Evening public ledger. (Philadelphia [Pa.]) 1914-1942, August 17, 1915, Night Extra, Page 2, Image 2

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Cenllmied from fage On
lomoblles passing through their seolldn. Long before daylight the Sheriffs
TThml ifmwrt their cordons.
t Tbo lyncher evidently knew of thin. For when thoy renehod th nwdmpy
gjbiioltfi ttf Little Alvcr, it, wne decided to run no risk of being balked by a
OT( party. It wAn' then planned thnt to take tho prisoner right to the Marl
etta Cemetery would bo Inviting n, brtttle with otTioors. Tho mill Was then tho
jArm selected.
I " The i'n hniif ( RO vnnl (iff thn HnAwoll rood, lilil hot vlslhln from IliO I
r- t.' -- ,- -- ...-. . - .
WilAhwav. Tho nearest form house Ik Soo yards nwoy. Tho place Is loented I
"Jtllrif H TtlffA anil A hn)t Tfrrti thi tinllnHdt ftkmiitflrV I
' trrrtnl Ih His dentb rldd was riot oven tlothcd. Ho wns sleeping In thu cell
JJi6iis,o wlloA llo lynchers nrrlvcd. And when the throng from Marietta
-ft ved tho hanging corpse was clad only In a silken nightshirt wjth tho
drills '!U. 31. F." embroidered over tho heart.
W -m
' - Clad In Sleeping Garment
J JNirri tr itirnm ttfM tifititntvr1 ffla titinrlai waHi fMifTAri ltnMtlrt lilm. A rmntitt
M?k linll lieen tied about Mr liipfl. Ills feet wero danglng about four feet
nibdyte tho- ground. An oak tree was tho gallows.
m-v-- Ueforo d o'clock more than 1000 persons hod gathered to look ort the grim
tSipecfncIe. Tliero were n number df women In tho crowd, many carrying babies
Judge Sulzberger Expresses
Opinion df Frank Lynching
in Aforementioned
Principal Events In Frank'
28 Months' Fight for Life
-ln their arms.
Tho news spread fnat nnd soon nutomobllb partlci began to arrlvo from
Atlanta, Iloswell. Marietta nnd other towns In tho vicinity. Tho road soon
became Impassable, and by 11 o'clock it was estimated that 6000 people were
gathered around the treo from which Frank bung.
'The body was stilt worm when tho crowd reached the scene. Not a shot
had been- fired and thcro was no sign of mutilation. Tho wound Inflicted by
""Creen had been opened up on tho left side of his throat by the contact with
"h0 W H"1"" rope that brought death. Even while tho crowd gathered It still
.pouted a small stream of blood, and tho men who had thus taken the law Into
it- lr own linrJr had disappeared as suddenly as they had arrived at tho
fpl'son. "
Ilody Left HnnginR
To add to the sight's horror Sheriff Hicks, of Cobb County, In whoso
jurisdiction tho lynching occurred, could not bo found, and In his absence tho
""kroner would toko no steps townrd having the corpso token down.
I" Several Hours later It wns still dangling at tho end of tho rope, abovo tho
, pare of thousands of dyes, finally, a member of tho crowd who had returned
j to Marietta called on an undertaker there nnd no took charge of tho rcmnlns
' for the time, being.
It was commohly supposed that the lynchers camo from Cobb County. It
they did they had concealed their movements thoroughly. Thcro was abso
lutely no' 'excitement lr. Marietta Monday. As far ns could bo ascertained,
every man In Cobb County was present or accounted for at his home Monday
i .
MlLLEDGEVlLLE. C2 , Aug. 17,-Whlte
( accd, with terror Leo M. Fran, noicu
i Georcln itrlsonor. was drugged from Ids
j tell In the' dormitory of the Mllledgovlllo
Btatc rrlson Farm shortly before mm
night last night nnd whisked awny by n
mob of 25 men.
. Efforts to, save Frnnk wero directed
T.-. 1.1..1. K.r rw,Tnni- llnrrt. hut
f i . .. I ... Jl .......wl I Will
I decided lo bend evry effort to focnte tho
-.Wjllj three Sheriffs' poe and scores
.. aIi,Imp annrrhtrm nil the trail. thO
' authorities tforo confident of capturing
j the parly of kidnappers, which started
I with Frank, by automobile, In the dlree
i tlon of Eatonton.
j ' ttotoriars' were racing over every
J jtTftch of highway around the Mllledge
! vlllo prlton before daw'n. Hvory telephone
, iyire surroupdlpg tho prlnon for tO miles
j was In enndant u by the county ana
j -Slate authorities A broad net was thrown
! around the prl0n from which It Is ie
lleved:,lt will be Impossible for Franks
kidnappers to encopo
, ' Tlfrc ATTAdliitO.V THE!' PAHM
ft The attack o;i the prison farm dormi
tory, whero Frank and the gther con
, -vlcts were sleeping, wns so complete a
, surprise th.it Warden Smith and Ida force
i f about. 3 guards made not the slightest
i resistance -
j The guards wero in tliqlr bunks on a
aletplnir porch at the rear of the prison
J bdtMlng, when the kidnappers, variously
j estimated at 8 to 100 men, drove up In
i automobiles, made a dash for the porch,
I hapdeurred tho guards, and then turned
I tt.air nttint!nn lo the houses of Warden
! Smith and Superintendent Burke, of the
I Five of tho men In the kidnapping party
wore masks. These nve did most or tno
work. They bound Warden Smith, while
other members of the mob kept their re-
jvolvera trained 6n the warden, tied him,
and left two men to watch while the oth
(ers .prpceeded to the dormitory where
Frame siepi.
Tho same Jio men surDrlsed Superin
tendent TJurke nnd tho two guards, who
era said to have been nalecD on the fronti
' porch of the1 dormitory. Thero .Was a.
short scuffle, In which thu guards' re
t 'volvers wero whisked away. They were
) securely tied Then four men entered
( tho prison.
' When they reappeared thoy were drag.
t sing Frank by Uie keels, according to the
, guards. The prisoner's hair was dlshev-
eled, his night clothes were partly torn
I off, nnd he made vain attempts to say
s something to Uurke as thn mob pulled
r him oft the steps.
1 Several automobiles, meanwhile, had
' pullqd up Jn front of tho dormitory, Two
meo threw Frank Into a rear seat. Three'
others returned to the dormitory.
r- Unknown to the prison authorities th
-Wires to the prison had been cut pre--
vlously, so that an alarm could not be
;.. clvon immediately.
V The Hancock, Putnam and Greene
C County Sheriffs were the first officers to
' be notified and. orranlzlntr nosses. all
mntcd to be 100 shots. Numerous emp'v
lihtol cartrldKo ihclls were picked up
fatcr In tho vicinity.
"I wnn called to the door of my house
Just as I was preparing to retire," fcald
Superintendent J. M Hurke, of tho prison
tprm, and stopped outside.
"Tho moment I had cro8ed tho thresh
old, two strong men grabbed me, and In
ait Instant snapped handcuffs on my
wrists Four othors stood gunrd over
mo with two shotguns, and two with
heay pistols.
"When I remonstrated thej sold It was
no use for me to squirm, nj. they had
come for Leo Frank and wtre going to
get him,
"I told them Frank was not at my
houso and they sold thoy knew thnt, but
they wero going to tako mo to whero
they knew he wns quartered
"I was marched up to the ponltentlnry
building by a guard, whlcn was doubled
as we proceeded
"When wo reached tho oulld'lng n de
mand was made that tho gale be opened,
ahd, when the trusty In charge hesitated,
awaiting ofllclal orders, the kidnappers
began cutting the wires and told tho
trusty that ho would bo killed as soon
us they got In.
"As thu gate was unlocked Night Guard
iiesier came forward, but In, wn Immd-
dlatcly covered with guns nnd ordered
to throw up his hands.
"Halfway up tho stairs J was halted
while hnlf a doien men rushed by mo
and mado u dash for Flunk's room
"Ono of tho prUoncrs, who witnessed
what followed, said four men seized
Frank by his nrms nnd legs, while a
fifth grabbed him by tho hair, and he
was dragged out and duhmed down ihn
Vt hllo I looked on Frank never uttered
a word, but ho evidently suffered In
tensely, and groaned from the pain the
lynchers Inflicted on him bj tho rough
ness with which they handled him In his
wounded condition.
'The members of the mob told me they
did not menn to harm any one but Frank
The wholo thing took hardly tlvo min
utes. Beforo we realized tho enormity
of the occurrence It was a written chap-
j, three attempted to Intercept the party,
S The countryside had been, aroused also.
and fanners were everywhere; on the
At first It was conjectured that the kid-
Dappers might be friends of Frank who
Were trying7 lb get him at liberty.
"We'll take you along If you want to
j go, said on of tne masked men to
I buperlhtsndent Burke. "We'll cut you
f loose after we jitt through with Frank."
Burka shook his head The pair ran
, back to the automobiles, which already
' wtr under way. and disappeared In the
The leader of the mob, before leaving.
; spoke pia.tantly to tho warden, saying:
'You in come along with us, If you
want U There la plenty of room,"
'; 'I m not going anywhere," the warden
5, ranted
Tt leader shrugsea his shoulders and
.4.. i ii Intrt A M.lflMMI- .ft tfrta
l,4MW,V4 ,Lh. ...MbMtVM., Mb ,, ..,,
r, time giving ine oruer to go aneau.
A negro trusty, who had hidden In the
f dormitory when, the mob dragged Frank
' out. tttH Burke and then hastened to tb
heme gt J W. SutterlUId, one of the
iprU n olfK Ul BitterfleM first attempted
f to tilephune ,the warden, but found the
f wli cut Warden Smith drove to &
' nearby farmhouse, from whljh be sent
out tolephoHe oails to the police of all
f tb surrounding towns. .
The kidnappers bad been traced early; (n
th search ro a bridge crowlnj jiltlU
Blwr. t'utnam County, It milts SJ9w
lUtoeton r
A MlUedgavUl ellluen fellows th
yarty In hi automoWU ;to hla rlVM, ai
'roU from . resldeat near the bridge
tat tb tatter counted five auttiawWlM
voroMiog th bridge. Since It t kowi
f bi: the party which left MltWdgtvUte
swej or eni rars, every hhhi w
hiiiio ii was going on I wns liund
cufred nnd under gunrd
"When the crowd had dragged Frank
outside, and was starting off. I asked tho
man who snanoed the hnnriniff r, , .
unlock them, but he laughed and said
if I w-ould accompany them he would
take off the Irons.
"I replied that I was 'damned' If I
would go nnywhere with them.
J.'iThB.,wl"il8 Pr.ocJun was timed as n
well-ordered and methodical proposition
and only, a few words were spoken
Only two of the men wen) masked, but
I did not recognise any of them
leder,tsa?d:hey W" 8tnrtlnS aWay tha
" 'Now, boys, for the swamp.'
i.i7u"Vln l6"8 ,lme ,ha" " ales to
i ' !, yey -wcr8 ofr nnd I could seo
!e"L. 8?ts flah'nf " they wen o?e?
hh,",,t0rr(!.M?.rlw,!tl'er' " 'he road
that leads to Atlanta."
Warden James E. Smith, of the orison
',"". describing the Frank affair, said?
'Isqthjng of this kind wns expected
anil I was spending the night at my home
?d.J.''?.e'J,t l2 the maln 5rl80 bulldlnV. as
1 ",svaliy,d0 u,u," norm' conditions.
. .i, . I";'0"" ' when I was called
to the front door. I asked who it was.
aonn.a ?aZ Z", 8,v,en '" a conciliator;
tone. I did not understand tho name,
hut bi mt Awn m4. ... . M7
r , " " " " who ca eu. rami
'm'vJ1 lVh8 d00r w"h tanura
ptatoh my thBr hncl on ray
When I opened the door a half a, dozen
men with pistols confronted me and
thrust guns Into my face. They com
rounded me to throw up my hands and
there was nothln else to dof
"i1.1- Junolure my wife rushed up
and fell fainting In my arms, and the
men Ordered me to Come on with them to
the comp. My wife Interposed, but they
told her they were my friend and her
eni 1,nd ,th?,t "ho d not be afraid,
but she kept clinging to me.
"Then ono of the men told the rest to
go on, but In a minute changed his mind
and said a few ought to remain with
"They kept me 'covered' for five or six
minutes, then took my pistol, Jumped into
D automobile and were gone.
"It all happened so qulekly that ft is
hard, to say how they carried It out"
"I am iKmnrtelsly at my wa, ..
Frank has not In tha best of healta
when he was roughly dragged from hi
td and carried off. He had not yet fully
(4vtrd from the Injuries UifUeted upon
bin by ere, and was weak and nerv
fWDk b4 only left the hospital yes-
& twin? atede to locate Ue two or tbr ' t$i Hbre be had been visited dally
uu. mmsM eywantly suaairacueo nwr i vt nw u.
latuioi. H wm an hour befota the prison farm
K Jaskaeat. wko Uvea ow the Put. I tUorltle(i war able to t t yMh
oa.ui uMwIs County Ku, reported to I With ta outside world, nnd tU gave
KtWji Umt at bi4 ft jty, tM ! Pliy t ocqMnualty tr it ub ta gat
.. lkr m m Mao tsts VfJik W. nii- i fw RWy with Ll prlitoiuir and to deal
i in hU hvB kwnu mini6t, and shortly with Bll IB the way tbat sukad the-
Arws4 wm sunwa br t k ni- wiwy af bis ijk.
"All clvlllsi-d Stales should titty Georgia
Ahd pray for her."
This was Urn comment of Judge Mayer
fiulrbcrgcr, expressed today In a message
,to tho KvenIno Ledokii In nnawer lo a
request for an expression of his oplhlon
of the murder of Leo M, Frank by n
Georgia mob.
.Lending citizens of Philadelphia,
Judges, editors and merchants, Joined to
day In bitter nrralgnmont of the Stnle of
Georgia and Its officials following receipt
here of the news of the lynching of
Finnk. -
The act was taken lieic almost
unlvcrsnlly as the final proof that former
Governor 8Intnn wns Justified In com
muting Frank's scntenco to life Im
prisonment, because of tho feeling thn
tho mob spirit had much to do will
Frank's conviction
Editors of tho Jewish publications
wero pirtlculnrly emphatic In their crit
icism of the Georgia State official Tho
significant statement wns mndo by Ellis
A. Olmbel thnt tho hnchlng of Frank
wns a stiong nrgument ngnlnit locating
prisons In Isolated sections where thev
cannot be given thn protection thnt Is
their due from tho State.
Tho opinions follow
IConcseth Israel Temple, Broad street
and Columbia avenue:
"M worst fears have come to pass
Leo Frank wns convicted for another
man's crlmo nnd his death was clamored
for lest the guilty porson should bo
found nnd tho bloodthirsty prosecutors of
on Innocent Jew expuscd. If the sus
picion still llngerod In tho minds of think
ing men thnt Loo Frank might have
been guilty, tho attempt nt assassination
n few -weeks ngo and this ilnnuiablc
ticlilnp has removed It
"Notwithstanding thnt Justices of the
Hupi.me Court of Georgia and tho Su
premo Court of tho United States hurt
declared thnt Leo Frank hnd not hnd a
fnir tiinl; notwithstanding that the Judge
who conducted tho trial expressed the
snmc opinion, notwithstanding thnt for
mer Governor Slnton, after a thorough
exnmlnntlon of the record, wns obliged
to commute tho death sentence to llfo
Imprisonment bocnuso ho wns uncon
vinced that the accused wns guilty, not
withstanding thnt almost tho entire
church and press of the hind Joined in
the appeal to tho Ooveror nnd applauded
his courage, Frank's persecutors mennt
to have lno life lo rover their own foul
dcotls, and they cot It.
'Lasting shnme on the State of Georgia!
Once the death sentence had been com
muted to Ufa Imprisonment, the Stata
owed him thnt life. Onco hlB llfo was
attempted they know ha wns In dnnger,
nnd should have protected him from It
Thcro was power enough In that State to
protect him If It had wanted to snvo him
from tho hand of the murderer.
"We cry out against tho barbarity of
European belligerents, but what of our
own barbarity, when such a lynching as
that of Leo Frank, or any other lynching,
Ii possible within tho shadow of the
courthouses, tho churches and the schools
"Wo began with lynching negroes Now
comes tho crime ngnlnst Frnnk, nnd there
Is no telling where lynching mny end
Former Governor Slnton performed a
noble act In commuting Loo Frank's
death sentence and giving him a chanco
to vindicate himself Governor Harris,
his successor, owes It to the name of tho
martyr to leave no stone unturned until
the original persecutors of Leo Frnnk mid
tho perpetrators of this foul murder are
tracked and brought to terms.
"Thus alone can the country be con
vinced that Justice still rules In Georgia.'
DR ni.I MAYER, assistant rabbi of tho
Rodcph Shalom Synagogue, Broad nnd
Mount Vernon streets:
"It Is, perhapB, best to Bay very little
at present in the matter of the lynching
of Leo Frank As an American I feet
that an assault has been committed upon
the foundations of our noble, united gov
ernment, built upon the Ideals thnt not
only kings und rulers, but each and every
Individual Is legally entitled to life, lib
erty and tho pursuit of happiness. Will
tho law talto cognizance of ihls assault?
"As a Jew. I am pained nnd shocked to
feel that not only the restraints or lnvii
nna national law. nut tho 'oe of Ood's
law, spirituality and Justice, are so llttla
In ovldcnco In tho action of somo people
In Geoigla ns to mnko It appear that
Judaism and Christianity hate not been
strllng enough to better men and con
ditions for these muny centurlos.
Whether or not tho law vindicates Its
majesty, we need to ask Ood for strength
to forgive, forget nnd Improve."
JOHN J. SPURGEON, Executive Editor
of tho Public Ledger:
"Not even tho heroic notion of ex
Governor Slnton In saving Leo Frank
from the death penalty has availed to
savo the State of Georgia from a stain
Bhe can never eradicate. Georgia stands
disgraced and the United States shamed
beforo the civilized world."
SAMUEL C WELLS, editor of the Phlla-
delphla Press;
"Tho lynching of Leo Frank Is a hor
rible crime and a disgrace to the State
of Georgia,"
In tho absence of William Perrlne, id-ltor-ln-chlef
of tho Evening Bulletin, this
statement wns made by a member of tha
editorial staff as rellectng the opinion of
"Tho appeal to Judge Lynch in the case
of Loo Frank was not without notice to
tha State of Georgia as the guardian and
guarantor of his life. Not only the mem
bers of the lynching party, but the prison
warden and the executive officials of tha
State who had authority over him, must
nare In tho responsibility for this out
rage, because of their failure to antici
pate and avert a raiding party."
FELIX N. OERBON. managing editor of
tho Jewish Exponent:
"This crime stamps Indelible obloquy
upon the Btftte of Georgia, It outrages
the sense of Justice of every right think
ing man nnd community throughout the
land and emphasizes the sane Judgment
of ect-aovernor SUton In having com
muted the death sentence passed upon
Prank, In that it shows how far-reaeh-Ing
and desperate was the mob spirit
tbat overawed court and Jury and result
ed In the conviction and sentence at the
"Georgia Justloe has been bared to the
ui ins wunu, uuu me oiaie ana its
responsible oflleers face arraignment be
fore an outraged people. This lynoblng
is one of tha most deplorable episodes In
tha history of our nation."
JACOB omSBUHO, president of the
Jewish world Gorawtny:
"The lynching of Frank by the Georgia
mob la suoh an appalling outrage that,
v-ords fail to express condemnation. It
seems that 'mob rule' rutins supreme
in Georgia, and law and order ta a farce.
It is IneonaaivaMa that anything of this
kind oould happen is PeaMylvgnlo.
"Frank u axptattag a sqppoMd erlm
of which there ar grave doubt s to
wbstk h committed it At aay rate
ib taw wsls taking It eourf In htvlag
faun saMHttltted to life impriut fe
OnnM prison ii, eatlUd iwtsvary
April B, llsMry rhewn, ''';
old girl employed In Frank's NallAn.l
IYnfll Fartety, Allahla, Oa murdered.
Aptl! zf'-I.en M. Frank placed Under
arrnl. .. , ...
Mar On eTlrtcnre er wmrn
negre, Frank wn Indicted for murder.
Jnly JB-Trlal of nh.bf5"Jt. , .
Ausn-t xi-Conlrr testing Frank en
trapped girl In h! ehlce, beat her bncon
selniia, then strangled her.
Aunst .V-,iliT fnnd Frank guilt '
murder In llif Aril degree.
AwtTnil 20 .Iiidse Roan sentenced
I'rsnk to die October 1. -Motion for new
trial Med. . .
Hrtolirr 31 New- trial denied.
Felirnsrj- 17, 1011 Oeersla Supreme
Court affirms conviction.
IVbruarr Jl Conlry cenrlcifd as an
October 3 W. M. Smith, lawyer for
Conlrjr, announced nrcro e murderer or
I'hnnsn girl.
Ortnhrr 14 Supreme Court, all mem
bers sltllng and concurring, rtfued to
grant eslraonllnary motion for new trial
In Unlit of newly dUeorered testimony.
November It, S. 7 and December 7
Motions nnd petitions for new trials re
fused by various Judses and courts.
December 0 Frank senlenred for third
time, Ktfcutlon set for inimry ii, 1818.
December 19 JuxUi Newmsn denied
linbrss corpus application.
December S .luntlce I.amar granted
petition of December U and rase was or
drrrd lo Culled States Supreme Court for
February 8, 1015 Frank's esse argued
before full bench of Supremo Court,
April IB Supreme Court refused
Frnnk's petition.
April -Frank petitioned 1'rlson
llnnrd for commutation to life sentence.
May II Senlenred lo die June xlt.
June 0 -Prison Board refused to com
mute sentence.
June 10 Frank appealed to Governor
Mnlnn for rlemeney.
June 21 Unvernnr Nlaton commuted
sentence to lite Imprisonment and Frank
nna spirited away to Rlnte prison farm at
Jul) 11 Threats nnd ntlempts mads to
storm prison to Ijnch Frank.
July 17 Frank stabbed while sleeping
by llllnm Creen, a fellow life-termer,
July 30 Frnnk pronounced out of
August 1(t Hand of 21 nttneked State
fnrm, linndriigrd Wnrden Smith and his
guards nnd spirited Frank away nt mid
night. August 17 Frnnk token to back of
Frry's cotton gin, two miles from
Mnrlrttn, S'nrf l'hasnn's home, and
Georgia's Name Besmirched,
Says Richmond Newd-Leader.
Shocked and Grieved,
Says Gov. Harris
protection for tho safety of his life it
tic t-nnds of tne mate nutnorltlcs,
"B lynching Frank under these clrcum
stnnccs. once more In tho fact established
tint nt no time did Frank receive his
trial Tho lynching tends to prove his
Innocence, rather than his guilt. It also
shows thnt not only wns Frank lynched,
but the sovereign power of the State uf
Oiorgla seems to bo completely destroyed
by 'lynch law.'
"Georgia Is today covered with shame
for making such nn atrocity possible."
"Tho lynching of Leo Frank Is most
unfortunnte and regrettable In view of
tho doubt ns to his guilt or innocence, tha
law should hnve been allowed to take
Its course. I fed suro that tho country
at largo will look with horror on such
nn uct, nnd I bcllovo thnt even thoso who
took pnrt In It will feel tho snmo way
when they renllse whnt thoy havo done.
I think that penitentiaries, euch as that
In which Frank wns Imptlsoncd, should
havo better protection and bo locatod In
places whero such an ntroctoua act could
not bo committed."
Common PIcns Court-
"Terrible! Of Course, I don't believe In
lawlessness i)or In thltlndr h short dtit'tO
Justice of any kind. You will hnvo to
excuso mo from nny further cOmmont,
however, becnuso I don't live In Georgia,
nnd besides, I nm too much Interested In
spclng thnt Justice Is- dono In Pennsyl
vania "
Common PIcns Court No. 1.
"How n Stnto would Btand for such a
thing Is moro thnn I can understand. It
Is Indeed end news I have read much
of tho ovldonco In tho Frnnk case and I
am of the opinion thnt he Bhould havo
been granted nnothcr trial. I cannot un
derstand why tho peoplo of Georgia would
nllow the mob to commit such an out
rage -
TIN, of Common rlcas Court No. 6,
"I havo not seen tho testimony In the
Frank enno, oxcopt what has been printed
In tin- newspapers, but I think it Is one
of the most extraordinary cases In the
history of tho country. Tho manifesta
tion of unrest prevalent In Georgia la
hard to explain, and this form of hys
teria, that Is, the mob outrages, seems to
mo to be one of the strongest arguments
In favor of a rcprcsentatlvo novernment.
whero men calmly discuss the situation
from all aides rather than leave It to tho
first hasty Impulses of the people.
"We are unablo to point tho linger of
scorn at Georgia, however, because the
Frank case Is not unlike the Coatesvlllo
outrage some years ago. This same sort
of hjstcrla, or mob rule, or wnatever you
may choose to call It, Is prevalent In Eu
rope at the present time."
of Common Plena No. 1:
"I am surprised that tho peoplo of
Georgia would permit such on outrage.
Apparently some officials havo been lax
In their sworn duties. It is Impossible to
fully understand the motives of the mob
which so flagrantly violates both consti
tutional and State rights. The court
were created so that persons accused of
crime might havo a fair trial. There tho
charges are supposed to be discussed
calmly, without prejudice, from every
conceivable angle. The court decldeB the
guilt of the accused and not tho mob,
where hysteria nnd prejudice reign."
The lynching of Leo M. Frnnk wns con
demned nnd execrated with the utmost
severity nnd. the conditions thnt mndo
such nn act possible wero deplored by
newspapers today. Public men Joined In
condemnation of the lynch law that wnn
applied In the Frank ense. The men thnt
helped Inflame the public mind of Georgia
against Frank wore oxscorlated. Tho fin
ger of ahama was pointed at tho Stale in
which a handful of eltliena executed tho
denlh sentence thnt tho Governor had set
Former Governor John M. Slaton. of
Oeorgln, who commuted Fronk'R death
sentence to llfo Imprisonment, telegrnphed
from San Francisco, condemning tho
lynchers1 action, but declaring his faith
In Georgia and exonerating the good peo
plo of tho State of any responsibility for
the killing.
Governor Nat E. Harris, of Georgia, de
plored tho action as, he said, all law re
specting people of tho Stnte mUBt. Ho
was shocked nnd nggrloved, he snld
The Richmond NeWs-i.enaer cicciarou
the fair namo of Georgia besmirched nnd
the "majesty of a Southern State out
raged It does not mutter," Raid tho
News-Lender, "whether Frank was guilty
or not."
Tho Baltimore. American held thoso thnt
have Inflamed tho public mind against
Frank guilty before the fact, and said
that all who fall to do their utmost to
bring the lynchers to Justice will be guilty
after tho fact.
Louis Marshall, ono of Frank's attor
neys, condemned tho lynching and de
clared It shows Frank never had a trial
and was convicted without duo process of
nx-Ooierpor of Georgia, who commuted
Frank's scntenco to life imprisonment
"Evory good mnn and woman In
Georgln will condemn this cownidly ab
duction. Tho English Inngunge Is not
strong or broad enough to dcslgnnto this
outrage appropriately. It is an nttnek on
"I know Georgia well enough to believe
that every power of tho State will be
brought to bear to punish tho malefactors
who havo so disgraced tho Common
wealth." San Francisco, Aug. 17.
"It Is a great calamity for the State of
Georgia. Unless tho porpotrators of this
foul murder are promptly punished, tho
State Is disgraced In the eyes of the civil
ized world, The event demonstrates onco
more that the poor fellow never had a
chanco of fnlr piny, nnd that his trlnl
was a travesty upon Justice It will In
tensify the feeling that ho, wns Innocent
nnd a victim ot mob law."
Tho murdr of Which Leo Iff. Frank
stood convicted In the eyes of the law,
although hot in the eyes of his friends
wns committed on April 26, 1913, a Sat
urday afternoon, although the body of
the victim, -Mary Phagan, was hot found
until tho next day,
St.... ..... ii tn old. nretty find a
worker In the Nntlonnl Pehcll Factory
In Atlanta, of which Frank was super
intendent nnd irr which he owned stock.
Sho hnd not worked several days during
tho week preceding her death, but that
Rrtlurdny h went to the fnctory to get
4 Hrt nnrnel t r iiAe HO A ft PPfl
She did not return to her home that
evening. A Bcareli wns instituted, but
without success. At 3i30 n. in. the next
dny Newt Lee, a negro watchman In the
pencil fnctory, telephoned to the pollco
thnt he had found tho body of ft mur
dered girl In the basement of tho factory.
Thero was complete evidence of criminal
assault) the child's clothes had been torn
from tho body, her head had been struck
nnd a cord about her neck hnd strangled
Leo was nrrestcd nnd two hours later
tho body was Identified as that of Mary
Phagan After detective had talked with
Frank, C. A. Gantt, a white man cm
plo cd nt tho factory, wan arrested. Frank
hnd said thnt Gantt nnd Mary Phagan
wero on friendly terms.
On tho following Tuesday, two days
nftcr Uio discovery of tho body, Frank
wns nrrcsted, on testimony given by
Leo nnd Gnntt, tending to establish tho
fnct Hint Frank had been In the factory
all Saturday nftornoon. Then Jim Con
ley, n negro employed nt tho factory, was
discovered washing n, Btnlncd shirt, nnd
ho was arrested.
At the Coroner's Inquest a physician
swore that Mary Phngan had been killed
between 30 and 40 minutes after sho nto
her lunch. This fixed tho time at 1
o'clock or n trlflo boforo, Gantt and Leo
established to tho satisfaction of tho
Coroner's Jury thnt they wero clRCWhero
nt thnt time, nnd from thnt time on tho
malorlty of Georgians believed that
Fiank wns guilty ot tho murder.
Conley first told tho police ho could
not write. Two scraps of paper hnd
been found nlongsldo the body. Ono bora
these words, written In pencil: "mam
thnt negro hire (d) down hero did thla i
went to nnd ho pUBhcd mo down
thnt hole a long tall negro black that
hoo It wnse long oleam tnll negro 1 wrlght
Tho other sold:
"ho snld play like the night
witch did It but that long tall black
negro did buy his Belf."
Conley snld ho couldn't read or write
Tho police regarded ttto notes as a clumsy
attempt to divert suspicion. L&tcr Frnnk
showed that Conley could write.
Conley told several stories, but tho
story ho later stuck to nt the trial of
Frank was that Frank sought to nt
tnek Mnry Phngnn. that she resisted,
that Frank struck her, nnd then killed
her ind then bribed Conley to aid In get
ting tho girl's body to tho basement to
burn It In the furnnce.
Conley also said ho wroto tho two
notes ot Frank's dictation; ho said ho
had lied nt first to rn-,
thnt Frank failed to pay iho mont i,'.
Ised and he decided to tell the trifi'i?!
nrolcct hlmuMf ln ,rul I
Menntlmo Interest In tho cab v I
spread far beyond Georgia, ah.i
almost ns n unit, believed ; ftank TSfc
and was ready to riot nt any sumii'!
of his acquittal! mnny newspaper wri 8
sent to Investigate from other citltV'S
lleved that no case hftd been nrVvi
ngalnst him, nnd thnt Conlev wa.T1.!
Tho rnca question was Injected ifi
tho Bltuatlon. Frank's supporter TmZ
tain that Atbtntn wns persecuting Fr.it
because ho wns a JoW! those On th!
other Side argued that the question S
race was first brought up by the TMi
adherents. on5
Tho trial, beginning July 2 ,.?.
lastod untlt August 85 when the S
found Frank guilty. There Vn rem?
mon street tnlk In Atlanta that If in.
Jury acquitted, n. mob would lynch shJ
thnt Jurors and Judge might also corf.'
in ror moo violence. Ji
Frnnk himself took tho stand, but mH
accordance with Georgian law, was'nSi
allowed to bo sworn. His statement, im
fiwiuicnn ui wiiviuur llio rPaaCf Ot It )j
lloves In Frnnk'n Innnrrnn n. k..m
a romnrkiible exposition of points In iff
own favor, nnd was well icccfved tfiS
A regiment of mllltla. guarded the courts!
room all night the jury wus out, anil
wnen mo vcruici nt gumy was announced'
In Atlahtn, stieet cdr employes quit their'
cars to Join tho crowds that oheereaii
womon at tha social functions t-lsmuj'
their hands, tho crowd nt the bait gah)l
buvo vimil iu ivnu uuinonsiraiion; it
approval, and hundreds ot persons cake'
wniKen ror ino oninnco ot tno uay before
tho fact oi y Vhore tho murder took olae'ju
However Atlanta felt about his gilliLfl
In other parts nf the bcuntiy a wcll-dflj
fined Bontlmont that Frnnk was the vIc'Sj
llm of mob clamor began to be botletai
by 1,000,000 persons nnd prominent cltlttnifl
begnn to movo to holp Frank. M
In Georgia the following winter two mo-.
tlona for a new trlnl, on the ground of;
new ovldonce, wero made; both were-de.1
nled. Then Louis Marshall, of K(v':
York, was engaged ns counsel to present
the cose to the United Stnte Suprerar
court on grounds wmen, in tne mala,!
wero thnt Frank's conviction was due'U'
prejudice, and thnt Frank's rights Were
taken awny from lilm when ho was not'
Allowed to romnln In court when the Jury!
Drougnt in us voruici.
Mr Marshall submitted his brief on !)'
ccmber 24, 1911, and on April 20 the Su?
prcmo Court denied the appeal from the,,
decision of tho lower court. Then Frank
asked the Prison Board of Georgia, to
commute his sentence to life imprison."'
mrnt: this anneal was also denied 'Anl
Juno ft On Mny 11 ho was sentenced t6l
,lln .limn 22. i&
Frank's last attempt to save his tits a
tvtio tin .,,,,. ..... w,u...v, ,, MM-
was successful. ' 1
Continued from I'age One
man In status quo pending the decision
of the Public Service Commission. The
decision of the Commission was handed
down on Saturday last, but Judge SuU
berger was In Atlantic. City on his vaca
tlon at that time and he la atlli there.
The application today waa made accord
ingly to clear the Bltuatlon and to estab
lish the legal side of the transit case on
some definite and known basis. Judge
Ferguson, It Is understood, will take th
matter up with Judge Suliberger and an
nounce his decision within a. day pr
With the definite decree granted th
City Solicitor o?n Immediately made ap
plication to hay4 th case dismissed. Mr.
Yale, on tbe'ber hand, pan make up
pllaatlan at the,-same time to have the
Injunction granted and reopen the legal
battle to hold up Philadelphia' progress
It I generally believed, however, that
Mr. VaU wlU not push the cose further
and that when the definitive decree is
granted, the olty will have no difficulty in
having the ease entirely dismissed. Un
til thl la dose It Is understood that Dt
raotor Tuylw will not annomue tbe
awatdjflg of he contract for the flnt
work m tb 8rod trt aod Praokford
DOM W WW w uwou rmr
"The criminals who havo lynched Frank
nro murderers in morals as welt as law,
and the authorities must hunt them down
relentlessly and punish them mercilessly
If they are fiot to lay themselves open
to tho suspicion ot virtual complicity In
tho crime, or sympathy with tho crimi
nals. "M"t,a few Georgians have mad? them
selves 'accomplices befdri the not by; be
coming parties to tho mob passion which
demandod Frank's llfo without regard to
law or evidence. It remains to be seen
whether the present Governor nnd those
associated with -him In tho administration
of public affairs In Georgia will mako
themselves accomplices nftcr the fnct by
a feeble and perfunctory performance of
their duty, nnd whether nt InBt decont
public sentiment, shocked Into n realiza
tion or responsibility, will assert itself
with the vigor that tho occasion de
mands." Bnltlmore, Aug. 17 '
Governor ot Georgia.
"I am both shocked nnd aggrieved, and
In common with all good people of
Georgia who stand for law nnd order I
feol that a great wrong haa beon dono
nnd that our State will not look with
oprovnl on Buch nn net."
Atlanta, Aug. 17
"It does not matter whether Leo M.
Frank was Innocent or guilty; If he wore
Innocent the mob mado worse tho law's
Injustice; if he wero guilty, the mob re
belled ngalnst the Government of Its own
creation to Impose n penalty the Exec
utive thought too severe. In either case
tho majesty of a Southern State has been
outraged. Justice has been defiled and the
good name ot Georgia has been be
smirched. And Ihe men who have done
this aro held up by same as vindicators
of tho 'people's law.' "
Richmond, Vn Aug. 17
Who enusht a new trio! for Frsnk In tha
United glutei Supreme Court. ,
"It is nn ineffaceable blot upon the fame
of Georgia, and It seems Incredible to
me that In any civilized community such
a thing could be possible. Frank's sad
fato may direct the eyes of tho world
to conditions which cry to high heaven
for relief. It demonstrates that he was
convicted by a mob und not by due proc
eaa of low, Frank Is no longer on trial
In fact, he never had a trial, but Oeorgln
Is now on trial in the forum of clvlllza.
tlon. Will ahe vindicate her lawsT Will
she permit the miscreants who committed
the murder and that most shameful of
beings who Instigated It to go unwhlpned
by Justice? Upon her action depend her
rehabilitation In the good opinion of those
who In the past admired and loved her "
Albany, N. Y., Aug. 17. "'
Oovemor ot Virginia, who u In Boston tor the
,,. .. Conference ot Governors. "
"I deplore with all my soul such per
formances as thl high-handed violation
of tho law In the case of Frank. I can
not condemn such outbreaks with sum
clent force to express my Intense feeling
against such a procedure."
Boston, Aug. 17.
Mtnsiing Editor Atlanta Constitution.
CUrk Howell, editor of the Constltu.
Hon, Is out of tho city, apd acting in Wfl
absenee, I havo no hesitancy In saying
that the lynching of Leo Frank is a
"" 9 me owe. unjuitlBapU from
any standpoint The State bad amide
warning that sueh an occurrence might
b attempted, and the good people Br
Georgia, felt aure4 that, with auah
warning, Frank would be given every
possible protection. '
"Condition, as revealed at Mllledga,
ytlle. where a mob can secure a prite&ec
and take htm nway from a Stata tall
without the firing ot a gun or the tak
ing of a Joek, are shameful, to say the
least, and demand an Immediate Investi
gation, whleh will bring about Biritd
JunUbuiect to tboe who ware negligent
i.w.?" S? tbH wh wer eullty, and
wfeicb will guarantee Uut such a state
ftf affair cannot eui again
Tbta, i the sentiment of the over
wheJmbuc major ( tb .people of
AtlaaU. fiu- u.
In Mny Wllllnm Radcr, a special corre
spondent of tho Evenino Lbooer. visited
Frank In his cell In Atlnnta. In nn nrtl
i'lc he wrote following the visit ho told
of tho bitter feeling ngalnst Frank In
Atlanta, nnd prophesied that "If by
chanco Frank should be pardoned, It
would require a regiment of soldiers to
defend him against a mob," a prediction
which afterward came truo.
Fntnk said to Mr. Rader nt this time:
"It la a misfit. It Is Impossible to fit
Buch a man as I am Into such a Woody
The writer described Frank as a busi
nesslike, strnlghtforword, reassuring typo
of mnn, "who Impresses you as ono ca
pable ot tackling a big Job hnd getting
awny with It " Ho Impressed his Inter
viewer ns u dapper, well-dressed llttlo
man, smoking a cigar nnd wearing pat
ent leathor shoes.
"Ho reminded mo of Theodore Dur
rant, the San Frnnclsco boy, who com
mitted 'the crlmo of the century' this
young, cheerful, but nervous Leo Frank,"
wroto tho Evekino LEDOBn correspondent.
Ho noted Frank's nervousness especially,
for he referred to it several times dur
ing the course of his artlclo.
Ho commented on what appeared to bo
a spirit of hospltabloness In the Atlanta
Jail, ami sam tnat I'ranKS manner was
entirely In keeping with this spirit, ex
pressing it with "open-hearted, hospitable
"He greets you as a hotel clerk wel
comes tho guest," he wrote. "While you
do not register your name, he Is careful
to got It Just right, and spells it audibly.
Ho thrusts hl3 hand through tiio lion
bars, gives you a tight grip and pene
trates jou with a pair of eyes which aro
capable, of both the Btare and the Bttng,
Ho was dressed with simple neatness.
As he said of himself: 'I am clean and
comfortable and tako great care of my
dress. I like clean linen and good clothes
and n bath.' "
Frank wore a pin that tastefully
matched his tie, white shirt and dark
trousers, patent leather shoes. He smoked
a cigar.
"Neither a villain In appearance nor a
cringing, pale faced Jean Vnljean, Is Leo
Frank," wrote tho Interviewer. "Here ,ls
a man, with the shadow of death hanging
over him, In a class by himself."
Rader said that he had come to no
definite conclusion regarding Frank's gulltj
or Innocence and was absolutely without!
conviction. Ho pointed out that feellniM
ran high in Atlanta on the question efl
Frank's guilt. Ho told how 200 members
of a congregation wnlked out of Church i
ono night because tho pastor In his set. .
mon disclosed a rny of sympathy for thj
accuseu man.
Detective Burns. Tinder wmIa. tvtt
hntcd Irt Atlanta- because of his conndv.- '
Hon with the Frank ciisc, and he said HI
i' runic iom mm tnat Hums naa done mm
moro harm thnn gobd In Atlanta, although
elsewhere he had convinced many of hu
Innocence who had not thought so betora j
uurns investigated.
Frank talked volublv. ns wits his habttl
wun visitors, nnd again went over a u&
Jcct that ho had discussed under slm(l'jH
clitumstanccs hundreds of times. It WiH
Frank's way of speaking, rather thstiH
viewer. He noticed the mouth parfieail
"Frank's mouth is his wenk point," hw
wrote. "It Is not a good niouth, butjH
if you walk up tho street you will meetjv
pieniy iiko it. Ills niouth rcHccts manys
moods and passions. It Is the gateway ta '
his life. One may detect a discrepancy, 3
possioiy, Between his words and tne tn
nudlblo expressions of Ills lips, whlchj
iuvl-iu egotism, cynicism, uenance, sen"
uupunsm, courage and all those virtues .
and vices possessed by Dr. Jekjl ahd
air. iiyae,"
Rader asserted that the nation-wide
opposition to capital punishment seemed?S
io do becoming at tljat tlmo a factor in
the Frank case. He oxpressed the opinion '
that this attltudo toward the old punl-u
live measures would possibly save him
irom death. t
Frank's courmrs created a marked lm- '
presston on those who called to see trim
in nis little cell.ilil
"If Frank Is guTTty," wrote the Evbmho j
LEDOEIt corresnondenr. "ha has unusualil
gifts In concealing the outward signs pfl
guilt. If Innocent, he is equally strong j
In benrlng u cross of great Weight In!
cimer case, his Is a stoical fortitude "
That Frank was confident was showoja
in tnis statement: "I am losing no iePjs
ana gnlnlne In welchL I do not worry
If the laws of right nnd wrong still obtain!
ana uoa Jives, then I Will yet be vlnai
cated ot this horrible crime," I
MILLEDaEyiLLE, Ga , Aug. 17.-Mrs. lynchers had left with him.
Leo M. Frank was critically l today
from shock at her husband's death. For
a time her doctors thought she would die,
but later Bhe rallied, and It was said she
had a chance to recover.
Mrs Frank had been at the prison farm
since her husband was wounded by Creen
last month.
Sho was not allowed to sleep In the
room with him, es sho wished, however,
nnd did not know that Frank had been
kidnapped until a short time after the
She was told of his dancer before It
was known that he had been slain H"
fore the prison ofllclal had finished hi
first sentence she swooned and went Into
violent convulsions.
It we only with the greatest difficult
that she was revived Trained nurse
were sent to her fmm Aih.n.. and after
nn hour's, work the doctors said &'!
they admitted the patient was still in
serious danger.
Aged Woman One of Victlma
When Axle Snaps AH
Will Recover
Five Phlladalnblan were injured and
narrowly escaped death early today near
Berlin, n j., nine miles from Camden,
when an axle of s. small touring ear In
whleh they were driving a,t high speed
snapped and hurled all the oceupanu ta
tbe roadside. All were taken to the
Cooper Hospital. Camden.
The lalured are Martin Bonsall, a po.
lteeisan, of M7 Nerth th street, his wife.
Mr. Matilda Bejumi, their year.oW
daughter Bliiabeth; Mrs. Jomu'b
mother. Mr. Sarab Ruteobex, and a,
friend of the family. Mrs. JHUabeth So
eallttdar. ef 600 Rc street
Bewail ha Wverl nb broken hi
wife uer4 a fwwtur, 0,
Aevo th. ankk, ad ,UeU oauejUtsr u?
talned a fracture of the arm. Mrs Jilt
tenbox, who la fa years old. tBcap4 !!
ft severe scalp wound, and Mrs. Bon A
neider suffered cuts arid bruise.
Tho party was returning from Atlantic M
City. ShorUy after midnight the ear
passed through Berlin, traveling at aPut 9
mile an hour, when the rear al
snapped. The hoak hurled all five to the
roadside, some of thero being thrown 5
Niagara palls
August, 37, September It, tt
(MW 8
Pailer Cars. Dining Car, Oar 0acbi
yU rictureuiu bu.quetisaaa VaUef
TteksM geed ferrifTJUCM AX8 Stea
mer at SuKalu a4 MtrrUfeiuf remi
lag Uiutrawd BwUet of tfci"
PnnylvnU R. R
ii . T--J 1