't a bit of evidence to support that statement."

Dorsey (as one of his deputies handed him the record): "Your Honor, the evidence sustains me in this case, just as it did in the other. I am going to read you Boots Rogers' direct testimony: 'I didn't see him in the room, but I saw him turn into what I thought was a closet, but afterwards found it was a place where someone slept. There was a bed in there.'"

"I don't care what he led out of him," answered Rosser: "I read him the cross-examination, which was the truth."

Judge Roan: "Mr. Rosser, don't interrupt him as long as he stands by the records."

Dorsey: "Yes. I want him to interrupt me. I don't want to misrepresent this case. There is enough straight evidence. I don't want to mislead this jury."

Judge Roan: "I just wanted to know whether you meant the statement that the key was in Frank's pocket as a deduction or a statement of evidence?"

Rosser: "That's what I am objecting to. He stated something that was not so. I don't mean that knew it was not so."

Waives Point As Immaterial.

Dorsey: "I don't care anything about that point. It is my recollection that it is true, but I waive it as immaterial."

"Frank says that after looking at the body he identified it as that of the little girl who had been up the day previous and got her money. He went back to the factory, unlocked the safe, got out his books and found out that there was a girl by the name of Mary Phagan who had got her money the day before."

"This made it impossible for a mistake. He might have added, 'I found her back in the metal room. I made my lascivious proposals to her. She refused me, I struck her too hard and knocked her unconscious. Realizing my predicament, I choked her to death. I had made her envelope out 52 times a year. I had passed her machine every day that she worked. I had called her by name. I had placed me hand on her should.' Of course, it was Mary Phagan. There could be no mistake."

"Frank said in his statement before you. 'Geesling turned her head toward me. He put his finger in the wound on the back of her head. Her face was scratched. Her right eye was blackened. Her tongue was out and there was a deep indentation in her neck. There was blood on the back of her head. Her face was begrimed and dirty.'"

"Do you mean to say that in that flash that Frank took at the face, if indeed he did take any glance at all that he could have comprehended all this detail?"

"Is Detective Starnes a perjurer? Frank said that in his conversation with Starnes the morning of the murder, he asked over the telephone: 'What is the matter; has there been a fire at the factory?' He said that Starnes replied: 'No, there has been a tragedy and we want you down right away.'"

"But Starnes testified that he never used the word 'tragedy.' And that he gave Frank no intimation of what had happened. Again, it has been imputed that the detectives and police force have centered all their activities against Frank, and they have refused to hold any theory which involved anyone else. But if they had been looking for the easiest man to convict, wouldn't they have picked out someone else than Frank?"

Easier To Have Picked Some One Else.

"It would have been easier if the detectives wanted to move along the line of least resistance to have picked out Newt Lee, Gantt or Conley."

"Again, Newt Lee says that Frank called up Saturday night-something that he had never done before. Frank says that he asked about Gantt; that he asked if Gantt had left the factory yet. But Newt Lee says that Gantt's name never was mentioned, and that Frank only asked if anything had happened at the factory."

"Frank had instructed Newt Lee previously not to let Gantt in, whether because he did not want Gantt to see him talking to little Mary Phagan, I do not know. But when he called up Newt Lee that night, you know it was not so much to find out if Gantt had gone as to find out if Newt Lee in making his rounds had discovered the body of the dead girl."

"Frank's lawyers asked you, 'Would you convict this defendant on this circumstance, or on that circumstance?' No; but I would put all these circumstances together and I would say, inconformity to truth and justice, that they bound an unbreakable strand about this man. They make such a rope, such a strand, such a cable, that it not only is impossible to conceive any doubt at all."

"Frank was in jail. He made a statement that he didn't leave the office between certain hours. Frank didn't know that his own detective, Harry Scott, had found Monteen Stover, who went to the factory that day and found Frank absent."

"In his statement before you, Frank tried to get around this by saying that he had no recollection of leaving his office, although he may have done so unconsciously as men often do. But I tell you that if he had not been back there with Mary Phagan, Monteen Stover would have seen him and got her pay."

"Harry Scott, working with the city detectives, asked Frank these questions: 'From the time that you came back from Montay's until you went upstairs at 12:50 to see Mrs. White, did you leave your office?'" Frank said "no."

"Scott asked: 'From the time that you left Montag's until Mary Phagan came for her pay, did you leave your office?' Frank said 'no.'

Can Not Believe Frank's Story.

"Not until Frank saw the wonderful capacity and the wonderful ability the devotion to truth and right of Harry Scott, did he set him out from his councils. Not realizing the importance of his statement, he told his own detective right in the presence of John Black that at no moment from the time return from Montag's until 12:50 did he stir out of his office."

"Do you mean to tell me that a conscientious jury can believe this man in his statement on the stand which throws aside the story he told his own detective? You can do it, but as you live wherever you go, your conscience will oppress you."

"If you, do it, you lose the peace of mind that goes with a clear conscience and that goes with a knowledge of duty well done."

"He indicated nervousness when he talked to Starnes. When Black went out to get him and he sent his wife to the door, he betrayed nervousness by the rapidity in the form of the questions he put."

"But before that he had warned old Newt Lee to come back at 4 o'clock. Dutiful old darky that he was. Newt Lee was there. He found Frank engaged in washing his hands. He sent old Newt out although Newt insisted that he wanted to sleep, and there were plenty of places around that factory where he could have lain down and had a nap. But no, Frank was waiting for Jim Conley. He wanted him to come back and burn that body so that the police of Atlanta today would not have solved the mystery of the death of Mary Phagan and probably would not have known she was killed in the factory."

Frank Needed to Be Sustained.

"He didn't want Gantt to go into that factory, but met him at the door. Gantt told him he wanted to get a pair of shoes. I was almost providential that Gantt had two pairs of shoes there. Frank hung his head and said he noticed a boy sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted that there were two pairs, he allowed him to go in with old Newt Lee. Lo and behold, both pairs were found!"

"Frank told you how he acted on that occasion. Newt Lee told you how he jumped. Starnes and Black said he was nervous. You say (pointing to Frank) it was because of the auto-ride; it was because you had missed breakfast; it was because of the grewsome sight."

"Oh, he needed to be sustained. He needed someone to support him when he sent his wife to the door. He needed someone to support him when he had her telephone to Darley to meet him at the factory. He needed to be sustained when he sent for Haas. He needed to be sustained when he sent for Rosser, big of reputation and big of frame, dominating and controlling so far as he can, everybody he can."

"And this man Darley we had to get into the enemies' camp to get him. Fortunately, I got on the job early and issued a subpoena for him. Fortunately, Darley did not know he did not have to come, so he obeyed and made an affidavit in my office. Therefore, he came up here and upheld his affidavit in so far as he had to."

"Darley said that Frank was nervous and trembled in the factory. He said he shook like an aspen land when he sat on his lap in the automobile. He said in his affidavit to me Frank was completely unstrung."

"This man called for coffee at the factory, as Durant called for Bromo seltzer; trembling and shaking, he said it was due to looking on such a grewsome sight. Durant explained his appearance from inhaling gas. You tell me these statements of his explain away the evidence of his nervousness? No, you know it was only the consciousness of the infamous crime that he had committed."

"That isn't all. This man Grice was going to catch on the second morning after the murder stopped at the factory and saw him. He swore he was nervous."

Trembled in Shoes at Fear of Scott.

At this point the jury was allowed to retire for a soft drink.

"Old Newt Lee says that when he went back to the factory that Saturday afternoon at 4 o'clock," said Dorsey in resuming his argument "he found the inside door locked. He says that Frank came out of his office and given him instructions. That light down in the cellar that had always burned bright was turned down until it glowed no more than a lightening bug. You tell me old Jim Conley felt the necessity of turning down that light? I tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he had found that Jim Conley wasn't coming back to burn it."

"He turned it down in the hopes that Newt Lee would not discover the body that night."

"And here is Harry Scott. It didn't take an affidavit to hold him to the truth, though I tell you I trembled in my shoes after my experience with Darley. While he was their detective, Scott was one of the most important witnesses for the State. For a time, I was fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his seat; rubbed his face, sighed and drew deep breaths."

"On his way to the police station, Darley, the man next to him in power, said he trembled on his knee that he was nervous and pale; that his eyes were large."

"Tuesday morning, just before he was arrested, if he ever was arrested, Policeman Waggoner, sent to watch him from across the street, found him pacing back and forth in his office. He said that he came to the window and looked out at least twelve times within thirty minutes."

Not Dared To Impeach Kelley.

"I have already talked to you about the time element. The defense has shown that Mc Coy did not have a watch. They have tried to down George Kenly, and there have been impeachments on both sides. They have tried to impeach George Epps, but there is one man for the State upon whom they have not dared to cast suspicion. That is this man M. Kelly, who rode on the same car with Matthews and Hollis from Broad and Marietta streets to beyond Hunter. He says that he knew Hollis and Matthews and that he knew Mary Phagan was not on the car. There is no impeachment of him."

"Mr. Rosser says that he does not care anything about the medical evidence-that he paid but little attention to it. Well, gentlemen of the jury, I am not going back on my praising, and there is nothing more wholesome for the normal stomach than cabbage, cornbread and buttermilk, and it's good enough for any man."

"Rosser's words that he does not care for the medical evidence are belied by the number of men they brought in on this particular evidence. They did not bring one reputable chemist to refute the testimony of Dr. Roy F. Harris. They brought in surgeons and general practitioners. Why, I would not be surprised if their reason or going out to get these general practitioners was not in the effort to get some of the family physicians to bring here and influence the jury."

Arnold objected.

"Your honor," he said, "that is absolutely unfair. It is insulting to the jury."

"I insist that my words are eminently proper," said Dorsey. "I have not changed any fact. I am simply expressing my opinion. I am going to compare the qualifications of the physicians they brought in with that of the experts we placed upon the stand. They went out and got general practitioners, and I am bringing out the fact that there must have been some other reason than any knowledge their physicians might have."

"Go on," said Judge Roan.

"I thought so," said Dorsey.