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• ■ ! * V v ...... ~ ■ ■ ■ ; ; •••■. .... VOLUME XiL ATLANTA, GA., FRIDAY, MAY 9, 1913. NO. 66. Won’t Ask That Nomination for Postmaster at Gainesville Be Withdrawn in Favor of A, S, Hardy BY RALPH SMITH. WASHINGTON. May 8.—Mrs. H. W. J. Ham, widow of the late “Snolygos- ter” Ham. was nominated late yester day afternoon for postmaster at Gaines ville, vice Mrs. Helen D. Longstreet, whose term ol> office expired on Decem ber 8, 191^ Mrs. Ham will assume the duties of her office immediately following her con firmation by the senate. The Georgia senators will urge her confirmation at an early date, notwithstanding the pro test of rMs. Longstreet, who made a determined effort to be reappointed. The alary of the office i $2,600 per year. Although Mrs. Ham was not the choice of Congressman Thomas M. Bell, whose home is at Gainesville, he will not protest her confirmation, nor will he endeavor to have the nomination withdlrawn, unless he is given assur ance that his recommendation will be respected. Mr. Bell has certified to the postoffice department the name of Al bert S. Hardy, editor of the Gainesville News, for the position, but Postmaster General Burleson declined to name him. Notwithstanding his declination to op pose the cotiflrmation of Mrs. Ham, Con gressman Bell is far from pleased with failure of the postoffice department and the president to accept his recommen dation. He feels that he should have been allowed to control the postoffice in his own town, and declares that the disregard of the administration of his wishes raises an issue in Georgia which will not down. He may issue a formal statement about the matter. That Mrs. Longstreet would not be re appointed and that Mr. Hardy would noVbe named have been known for sev eral weeks, but Mrs. Ham’s nomina tion yesterday came so unexpectedly ,that it created much surprise. No one "was more startled than was Congress man Bell, who had reason to believe that the matter would be held open for a few days longer. That the nomination yesterday was due to an inadvertence, it was learned this morning. SETTLES A QUESTION. When Mr. Bell became convinced a few days ago that Postmaster General Burleson intended to disregard his rec ommendation of Mr. Hardy, the con gressman wrote a letter to the presi dent, requesting that no appointment be made until he could present his side of the case. Mr. Wilson acquiesced and Mr. Bell was to have seen him this morning at 10:30 about the postofflce. In the meantime, Postmaster General Burleson sent Mrs. Ham’s name to the president along with about 160 other pt>sioffices. Tn the excitement and con fusion yesterday incident to Mr. Wil son’s visit to the capitol, the Gaines ville office became sandwiched in with a lot of others, and thus the nomina tion was made inadvertently. The* president wrote Mr. Bell a let ter, attributing the nomination on yes terday to an inadvertence and express ing his personal regret. It is believed that he would withdraw the nomina tion out of courtesy to the Georgia congressmen, if he were requested to do so, and give Mr. Bell a hearing. But it is regarded as certain that he would then send in Mrs. Ham’s name a second time. The nomination of Mrs. Ham settles one of the most vexing patronage prob lems in Georgia. The failure of the president to respect Mr. Bell’s nomina tion of Mr. Hardy is in no words a personal reflection on the congressman nor does it mean that he is “in bad” with the administration. The Gainesville situation was peculiar. Colonel Ed. Brown, of Atlanta, who was reared in Gainesville, has accepted entire respon sibility for the rejection of Mr. Hardy ' as postmaster at Gainesville. The objections to Mr. Hardy were due to his activity against President Wil son in the presidential primary in Geor gia. His alleged political methods were objectionable to the Wilsoq leaders and when they were called to the attention of the postofflcq department it was de termined that Mr. Hardy should not be rewarded with an office under the pres ident whom he had opposed with such vigor. CIVIL SERVICE ORDER Democratic Leader Underwood Confers With President Wil- 'son and Then Makes An nouncement of Plans (By Associated Press.) WASHINGTON, May 8.—Currency leg islation will be taken up by the house about June 1. This announcement was made today by- Representative Under wood, after a conference at the White A-ouse with President Wilson who urged that banking reforms be considered at the present session and laws be enacted if possible. Mr. Underwood was accompanied by Representative A. Mitchell Palmer of Pennsylvania, chairman of the house caucus, but the Democratic leader spoke for the conference. "We came up to find out what the house should do,’’ he said, “while the senate is considering the, tariff bill. The president is disposed to want currency legislation at this session, so I think the house will take a recess of about three weeks during which the banking and currency committee will be organ ized and we all will be ready for work June 1.” Mr. Underwood said he expected the president to send soon a special mes sage to congress urging currency re form. The president talked over with his visitors a draft of the Owen-Glass bill which he has before him;- and which, it is understood, will represent te admin istration’s views when launched in the house and senate. Mr. Wilson went over in some detail some of the currency proposals, but neither Mr. Underwood nor Mr. Palmer were willing to make known his views. The president’s idea is t have cur rency legislation at once, if there is .a common agreement among Democrats as to the'^fnethod of monetary revision, but it is also understood that if by the time the tariff bill has passed the sen ate there has not been a complete agree ment, the wnole subject will be deferred until the regular ssslon in December. Mr. Wilson’s idea, however, is that the house should begin to study and debate the subject so that it may be prepared for prompt action should the senate dispose of the tariff bill expe ditiously. Th e president has been toiu that Democratic senators are united In support of the tariff bill and to bring up the currency question now will not interfere with the attention given to the tariff. A LITTLE SPADING MAKES THE YARD LARGER S&L Ship Officer I.eaps Into Mid-Ocean and Saves Life of Man NEW Blair Jumped overboard in mid ocean from thd steamer Majestic on Tuesday last and rescued W. Keown, a coal passer, who had attempted suicide. Keown apparently regretted his act as soon as he hit the water and began struggling. Blair promptly sprang after him and held him up until both were picked up by„ a boat. ANTI-TUBERCULOSIS ASSOCIATION MEETS Were Willing for Fourth-Class Postmasters to Go Under Service-Object to Exams President Homer Folks Deliv ers Opening Address to Delegates in Washington (By Associated Press.) WASHINGTON, May 8.—After at tending numerous committee and divi sion meetings, delegates to the ninth annual meeting of the National Asso ciation for the Study and Prevention of Tuberculosis gathered today to listen to an opening address by President Ho mer Folks, and the report of the execu tive* secretary, Dr. Livingston Farran. Preliminary business of the convention then was on the program for considera tion. Later in the day meetings of the clin ical, sociological and pathological sec tions were scheduled and at night a conference of the advisory council. Physicians and others enlisted in the crusade against the white plague are present from all sections of the United States. FIRMER SHOT TO DEATH; FLED FROM CALABOOSE Member of Posse Claims That Killing Was an Acci dent (By Associated Press.) WASHINGTON, May 8.—Republican senators today began to look into Post master General Burleson’s plan to re quire 50,000 fourth class postmasters cov ered into the civil service by former Presidents Roosevelt and Taft to pass competitive examinations or lose their jobs. Some of the senators who have looked into Mr. Burleson’s plan and have read President Wilson’s executive order requiring such examinations, are not certain that persons already in the service can be made to stand a compet itive test to retain the positions they now hold. Wholesale opposition to the confirma tion of persons who may be chosen in such examinations to succeed those now. in office probably will not be resorted hut the Republicans will endeavor to convince the country that the order Is entirely political. ALABAMA PLANS FIGHT ON FOES OF COTTON (Special Dispatch to The Journal.) MONTGOMERY. Ala., May 8.—Warn ings against the boll weevil, caterpillar and boll worm have gone out from the state department of agriculture. The mild winter- will cause them to appear earlier than usual and farmers have been advised that now is the time to pre pare for a campaign against them. "Our winter was the mildest In many years,” said Reuben F. Kolb, state com missioner of agriculture, yesterday, "and it was not cold enough to kill insects. -• Boll weevils, caterpillars and boll worms ...ill (Kaw un in a. vurv Khxxrt tlma.” 75!FW fTHESE DINKY LITTLE BACK YARDS GIVE ME A PAIN*;' THEYfcE NOT BIG ENOUGH TO BREATHE/ INUf ? L A. 3V Hi to 3^1 3 ■jiU I till Before <3 .'GREAT CAESAR? (THIS IS NO BACK YARD*! 7’ s o"- f * . * 'SEEDS —And after he STARTS TO MAKE A G-ARDEN i SIX WITNESSES ARE E Lemmie Quinn, the Factory Foreman, Was Put Through a Grilling Examination, but He Steadily Maintained That He Visited the Factory Shortly After the Time Mary Phagan Is-Supposed to Have Left With Her Pay Envelope TO CONFER ON JAP LAIN Secretary of State Returns From California-Other Busi ness Prevents Conference (By Associated Press.) WASHINGTON, May 8.—With Score- tary Bryan’s return today from Cali fornia, where he went as President Wil son’s personal representative to confer with Governor Johnson over the anti alien land laws which the Japanese government construes as offensive, the diplomatic stage of the negotiations be tween Japan and the United States over the question actually was reached. Secretary Bryan’s first intention upon his return was to confer with President Wilson to make a first-hand report of the situation as he found it in Cali fornia. When Secretary Bryan got to his desk, however, he found such an accu mulation of routine business that he was unable to confer with President Wilson, as he had expected, and the Japanese question was not taken up be fore the secretary left for Baltimore, where tonight ho is to be the guest of Charles H. Grasty, of the Baltimore Sun. Tomorrow night Mr. Bryan will at tend a banquet in New York to the vis iting international commission arrang ing for the centenary celebration of the treaty of Ghent. The Japanese embassy bad- been with holding its formal diplomatic protests on the Webb bill for the secretary’s re turn ,and it is now believed to be that government’s plan to withhold it still longer until inyuiry can be made of the United States as to just what this gov ernment proposes to do if Governor Johnson signs the bill and It becomes a law. Under such a plan of action, the pro test probably will not be delivered to day. Presentation if the protest will open the formal diplomatic negotiations, which may lead to a test in the su preme court as to whether such a law is in contravention of the treaty with Japan. The negotiations also may lead to a proposal of arbitration at The Hague tribunal or a determination of the anthropological status of the Jap anese race to settle whether they are eligible to citizenship in the United States. IE President Names John Purroy Mitchel, Tammany’s Enemy, N, Y, Port Collector HY RACPH ■feStlTII. WASHINGTON, May 8.—President Wil son’s action In nominating John Purroy Mitchel as collector of port at New York is highly significant to the country at large because it determines the atti tude of the president, as such and as leader of the party, toward Tammany Hall and its works. As may be inferred the attitude is one of unyielding opposition. The president will not recognize the powers that rule the party in New York. If Tammany, now cut off from state patronage by Govern or Sulzer, has any expectation of getting nourishment through federal patronage, it may as well close up shop. Mr. Wilson is unalterably against Tammany and it is to assume that he is against it for the identical reasons that he is against the Smith-Nugent combination in New Jer sey. The situation is full of possibilities. If there ensues open hostilities, there will come a fight far more absorbing than that which President Cleveland waged with the Tammany machine, for Mr. Wil son has the art of fighting down to an exact science, which Is an accomplish ment that Cleveland lacked, although there was no question of his courage or his determination. Whether by design or otherwise pres ident’s action in this instance, brings him to the side of Governor Sulzer in his di verting and spectacular foray against the Fourteenth street power. It has been common report for several days that Sulzer had appealed to Washington for moral support, if nothing else. Whether his appeal carried any weight or not, has not been disclosed; the probabili ties are that the president would have done as he has, irrespective of the situ ation at Albany. TRAIN OF MEXICANS IS BLOWN TO ATOMS LEE YIELDS PATRONAGE OF ROME TO MRS. WILSON J, P, Bowie Will Be Named Postmaster for Rome, Mrs, Wilson’s Girlhood Home BY' 1 (Special Dispatch to The Journal.) SOPERTON, Ga., May 8.—W. L. Rad ney, a farmer, who was convicted of brglarizing a meat market here Wed nesday night, was shot to death Thurs day morning by a member of a posse, who claims that the killing was an ac cident. Radney is alleged to have been killed by a shot from a gun in the hands of Lee Keen, of the posse. The posse, which was formed to re arrest Radney, consisted of Mayor La mar Holmes, Lee Keen, J. w. Mart and Town Marshal Wade. Radney was found about four miles from town. TRAVELERS FLAG TRAIN ON EDGE OF FIERY TRESTLE ENGLISH OPPOSE ROAD BY GOVERNMENT IN ALASKA (By Associated Press.) WASHINGTON, May 8.—Opposition to government aid for Alaskan railways was expressed today to the senate territories committee by O. L. Dickinson, manager for Close brothers and other English de benture holders of an existing route from Skagway to the interior. He declared that the companies in which his princi pals were intersted would ope na water and rail route to Fairbanks on June 1. A government line, lie said, would send them into bankruptcy. Under cross-examination Mr. Dickinson declared he was not prompted to his at titude by the fact that Close brothers were partners with the Guggenheim-Mor- gan syndicate in the Copper River rail- riud. (Special Dispatch to The Journal.) COLUMBUS, Ga.. May 8.—One Atlan ta man and two Columbus men prevent ed a serious wreck on the A., B. & A. by the discovery of a burning trestle and flagging the train just before it reached the scene yesterday, according to reports reaching the city from Tal- botton, Ga. According to information received, E. E. Lord and Charles Barr, of Columbus, and a Mr. Parsons, of Atlanta, all trav eling men, were in an auto out be yond Talbotton and reached what is known as “Big Liza’’ trestle over a creek, when they discovered it on fire, burning in six different places, which clearly indicated firebugs. The through passenger train was due at this point in a half hour of the time, which would have given the tres tle just about time to burn to the wa ter’s edge. The men succeeded in put ting out the flames and waived the train, that an examination might be made before it passed over. The mat ter has been reported and detectives are on the scene investigating with a view of locating the guilty party or par ties. Most of 250 Federal Soldiers Aboard Train Killed When Dynamite Was Used vFy Associated J*i€»e.) NOGALES, Ariz., May 8.—A troop train bearing 250 federal soldiers was destroyed with dynamite and most of the passengers killed, said an official stat e report rcceilved here today. The disaster occurred near the Sonora-Coa- huila state line. .. - Wy. --j &ALPH SMITH. WASHINGTON, May 8.—Mrs. Woodrow Wilson will name the postmaster at Rome, and her choice will be J. P. Bowie, the friend of her childhood. Con gressman Gordon Lee today yielded gracefully his prerogative in the prem ises and agreed that the wife of the president should control the Rome post offlce. President 'Wilson sent for Mr. Lee this morning, and when he saw the congressman, told him that Mrs. Wilson wished, to name the postmaster at Rome, if he had no objection. “Mr. President, it is my distinguish ed pleasure to acquiesce in the desire of Mrs. Wilson and I gladly yield in her favor,” said Mr. Lee. “I will indorse whoever she may select and join with the Georgia senators in urging a speedy confirmation of the nomination.” President "Wilson then told Mr. Lee that it was the wish of Mrs. Wilson to have J. P. Bowie named for the office. The congressman said the selection was entirely agreeable to him. While in conference with the presi dent, Mr. Lee produced a letter from Mr. John M. Vandiver, who was one of the applicants for the postofflce, in which Mr. Vandiver declared that he would willingly yield to the wishes of Mrs. Wil son if she desired to name the Rome postmaster, and would withdraw his ap plication in favor of Mr. Bowie. The Rome postoffice is the fattest fed eral plum in the Seventh congressional district and in yielding the patronage to Mrs. Wilson, Congressman Lee gave up the control of the most desirable appointment at his disposal. Mr. Bowie, who will be named by the president on the recommendation of Mrs. Wilson, is a life long resident of the city. He has been engaged in the man ufacture of stoves. He was the friend of Mrs. Wilson’s father and mother, and when in Washington recently he was en tertained by Mrs. Wilson at the White House. The coroner's inquest into the mysterious murder of Mary Phagan adjourned at 12:55 o’clock.Thursday to meet again at 2:30. At the hour of adjournment, six witnesses had testified. They were “Boots” Rogers, former county policeman; Lemmie Quinn, foreman of the pencil factory; Miss Corinthia Hall, an employe of the factory; Miss Hattie Hall, steno grapher; J. L. Watkins and Miss Daisy Jones. L. M. Frank and Ne^rt Lee, the negro night watchman, were both present at headquarters dur ing the morning session, but neither had been recalled to the stand when recess was ordered) Both are expected to testify during the afternoon, when an effort will be made to conclude the inquest and return a verdict. Though put through a searching examination by the coroner in an effort to break down his statement that he had visited the factory on the day of the tragedy shortly after noon just after Mary Phagan is supposed to have received her pay envelope and left. Quinn stuck to his story. He declared that he had recalled his visit to Mr. Frank, and that Mr. Frank told him he was going to communicat- the fact to his lawyers. “Boots” Rogers testified that Mr. Frank had changed the tape in the time clock while the officers were in the factory Sunday morning after the body of Mary Phagan had been found, and that he stated at the time that the sheet he took from the clock seeded to be correct. Rogers also described Mr. Frank’s manner wnhen the officers went to his home in an automobile to take him to the factory Sunday morning. Miss Corinthia Hall, an employe in the factory, testified that Mr. Frank’s treatment of the girls in the factory was unimpeachable. She also testified that she had met Lemmie Quinn at a restaurant near the factory near the noon hour Saturday, her statement being confirmatory 1 of his visit to the factory on the fatal day. J. L. Watkins testified that he had mistaken Miss Daisy Jones for Mary Phagan when he thought he saw Mary on the streeet near her home on Saturday after noon about 5 o’clock. .Miss Jones’ testimony was also in this connec tion. NEW WITNESSES CALLED. Following a conference between Solicitor General Dorsey, Assistant Solicitor General Stephens and Chief of Detectives Lanford, just after the inquest recessed for lunch, it was learned that Leo M. Frank and Newt Lee would be recalled at the afternoon session a,nd that there would he the following new witnesses: Miss Alice Wood, of 8 Corput street; Miss Nellie Pitts, of 9 Oliver treet, and Mrs. C. D. Dunnegan, of 165 West Fourteenth street. ROGERS DESCRIBES MR. FRANK’S MANNER WHEN TOLD OF TRAGEDY “Uncle Joe’s” Card Table Auctioned on His 77th Birthday (By Associated Press.) WASHINGTON, May 8.—The card table of former Speaker Cannon, .around which many notable statesmen have met *in games of chance and skill, yes terday went under the auctioneer’s hammer for $16, and the gas lamp which shed its rays upon those who sat around the board brought $1.26. The sale was attended by about 200 persons, many of them women, the wives of men prominent in official life, who sought articles as souvenirs. The house which the veteran legislator oc cupied during his long residence here is being renovated and will be used as a boarding house. * TARIFF BILL DELAYED BY REPUBLICAN TRICK (By Associated Press.) WASHINGTON, May 8.—Delayed in its passage last night by a parlia mentary technicality, the Underwood tariff bill was engrossed today for pre sentation to the house at its hour of ! meeting 2 p. m. Because of the Democratic insistence ; on a point of order against the Repub- i lican motion to recommit the bill to the ways and means committee with a view to forcing a tariff commission : provision, the reading of the bill in its engrossed form was made necessary. The parliamentary statisticians of both the majority and the minority prepared today for the final fray over the point of order, but the result, in view of the large Democratic majority in the house, was a foregone conclu sion. Meantime the Democratic lead ers in the senate were preparing for consideration of the bill there. There is talk among the bouse lead ers of taking a recess of about thirty days during the senate consideration of the tariff. While there have been individual con ferences on the bill, the fact that the president has not yet communicated hig views regarding the question of cur rency legislation at this or the regular session of congress has precluded any formal consideration so far as to what the house shall do when it disposes of the tariff. “Boots” Rogers, formerly a county po liceman, was the first witness. Mr. Rog ers said that he lived at 100 McDonough road. He was at the police station at 3 o’clock on the morning of April 27, he said, when a call came from the factory of the National Pencil company. The offi cers responded to the call in his automo bile, he declared. Those who went with him were Police Sergeants Brown and Dobbs, Call Officer Anderson and Britt Craig, a newspaper reporter. Mr. Craig was th© first person to en ter the basement, the witness said. He (Mr. Rogers) entered second; Dobbs and Newt Lee, the negro night watch man, bringing up th© rear. All saw th© body about the same time, Mr. Rogers said. The witness said that the girl's body was lying fac© down, with th© hands folded beneath the body*. The body was turned over by Police Sergeant Dobbs, he caid. Rogers continued that they found ttvo notes near the body. The first note, found by Sergeant obbs, was on white scratch paper and on a tablet lying face down. The sheet with the note on it was detached and fell off when the tab let was picked up. It was lying about a foot from the body's right shoulder. Another note was found later, written on a yellow order blank of the factory, ly ing about a foot from the feet of the body. Rogers wasn’t sure whether he or Sergeant Dobbs noticed that first. He didn’t notice a sharpened pencil nearby. There were a number of stubs, but none sharpened that he saw. Asked “Who telephoned Mr. Frank that the girl was dead?” he said no one did as nearly as he remembered—that Detective Starnes telephoned Mr. Frank later in the morning to come down to the factory. About two or three minutes after the first officers arrived with him, said Rog ers, they were admitted to the factory, They saw the negro night watchman, Newt Lee, through the glass door, com ing down the stairs with his lantern. “She’s down in the basement—she’s down in the basement,” Rogers said the negro told them first. He showed them the way down, indicating the trap door and the ladder. Britt Craig, a newspa per man, went first, and was followed by the witness, then by Sergeant Dobbs of the police, and last by the negro. Everything was *n gloom, though a gas jet was burning dimly at the foot of the ladder. NEGRO WASN’T EXCITED. “Look out, white folks, you’ll step on her,” the witness said the negro ex claimed when they started toward the rear of the basement. The negro took the lead then, with his lantern, and led them to the body. The negro’s manner was as cool as that of a man would be uhder the circumstances, said the witness. The negro wasn’t excited. “He was being questioned by all of us,” said the witness. He answered questions promptly. “How did you happen to. find the body?” the witness said was one of the questions put to the negro. He repeat ed the negro’s answer—of how he was making his rounds, and entered the basement, and by the dim rays of his lantern noticed a suspicious looking object on the ground near the back. “Somebody’s put that there to try to scare me,” the negro said he remarked to himself, going over to see closer. The body was revealed, and he hurried back upstairs to telephone to the police. BODY FOUND FACE DOWN The witness said that Sergeant Dobbs asked the ne,gro how the body was lying when he found it. The negro’s answer wag “on its face.” “Did you turn it over?” the negro was asked; and an swered “no sir, I didn’t touch it.” This point of the evidence was in con flict with previous testimony by the ne gro himself, who swore at the inquest that when he found the body it was lying on its back face up, with its head to ward the back door—exactly the reverse of the position in which the officers found it. Rogers, the witness, said that the body was lying on its f;ace, hand folded beneath it, when he and the officers first saw it. The negro stuck to the same story while answering all the questions, said the witness. After about ten min utes Sergeant Dobbs ordered that the negro he held under arrest. The negro ^ was taken upstairs tyy Call Officer An derson. The rest of them looked around for the girl’s left shoe, which was misB- ing from the body. Officer Anderson and the negro went upstairs first alone. Twenty or thirty minutes later the witness went up and found the officer and the negro sitting in the office. Anderson was trying to telephone to some of “the factory folks,” said tho witness. The negro was sitting nearby in silence. Some one suggested that the officer telephone to Mr. Frank, the superintendent, at his home. Anderson tried to get Mr. Frank’s number. There was no answer, Anderson talked to the operator, and told her something very serious had happened and that the call was urgent! and Anderson said he heard the per*, sistent ringing that followed. IDENTIFIED AS MARY PHAGAN. While he and Serge and Dobbs had been moving about downstairs, looking for the girl’s shoes, said Rogers, they found the staple on the back dooi* pulled, and pushed the door back and went out into the alley, searching it to Hunter street for some clue. Rogers then went away to find some one to identify the body, said he. The shoo was found by somebody else later. Ho went to 100 McDonough road, said he, to get Miss Grace Hix, a relative of his own, whom he knew to be employed in the fatcory. He brought Miss Hi* back with him In the automobile, and she Identified the body as that of Mary* Phagan. Miss Hix sought first to tele phone to Mary’s mother, Mrs. J. W. Coleman, but there was no phone in the Coleman home, so she telephoned in stead to the home of another girl. Miss Ferguson, and got Mrs. Ferguson, and asked her to go over and break the news to Mrs. Coleman. MR. FRANK NOTIFIED. Mr. Rogers said that Detective Starnes, who had been summoned to the fatcory, called Mr. Frank over the telephone shortly after 6 o’clock. The witness said that he drove Detective Black to Mr. Frank’s home, and that Mrs. Frank, wearing a heavy bathrobe, came to the door. He said that Mr. Frank stood In the hall, fully dressed except his collar and tie. The witness said that ^r. Frank ap peared nervous and excited and asked whether the night watchman had re ported to the police that something had happened at the factory. Mr. Rogers said that neither he nor Mr. Black an swered. The witness said that Mr. Frank re marked that a drink of whiskey would do him good and that Mrs. Frank said there was none in the house, but in sisted that Mr. Frank get some break fast before going out. However* they hurried to the undertaking establish ment, the witness said. Mr. Rogers said that on the way to the undertaker’s establishment, Mr. Frank remarked that he had dreamed he had heard his telephone ring about daybreak. Detective Black asked Mr. Frank whether he knew Mary Phagan, the witness said, Mr. Frank replying that he didn’t know whether he did or The witness said that Mr. Frank did not go into the room in which the Pha gan child’s body lay. Mr Frank remarked, the witness said, that he could refer to his payroll and see whether Mary Phagan worked at the pen cil factory. „ ' ... ' “Was Mr. Frank steady or trembling, at the undertaking establishment?” was aske*l Mr. Rogers. “I couldn’t say,” he answered. Mr Frank suggested that they go to. the factory, the witness said. At the factory, the witness said, they found a number of detectives and policemen and Mr. Darley, an official of the factory, who had been summoned. They went up- | stairs, the witness said, to the office and Mr Frank refered to.the payroll, saying, that Mary Phagan worked there and that she had been paid $1.20 the day be fore, stiortly after 12 o’clock.