- 2 days ago
Sunday, June 22, 1913
Writer Declares He Has Only Worked for Fair Trial and Fair Play—Race Question Is No Issue in Phagan Case—Rosser Not Writer.
By AN OLD POLICE REPORTER.
There were few developments in the Phagan case last week that to my mind were worth considering seriously or that threw new light upon the mystery.
Perhaps it was because of this that a good many people wrote letters to "The Old Police Reporter"—some commending my articles, others condemning them; but in every case indicating clearly that the interest has not lessened.
I observe that some of the State newspapers are publishing foolish little paragraphs, bearing the Atlanta date line, to the effect that the Hearst newspapers have been "bought to defend Frank." This is too foolish to notice.
Still other newspapers are taking advantage of the silly season to point out various phases of the case that to my mind are neither vital nor interesting.
Let me say again, as positively as I can, that these articles written by an old police reporter, are not for the purpose of either making a case for or against any other individual.
Newspapers Will Not Render Verdict.
My aim is to set down in a fair, truthful way my own opinion of the case. I do not know whether the editor of the Hearst newspapers indorses [sic] my views or not.
I am of the opinion that the editor of The Sunday American and The Georgian believes that it is not within his province to try Frank or Conley, but that it is his duty to give all the facts in the case that are obtainable and to let the law and the jury decide WHO is guilty.
I am not a believer in trials by newspapers. I believe in the courts, in our judges, and in our juries.
I know nothing about the Phagan case that has not been published in the newspapers. I do know that Frank has been indicted. I do know, as does everyone else, that there is a chain of circumstantial evidence which, held together in court, will make the case against Frank very serious.
My own opinion is that there are several links in the chain that are so weak that when one is broken, the chain will fall apart. I can not be sure whether I am right or wrong, however, until the Solicitor General presents his evidence. In the meantime, I still believe that the community is anxious to give all concerned a square deal; and that the average man is fair-minded and is willing to have the case tried in the courts and not in the newspapers.
Hardly Price For Rosser.
In one of the letters sent to me, it was stated that the author of the articles signed by an old police reporter is Luther Z. Rosser. I take that as a compliment, for Rosser is a very able man, and they tell me he earns $100,000 a year. I sometime have doubts about my own ability, but I have no doubt at all about my earning capacity. I do not make $100,000 a year! Rosser is not the author of these articles, has no hand in them, and I hasten to lift THAT responsibility from his broad shoulders as quickly as possible.
Writer Declares He Has Only Worked for Fair Trial and Fair Play—Race Question Is No Issue in Phagan Case—Rosser Not Writer.
By AN OLD POLICE REPORTER.
There were few developments in the Phagan case last week that to my mind were worth considering seriously or that threw new light upon the mystery.
Perhaps it was because of this that a good many people wrote letters to "The Old Police Reporter"—some commending my articles, others condemning them; but in every case indicating clearly that the interest has not lessened.
I observe that some of the State newspapers are publishing foolish little paragraphs, bearing the Atlanta date line, to the effect that the Hearst newspapers have been "bought to defend Frank." This is too foolish to notice.
Still other newspapers are taking advantage of the silly season to point out various phases of the case that to my mind are neither vital nor interesting.
Let me say again, as positively as I can, that these articles written by an old police reporter, are not for the purpose of either making a case for or against any other individual.
Newspapers Will Not Render Verdict.
My aim is to set down in a fair, truthful way my own opinion of the case. I do not know whether the editor of the Hearst newspapers indorses [sic] my views or not.
I am of the opinion that the editor of The Sunday American and The Georgian believes that it is not within his province to try Frank or Conley, but that it is his duty to give all the facts in the case that are obtainable and to let the law and the jury decide WHO is guilty.
I am not a believer in trials by newspapers. I believe in the courts, in our judges, and in our juries.
I know nothing about the Phagan case that has not been published in the newspapers. I do know that Frank has been indicted. I do know, as does everyone else, that there is a chain of circumstantial evidence which, held together in court, will make the case against Frank very serious.
My own opinion is that there are several links in the chain that are so weak that when one is broken, the chain will fall apart. I can not be sure whether I am right or wrong, however, until the Solicitor General presents his evidence. In the meantime, I still believe that the community is anxious to give all concerned a square deal; and that the average man is fair-minded and is willing to have the case tried in the courts and not in the newspapers.
Hardly Price For Rosser.
In one of the letters sent to me, it was stated that the author of the articles signed by an old police reporter is Luther Z. Rosser. I take that as a compliment, for Rosser is a very able man, and they tell me he earns $100,000 a year. I sometime have doubts about my own ability, but I have no doubt at all about my earning capacity. I do not make $100,000 a year! Rosser is not the author of these articles, has no hand in them, and I hasten to lift THAT responsibility from his broad shoulders as quickly as possible.
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NewsTranscript
00:00Jurors, not newspapers, to return frank verdict, declares old reporter the Atlanta Georgian Sunday, June 22, 1913.
00:07Ryder declares he has only worked for fair trial and fair play race.
00:11Question is no issue in Fagan case Rosser, not Ryder, by an old police reporter.
00:16There were few developments in the Fagan case last week that, to my mind, were worth considering seriously or that
00:22threw new light upon the mystery.
00:24Perhaps it was because of this that a good many people wrote letters to the old police reporter, some commending
00:29my articles, others condemning them,
00:31but in every case indicating clearly that the interest has not lessened.
00:36I observe that some of the state newspapers are publishing foolish little paragraphs bearing the Atlanta dateline,
00:42to the effect that the Hearst newspapers have been bought to defend Frank.
00:47This is too foolish to notice.
00:48Still other newspapers are taking advantage of the silly season to point out various phases of the case that, to
00:54my mind, are neither vital nor interesting.
00:57Let me say again, as positively as I can, that these articles written by an old police reporter
01:02are not for the purpose of either making a case for or against any other individual.
01:08Newspapers will not render verdict.
01:10My aim is to set down in a fair, truthful way my own opinion of the case.
01:14I do not know whether the editor of the Hearst newspapers endorses my views or not.
01:19I am of the opinion that the editor of the Sunday American and the Georgian believes that it is not
01:25within his province to try Frank or Conley,
01:27but that it is his duty to give all the facts in the case that are obtainable, and to let
01:32the law and the jury decide who is guilty.
01:35I am not a believer in trials by newspapers.
01:38I believe in the courts, in our judges, and in our juries.
01:41I know nothing about the Fagin case that has not been published in the newspapers.
01:46I do know that Frank has been indicted.
01:49I do know, as does everyone else, that there is a chain of circumstantial evidence which, held together in court,
01:56will make the case against Frank very serious.
01:59My own opinion is that there are several links in the chain that are so weak that when one is
02:04broken, the chain will fall apart.
02:06I cannot be sure whether I am right or wrong, however, until the Solicitor General presents his evidence.
02:12In the meantime, I still believe that the community is anxious to give all concerned a square deal,
02:18and that the average man is fair-minded and is willing to have the case tried in the courts and
02:23not in the newspapers, hardly priced for Rosser.
02:26In one of the letters sent to me, it was stated that the author of the articles signed by an
02:30old police reporter is Luther Z. Rosser.
02:32I take that as a compliment, for Rosser is a very able man, and they tell me he earns $100
02:38,000 a year.
02:39I sometimes have doubts about my own ability, but I have no doubt at all about my earning capacity.
02:45I do not make $100,000 a year.
02:48Rosser is not the author of these articles, has no hand in them, and I hasten to lift that responsibility
02:53from his broad shoulders as quickly as possible.
02:56Also, I have received a long letter from a woman defending the Jews as a race.
03:00It was a very interesting letter, but wholly outside of the case.
03:03I do not consider race, creed, or color a matter to be discussed in attempting to solve the Fagin mystery.
03:09I have great admiration and respect for the Jews as a race, as every other fair-thinking man and woman
03:14must have.
03:14But even if Frank is condemned, I cannot see how that would be any reflection upon the race any more
03:19than if an Irishman, German, Swede, or Japanese were found guilty of the crime.
03:24Surely a whole race should not have to carry the burden of one man's crime.
03:28Race question not considered.
03:30I refuse, therefore, in these articles to consider the race question seriously.
03:34It is not the issue.
03:35The sole question to come before the court is, who killed Mary Fagan, and whether he be Jew or Gentile,
03:41white or black, yellow or green,
03:43if the evidence is convincing, and the jury convicts or acquits, the court and the jury will have done their
03:49duty.
03:50The Jewish race needs no defense from anybody.
03:52In fact, my experience with Representative believe that this often persecuted but undying race will go on, as it has
03:59for centuries, in its own splendid way,
04:01making history and doing good in the world without regard to obstacles, real or imaginary, that may be placed in
04:07its pathway of progress.
04:08Sole aim is to get at truth.
04:10Now again, may I make it clear that what I am writing represents only my own views, the views of
04:16an old police reporter,
04:17who has had a great deal of experience, and whose sole aim is to get at the truth, and keep
04:23an open and fair mind.
04:24It is quite amusing to read in the newspapers what this, that, and the other detective now and then says
04:29about the case and about the witnesses.
04:31When a detective's mind is closed, and he declares emphatic Jews the world over,
04:37leads me to ally that he knows Frank is guilty or Conley is guilty, I lose interest in that detective,
04:42because I believe if he should stumble across a piece of new and important evidence, he could not, and would
04:48not, see it.
04:49The successful detective is the man whose mind is always open, who is always willing to break out of an
04:55iron-bound circle and develop new leads,
04:58and to keep his mouth closed absolutely about the guilt or the innocence of the indicted person until he gives
05:03his evidence in court.
05:05Even detectives with closed eyes see nothing.
05:08It may be that our detectives are correct in declaring that Frank is guilty, or that Conley is guilty,
05:13but personally I shall wait until I hear all the evidence in court.
05:16That would seem to me to be the fair way, and the legal way, to go about the business of
05:22reaching a final verdict.
05:24Extremists on both sides.
05:26There are extremists on both sides of this Fagin case.
05:29There are people who, convinced against their wills, are going to remain for their lives of the same opinion still.
05:35In the aggregate, these people are inconsequential, however.
05:39The average Atlantan and Georgian is standing today with impartial and open mind, I think.
05:43He wants the truth established, that's all.
05:46He is neither for nor against Frank, he is, to employ an expressive slang phrase from Missouri, strictly,
05:53and it is just here, with the gentle reader's permission, that I shall hand a small and modest bouquet to
05:59the Hearst newspapers in Atlanta.
06:01The Georgian and the American first called for calm and patience,
06:05when all about us a storm of protest, misinformation, non-information, passion, prejudice, and reckless indignation was running riot in
06:12the community.
06:13The big sheet anchor they threw to the windward was the supremacy of the law.
06:17Alert and vigilant ever, the brave and courageous governor of this state instantly promulgated his unqualified approval of that course,
06:25and since that time poise has been restored, reason re-enthroned,
06:29and the unruffled and quiet dignity of the blindfolded goddess of justice reassured to the people.
06:35Old reporter glad of work.
06:37If this old police reporter, after his own manner and method of doing things, has had a hand in that
06:42work,
06:42he is very glad his work has been abundantly and abidingly worthwhile.
06:46We are coming very close to the trial of Leo Frank,
06:49duly indicted by a grand jury composed of good men and true for the murder of Mary Fagan.
06:55Much has been written of this crime that is worthless as evidence in a court of law.
06:59Hearsay, a mass of it, long ago discarded by the court officials as incompetent,
07:04has been printed for what it might be worth by way of news.
07:07The newspapers are agencies for the promulgation of news, not for the administration of justice,
07:12and within the broad scope of the word news,
07:15always is to be found much that is totally irrelevant in legal procedure.
07:19This fact, the Georgian, the American, and the old police reporter
07:23constantly have sought to impress upon the public.
07:26Many, many news stories, legitimate and ethical,
07:30have been given out with the advice that they be taken with a grain of salt.
07:34Correspondent Assails Rosser, Leo Frank, James Conley,
07:38or whoever may be held accountable for the death of Mary Fagan,
07:42must and will be tried according to those rules of evidence.
07:45The Anglo-Saxon race, through centuries of experiment,
07:48has found to be best suited to the establishment of justice and truth.
07:52And here a thought occurs to me that is worthwhile commenting on, perhaps.
07:56A correspondent, a very foolish and misguided correspondent,
08:00addressed me a communication early in the week,
08:02bitterly and with utter unreason,
08:04assailing Luther Z. Rosser for undertaking the defense of Frank.
08:08Rarely have A.I. read a more unjust and unnecessary letter.
08:11It bristled with invective and vehement protest.
08:14It went so far as to say that Mr. Rosser is interested in the Frank case,
08:17knowing Frank to be guilty,
08:19and that he is prepared to stop at nothing to free Frank of the law, regardless.
08:23I shall not defend Mr. Rosser.
08:25He does not need it.
08:26The people of Atlanta know him.
08:27But does not this correspondent know that the law of Georgia,
08:31jealous of the rights and liberties of the people,
08:33not only confers upon a defendant at bar the presumption of innocence,
08:37but actually will not permit him to go to trial,
08:40no matter how poor and humble he may be,
08:42without competent counsel.
08:44Counsel can be furnished free.
08:46Georgia, through the orderly and impersonal processes of her courts,
08:50furnishes the most depraved criminal the free benefit of counsel,
08:54and that lawyer who refused to undertake the defense of a defendant
08:57when ordered by the court,
08:58would himself,
08:59no matter how satisfied he might be
09:01as to the innocence or guilt of the accused,
09:04be in contempt of that court,
09:06and subject to the punishment its displeasure might prescribe.
09:09I have never mentioned the Fagan case to Mr. Rosser but once,
09:13and then casually and without tangible result.
09:16Of my personal knowledge,
09:17I do not know what he thinks of it, really.
09:19I have been told by a brother attorney, however,
09:21who does know him well,
09:22and who has discussed this case with him,
09:25that Rosser unquestionably believes vehemently and thoroughly
09:28in Frank's complete innocence,
09:30and this brother attorney is one of the leading members of the Atlanta Bar.
09:33I shall not enter today into a discussion of the facts,
09:37near facts, gossip, and rumor abroad
09:39with respect to the Fagan case.
09:41I have looked back over the files of the Sunday American,
09:44and I can find little, if anything,
09:45that I would change in what heretofore I have written.
09:48Every word has been set down
09:50in an earnest and sincere desire
09:51to throw such light upon the great mystery as I could.
09:55In doing that,
09:55I have gone pretty far, perhaps,
09:57in many directions I know that,
09:59because I have been both approved and disapproved
10:01so generously and so vehemently,
10:03but inasmuch as I have kept my own conscience clear,
10:06and as that is the only conscience
10:08these articles must satisfy,
10:10I am reasonably well satisfied with what I have done.
10:13Question of Imagination
10:14There is one point of fact that I shall touch upon today,
10:17and that merely because I have been called to account
10:20in that direction by a correspondent,
10:22very courteously, however,
10:23this correspondent disagrees with my doubts
10:26as to the complete truthfulness
10:27of the final Conley affidavit,
10:29and gives it as his opinion,
10:31Conley could hardly have imagined
10:33or made up the tale
10:34concerning Frank he sets forth therein.
10:36Well, Conley is three times a confessed liar.
10:40That is admitted by all parties on all sides.
10:42A presumption of lack of veracity in Conley
10:45is not unwarranted, therefore,
10:46as to his fourth attempt to speak the truth.
10:49Now let's see whether Conley could have imagined
10:51the wonderful tale he tells of Frank's doing
10:53on the day Mary Fagan was killed,
10:55as ingenious in parts as that tale is.
10:59A few days ago, Conley gave out an affidavit
11:02concerning a new phase of the Fagan case.
11:04He sets forth in detail
11:06how a certain man had undertaken to feed him sandwiches,
11:09which he declared he suspected of being poisoned,
11:12and which he, therefore, shudderingly rejected.
11:14Quite dramatic, even melodramatic.
11:17The truth of the matter is, Conley,
11:19and this has been established beyond all doubt,
11:22ravenously devoured the simple sandwiches
11:24this man, out of mere passing kindness,
11:26gave him, and pronounced them fine.
11:29If Conley afterward imagined all that poison stuff
11:32and nonsense, with its melodramatic turn,
11:34why could he not have imagined,
11:36after three weeks in jail,
11:37the other melodramatic thing involving Leo Frank,
11:40particularly in seeking to throw
11:42accumulating suspicion from himself?
11:45Mind you now,
11:45I have never said that Conley killed Mary Fagan,
11:48I merely have said that, to my mind,
11:50there is more reason to suspect that he did it
11:52than to suspect that Leo Frank did it,
11:54and I stick to it,
11:55because it is the thing I believe.
11:57I may be altogether wrong.
11:59Maybe neither did it,
12:00maybe both did it,
12:01maybe Frank did it,
12:01and Conley was a mere accessory after fact.
12:04The truth of that is for the court to say.
12:06And when, after this case against Frank
12:08has been tried,
12:09and a verdict recorded,
12:10that verdict will be the truth of the proceedings,
12:12and the state, or Leo Frank,
12:14however things shall fall out eventually,
12:16will be entitled to the full benefit of it
12:19in law and in public opinion.
12:20May we not, therefore,
12:22continue to possess our souls in patience,
12:24and await in confidence
12:26the final adjustment of responsibility
12:28for one of the most deplorable murders
12:30ever consummated in the capital city
12:32of the Empire State of the South.
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