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8 THE ATLANTA SEMI-WEEKLY JOURNAL, ATLANTA, GA., TUESDAY, AUGUST 19, 1913, 4 COUNTRY BANKS WILL BE CARED FOR IN FUND Treasury Secretary-Impatient With Report That City Insti tutions Will hail to Help » *- WASHINGTON, D. C., Aug. 14.—Fol lowing the conierence tomorrow between treasury officials and far western bankers concerning the deposit of $60,,- 000,000 in southern and western banks to facilitate the movement of crops, the treasury department will issue a state ment amplifying its reasons for not scattering the funds by depositing them in the smaller cities of the territory to be affected. The department has been flooded with requests from smaller banks for de posits and bombarded by congressmen from the rural districts, pleading that the funds be not confirmed in the lar ger cities of the. agricultural states. Assistant Secretary Williams, in charge of the distribution of the fund, again explained today that it would be ob viously impossible, under the general scheme of relief, for the department to deal directly with all, of the banks In the agricultural states, because the treasury department has not the ma chinery necessary. He is confident that the city banks selected for depositories will deal fairly and liberally with their country correspondents, and that the chief object of the distribution Of the fund will be accomplished. Because he is entirely lamiliar with the attitude of the city bankers them selves as regards the fund and because he has entire confidence in their pur pose to deal fairly with the country banks, Assistant Secretary Williams displayed impatience with the complaint that has come from some sections oi the south and west about the distribu tion. The criticism is not only un founded, but is an injustice to the in\ tegrity of the bankers themselves, in the opinion of Mr. Williams. "In all of the conferences between tieasury officials and bankers,” said Mr. Williams, “the banks have been impressed with the purpose of the de partment to require them to deal lib erally with their country correspond ents. The necessity for this has been enjoined, and the department has as surances that are entirely satisfactory. The character of security that the de partment expects to accept for the de posits, the limit time, and the lack of machinery make it impossible for the department to deal directly with all the banks that want a part of the fund.” Bryan’s ‘Dove of Peace Is Ancient War Eagle WASHINGTON, Aug. 15.—Although now masquerading as Secretary Bryan’s j “dove of peace” seal, which is being attached to peace treaties with other ; nations, it developed today that the design, copied from an ancient coin, really represents the war eagle and not a cooing dove. In addition, the de sign includes the figure of the war gt)d, Zeus, who is seated on a throne with a scepter, or ”bif* stick” in his powerful clasp. Secreucry Bryan had j adopted the seal as emblematic of his desire for world amity The revelation was made in a letter to the secretary from Sir Cicil Arthur Spring-Rice, British ambassador to this country, who made inquiries of the British museum. There it was found that the coin, which Secretary Bryan picked up in Palestine while on a trip around the world, was of the time of Alexander, the Great. On the other side from that bearing the bird is a head of Hercules, famous Greek hero of mighty deeds. In addition to the offi cial seal of state, it has been custom ary for secretaries of state. when signing treaties, to use also a 'personal seal. When appointed Secretary Bryan had a seal made from the coin. Catarrh Treated FREE This New Combination Method Routs Out the Germs from Bead, Throat and Blood. Follow ing the arrow, you will note on the illustration the cavity of the head partly shown. Here the dread ful Catarrh germs do their evil work on the tender mucous membranes. A local treatment is necessary to dislodge them, bqt that is not enough. They must also be followed into the blood and killed. This treatment does both. It must be borne in mind that catarrh is one of the most insidious of diseases and one of the hardest to destroy, just , because of this tendency to retire from the surface when the germs i are attacked. O# E. Gauss Has Devised a New Positive Method. By treating both the blood and the inflamed tissues at the same time the Catarrh germs are not only' routed but are cut off from their usual retreat—into the blood. Instead of hiding there until the local treatment stops and then returning, they are destroyed and the system is rid of them. Thus, and thus only, is a real cure of this insidious and awful disease made possible. For years Mr. Gauss sought to find a cure for catarrh through local treatment, and per fected a means that would dispose of local symp toms very rapidly. But, the disease nearly al ways came back, and so he concluded that It had Iain hidden in the blood. More years of research brought the blow! remedy needed—and now this wonderful Combined Treatment is the result. Find out for yourself! Send the coupon to day and let the free trial treatment prove what this means to you. , Fre - * Trial Coupon 0. E. GAUSS, 4737 Main St., Manhall, Mich. Send me the Free treatment for Catarrh. It is understood I am to be under no obli gation, whatever, and no expense. At. City state SUMMARY OF FRANK EVIDENCE AT END OF THE THIRD WEEK Defense Has Attacked the State s Case at Every Point, Considering N o Detail Too Small to Raise a Reasonable Doubt Against It. W HEN the third long week of the trial of Leo M. Prank ended Saturday afternoon 203 witnesses had taken the oath and told the jury what they knew of the circumstances surrounding Atlanta’s greatest tragedy, the murder of Mary Pha- gan in the National Pencil factory on Memorial day, April 26. Of these witnesses thirty-four had tes tified for the state and 169 for the detense and among them all only one directly connects the factory J superintendent with the crime. Jim Conley, the negro factory sweeper, is Frank's accuser. He not only accuses the superintend- 1 j ent of murder, but adds the j charge of perversion and It Is through this charge that me state hopes to show a motive for the . crime. I Center of Attack Much of the most determined work done by the defense during the third week, just finished, has been concentrated upon the testi mony given by H. P. Harris, sec tary of the state board of health, and upon the testimony of C. B. Dalton, both of whom were intro duced by the prosecution. In attacking Dr. Harris’ testimo ny, the defense introduced several physicians who characterized Dr. Harrie conclusion as guesses and said that they attached no impor tance to them and believed them to be without scientific founda tion. It will he remembered that Dr. Harris’ testimony fixed the time of Mary Phagan’s death, in ihe opinion of the witness, at not more than 45 minutes after she ate her last meal of cabbage and bread at home and started for town to meet her death. This was based upon the stage of di gestion attained by the contents of her stomach and arrested by death. Dr. Harris testified further re garding omer details which had convinced him that violence ot some nature was inflicted upon the girl, and that she was render ed unconscious from the blow up on tile back of her head, being choked to death later by the cord around her neck. The defense as sailed each of the conclusions, combating most vigorously the one that Mary Phagan was killed within a specified number of min utes after her last meal. Witnesses from Walton county were introduced one after another i to swear that they know C. B. Dalton 'and that they would not believe him on oath. Dalton’s own experiences with the crim inal law were revealed, the de fense lawyers securing his admis sions of them. Dalton’s testi mony was menacing to the de- lense because it purported to cor roborate in incidental particulars the general story told by Jim Conley—whose evidence is the center of the whole attack by the defense. Points at Issue The state has sought to prove that Mary Phagan met her death in the metal room on the sec ond floor of the pencil factory before 1 o’clock on April 26. The defense has sought to re fute this with testimony that it is impossible to determine the hour in which the girl died, ana that there are chances that she met her death in anotner part of the building. The state clings to the theory that the girl was struck on the head, rendered unconscious by falling tgainst a piece of ma chinery, then was strangled to death by a cord. The defense has put its wit nesses up to testify war the wound on the back or tne dead girl’s head may not have caused unconsciousness and that me manner in which she mst death is a question which possibly no physician can answer correctly. The state has sought to prove that Prank was the last person to see the girl alive. So far nothing has developed In the trial to show that the girl was seen after she drew her pay from the factory superintendent. By the testimony of Montaen Stover, who swore that she found Frank's office vacant at 12:05 o’clock on the afternoon of the tragedy, and waited five minutes, aind left then without having sefen or heard anyone, the state got before the jury the allegation that just after Mary Phagan was supposed to nave entered the factory neither she nor the factory superintendent was seen around the office by the witness. On this too the de fense directed a heavy attack, introducing witnesses who swear they saw Mary Phagan get ofr a trolley car as late as 12:10— thus tending to make Immaterial Prank’s absence from his office while Monteen Stover was there. The state has produced a wit ness (Conley) who says he neard a girl scream after r*ary Phagan entered the factory, out this same witness says that Mary en tered ahead of Monteen Stover, and the latter swears sne enter ed at 12:05, and then too accord ing to the defense’s witness Mary Phagan was seen outside of the factory after that time. The state has sougnt to prove that violence was done the girl before her death. The defense has put its experts on the stand to swear that testimony that vio lence was done is only guess work; and many well Known A MILLION WORDS OF TESTIMONY. T HE trial of Leo M. Frank, charged with the murder of Mary Phagan, is believed to have broken at least three records' in criminal prose cution in the south. More witnesses have been called than in any other case on record, more actual time has been taken up in hearing testimony, and the transcript of evidence is the most voluminous, so far as known, ever taken in a criminal court south of the Mason and Dixon line. When court adjourned Saturday afternoon thirty-four witnesses had been called by the state and 169 by the defense, a total of 208; for three weeks the jury had listened to testimony, having spent approximately 115 1-2 hours in court; and the evidence transcribed by the stenograph ers exceeded 875,000 words. It is considered likely t^at before the end of the trial nearly 800 witnesses will have been called and the transcript wilt total consider ably more than a million words. One of the most remarkable features of the trial is the yiay in which the court stenographers have taken down the testimony. The defense, anticipating the need of having a copy of the official record in their possession as Quickly as possible after a witness' testimony has been taken down, engaged two extra stenographers to work with the two regular court reporters of the county. The four work in relays. One will “take” for an hour. He will then be relieved, and while another is writing down the questions of the attorneys and the answers of the wit nesses he is either typing from his notes or reading from them into a dictophone. In the latter event an assistant takes the testimony as it is dictated by this device. In this way the defense is able at any time to refer immediately to any part of the testimony which has already been given in the trial. Atlantians have testified to the good character of Frank. The state has sougnt to prove that when Frank went nome to eat lunch on the day of the trag edy he left immediately without eating, but the defense produces witnesses who swear that Frank remained in his home at least forty minutes at that time. The stats has sought to prove that the accused was very nerv ous on the day following the tragedy, and that nas seen ad mitted by the defense; nut tne defense has put up witnesses who swear that Frank was noc nervous on the night os tne trag edy and did not become so until he was informed by the detec tives that a girl had been mur dered in his place of business. V Attack Is General In every detail, no matter how minute, the defense has attacked the state’s case against Leo M. Frank. No particular has been considered too small to escape the efforts of Attorneys Arnold and Rosser to raise a reasonable doubt against it if they could; and no particular has been too small for Solicitor Dorsey and his assistant, Attorney Hooper, to permit an at tack upon it to go unchallenged nd unresisted. From one angle, then another, the defense aimed its bombaidment; and at one an gle, then another, state’s attor neys have striven to fend off any damage to their case, impugning a witness -when they could, striv ing to ridicule him or her, en deavoring to show interest, exces sive :cal for Frank, or other coii- troiling motive, and have been on guard at every moment against the determined onslaughts of the attorney;, for the accused. Week’s Developments Monday the defense continued its attack on the testimony given by Dr. H. F. Harris that Mary Phagan died within a half or three-quarters of an hour after eating her midday meal and that there were evidences of violence immediately preceding death. Dr. Leroy Childs began the attack on the evidence of the secre tary of the state board of health on Saturday week, and on Monday Drs. George Bachman, Willis Westmore land. T. H. Hancock and J. C. Olm- stead testified and were followed and substantiated on Wednesday by Dr. v W. S. Kendrick. In nearly every instance where a physician testified for the defense the testimony, or parts of it, as given by Dr. Harris was refuted. When the evidence given by the physicians for the defense is boiled down to an essence, it is to the ef fect that in their opinion the state ments by Dr. Harris that the girl . died within the time limit set by him is but a mere guess, and that his testimony that violence preceded death is a second guess. The jury heard medical testimony that it would be impossible for any physician to examine cabbage from the stomach of any patient and state the correct length of time the food, had remained in the stomach. To substantiate this, several jars of partially digested cabbage taken from the stomachs of several pa tients were exhibited to the jury with the statement of a physician that no one could tell exactly how long any of the exhibits had re mained in the stomach. Was Violence Committed ? Some of the evidence given by these physicians termed Dr. Harris’ statements that violence had been committed on the girls shortly be fore death as a mere guess. It was testified that the distended condition of the blood vessels might have re sulted from numerous causes. It will be recalled that Dr. Harris testified that he examined parts of the body nine days after death, and that Dr. J. W. Hurt, the coroner’s physician, testified he had made an examination prior to that by Dr. Harris. The jury was told that the* first examination might have caused the conditions noted under micro scope by the state board of health's secretary. As to the distended con dition of the blood vessels, it was testified that the injection of the embalming fluid and several other causes might have produced the same conditions. That Frank’s work on the finan cial sheet, which it has been testi fied required expert work running Into dtHcete decimals, could not have been done by any one commit ting such a crime as is charged to CASTOR IA For Infanta and Children. The Kind You Have Always Bought sfgnaTurtlf the factory superintendent imme diately following the committment, was what the defense hoped to show by the testimony of export account ants who were put on the stand. *Joel Hunter, the last witness to testify Monday, gave his opinion that the work done on the sheet made out on April 26 was the work of Leo M. Frank, and in substance was correct. Dalton’s Story Eliminated Twenty-two witnesses took the stand on Tuesday and six of them gave testimony impeaching C. B. Dalton, one of th<j witnesses put up by the state to corroborate Jim Conley in his testimony that he fre quently acted as lookout for Frank on Saturdays and holidays when women visited the superintendent at the factory. Dalton was pictured by the witnesses as anything but a truthful witness. His past was exposed in the court and when he himself was recalled to the stand admitted portions of the testimony derogatory to his character. These witnesses against Dalton were brought to Atlanta by the de fense from places where Dalton had formerly lived. They told of his indictment by a grand jury, of a conviction for a certain crime and stated that they would not believe him under oath. Dalton, It will be remembered, was expected to prove a strong witness for the state in its corroboration of the negro’s story. He admitted visiting the factory after work hours with certain women employes of the place and stated to the jury that Frank fre quently had womeii visitors at the time he made his Visits. His im peachment by witnesses from his former homes, eliminates, to a cer tain extent, his testimony as ma terial. The defense scored again on Tuesday when Miss Magnolia Ken nedy was on the stand. Her tes timony refuted that given by Helen Ferguson that she asked for Mary Phagan’s pay on the Friday before the murder and it was refused. Miss Kennedy works in the pencil factory and declares that she knew both Mary Phagan and Helen Fer guson. She told the jury that she followed the Ferguson girl to the pay window and that nothing was said about Mary Phagan’s pay. She also declares that she went out of the factory immediately behind Helen Ferguson * and both walked on down the street in the same di rection. Cook Denies Affidavit Minola McKnight, the negro cook in the Selig home where Mr. and Mrs. Frank live, was also on the stand Tuesday and denied the truthfulness of her affidavit made to the police concerning the actions of the accused immediately following the tragedy. The negress declared that she had been forced to sign the paper and that most of the al legations were false. Mr. and Mrs. Emil Selig, the fa- . ther- and mother-in-law of the ac cused, took the stand In defense of the factory superintendent on Tues day and corroborated the statement made by Frank to the coroner con cerning his moves on the day of the tragedy before and after the hour in which the girl met her death. They denied anjr knowledge of certain matters mentioned in the Minola McKnight affidavit, reflect ing on the behavior of the accused on the Saturday of the tragedy and the Sunday following. Charles W. Bernhardt and Henry Wood were called to the stand to tell the results of their examina tions of the Selig home and explain the blue prints of the home to the jury. Albert McKnight, husband of the Selig cook, had stated that he was sitting in the kitchen and saw Frank enter the dining room on the afternoon of the tragedy, go to the sideboard and leave without eating. According to expert testi mony it Would be impossible for any one sitting in the kitchen at th* point where the McKnight negro claims he was sitting to see the parts of the dining room as testi fied by him. Character Evidence On Wednesday the defense put the character of the accused to is sue and no sooner had the charac ter evidence started well when the real sensation of the week occurred in the court room. It was Frank’s mother, Mrs. Rae Frank, of Brook lyn, N. Y., who startled judge, jury, counsel and spectators by shouting her denunciation of Solicitor Gen eral Hugh M. Dorsey when he asked a question of a character witness reflecting strongly on the character of the defendant. John Ashley Jones, an insurance man, had been put up by the de fense and had just told the court that after investigation, his com pany had found the character of the accused man to be good. When the solicitor began his cross-ex amination he asked several ques tions concerning $he investigation made by the insurance company and then began a series of ques tions, all of which the witness an swered in the negative, but never theless claused the jury to lean for ward and caused the mother of the accused man to give vent to her indignation by shrieking a denial of a certain question before the witness on the stand could answer in the negative. * The solicitor asked the witness if he n«ver heard of Frank’s familiar ity with little girls around the fac tory. To this Mrs. Rae Frank shouted: "No. and you haven't either!” Following nor outburst she loft the room. The solicitor used the names of several with whom he intimated the factory superintendent had been familiar. He is expected to call them in rebuttal to the character witnesses who have testified for the state. Can Dorsey Supply Link ? What evidence the solicitor has to use in rebuttal is indicated only by his questions to the witness Jones'and by the sudden appearance in Atlanta of the former inmate of the Home of the Good Shepherd, in Cincinnati, in company with the po lice matron. The only evidence derogatory to the accused’s char acter was given by the negro Jim Conley who charged perversion to the factory superintendent. While the state was having its innings no evidence was given to corroborate this charge because the character of the deefndant had not then been put in issue by the defense. Now that the defense has put up wit nesses to prove the accused’s good character, the state can put up testimony to prove the contrary. It is understood that the solicitor will call this girl, who has just re turned from Cincinnati, and other witnesses, who will be ready to blast the character of the defendant if they are asked the questions by the defendant’s own counsel. Judge Roan permitted the solicitor to ask defense witnesses questions reflecting on Frank's character Wed nesday, and on Thursday refused a request of the accused’s counsel to have the questions stricken from the record. The trial judge held that the prosecutor had a right to question character witnesses as to whether they had heard certain things derogatory to the defendant’s character. Frank’s Story Corroborated On Thursday the defense put up witnesses who, by their testimony, accounted for the presence of Frank at almost every hour during the day of the tragedy. The story of his movements as he told it to the cor oner immediately after the murder was fully corroborated. He was trailed from his home in the morn ing to the factory, from his office over to Montag's office and back to the factory; from his office to where he took a car, and from the time he stepped from the car in front of his home until he left again in less than an hour. He was also seen on Whitehall street after getting off the car on his return to the office for his afternoon’s work. The members of the card club whose party was being given at the Selig home on the night of the tragedy took the stand and ac counted for his presence that night. The state has proven, and to a cer tain extent it is admitted by the de fense, that Frank was nervous on Sunday after being informed of the murder. The state contends that this was the nervousness of a guilty man, while the defense contends that under the same circumstances most anyone would have been very much agitated. Those who attended the card party on the night of April 26 declare that Frank was his natural self; that his actions indicated anything but ner vousness, and that he sat in the hall and read for at least two hours dur ing their visit to the Selig home. By this testimony the defense hopes to show that Frank had no knowl edge of the crime until Informed by the detectives, and consequently was not nervous until after he. learned that a little girl had been slain in the factory of which he was super intendent. Court Records Broken When Thursday morning’s session of the trial opened all court rec ords for Georgia had been broken. The testimony through Wednes day night amounted to 600,000 words, enough matter to fill 500 columns of newspaper print. One feature of the past week’s developments which stands out sig nificantly is the loyalty of the de fendant’s classmates from Cornell. Several of the young men who at tended college with him came from their homes in the east to testify to his good character. With them came two professors of the univer sity. Friday was taken up with testi mony by Atlantians bearing on the good character of F^ank and by evidence given by factory employes against the character of Jim Con ley, the negro who accuses Frank of the crime and who admits having disposed of the body after the girl’s death. Members of Conley’s own race delcared that they would not be lieve the negro on oath, that he could not be trusted and that from what they knew little dependence could be put in what he said. White women who knew both the negro and Frank told the jury that the negro was unreliable and that from what they Knew Frank’s character was good. Forty-one witnesses. many of them prominent Atlantians. bore testimony to Frank’s good charac ter on Friday and were followed on the stand by the accused’s own mother. Mrs. Rae Frank, of Brook lyn, occupied the chair Friday aft ernoon and resumed it Satur day. Nothing of great interest was developed by her testi mony except that portion refer ring to the letter which her son wrote on the day of the tragedy Railroads Demand Increase, In Pay for Handling Mail On , Account of Parcel Po i Seventeen Western Lines Unite in Petition to Postmaster General Burleson, Not Satis fied With 5 Per Cent In crease Already Granted (By Associated Press.) ST. LOUIS, Aug. i«.—officials of sev enteen western railroads, including the Santa Fe, Burlington. Rock Island and other trunk lines, signed a telegram that was sent today to Postmaster General Burleson Urging the government to in crease the compensation of the roads for handling the mails. The increase is asked on the ground that the volume of mail has greatly increased as a result of the establishment of the parcel post and will further increase after August 20. The telegram was sent as the result of investigations conducted by a committee appointed by the railroads. The tele gram says in part: ‘‘The undersigned are prompted re spectfully to ask you to consider wheth er the United States government is really dealing fairly with the railroads of the country as to the matter of pay- in connection with the introduction and extension of parcel post service. “The testimony of the postoffice de partment before the senate committee July 25 showed that the first three months’ business of the department after the installation of the parcel post had a gross increase in postal revenue of 14.54 per cent, of which at least 9.16 per cent was attributed to the new par cel post business. ‘‘On the basis of this statement the government must have collected not less than $11,266,800 in revenue from the parcel post for the first six months be ginning Januarv 1. ONE INCREASE ALREADY. "To remunerate the transportation compar.ier# for the additional parcel post business transported, congress pro vided, beginning July 1, a 5 per cent gross increase in their mail pay based on rates, zones and weight limit in the original act, although the addi tional business transported amounted to at least 9.16 per cent:, according to the testimony of the postoffiv,e department Thu extension of the parcel post In augurated August 15, when the weight limit was raised from 11 to 20 pounds and mileage increased, is certain to result in vast enlargement of busi ness. "The government will collect postage on this business but no provision has been made to pay the railroads for transporting it. Not only will they re ceive no compensation for this in creased business but* will suffer the actual loss of earnings previously de rived from the same traffic when car ried as express and freight. ‘‘Congress is In session and can im mediately remedy this condition in ac cordance with suggestions made by the committee on railway mail pay in let ter to you July 30. which we en dorse.” f Officials of the following railroads were included among the signers of the telegram: Atchison, Topeka and Sante Fe: Missouri Pacific, Iron Moun tain; Missouria, Kansas and Texas; St. Louis and Southwestern; Chicago, Rock Island and Pacific; Illinois Central; St. Louis and San Francisco; Denver and Rio Grande; Texas and Pacific; Chicago and Eastern Illinois. and mailed to his uncle in New York. This letter was introduced as evidence. Its contents referred to Memorial day and to grand opera in Atlanta. Saturday's Testimony Fifteen girls who work or have worked In the pencil factory were on the witness stand Saturday and of the number, only* one cast a slur on the character of the factory su perintendent. Miss Irene Jackson, the daughter of Policeman A. W. Jackson, who has quit' the employ of the factory since the murder, while under cross-examination de clared that Frank had looked into the dressing room of the factory while some of the girls were in only half attire. Solicitor Dorsey made an attack on the Pinkerton detectives Sat urday while W. D. McWorth, one of the agency’s men was testify ing concerning a bloody bludgeon found In the factory. The solici tor charged that the Pinkertons had not worked in harmony with the city police and had withheld evidence from them. Harllee Branch, a Journal reporter, was the last witness on the stand and court adjourned while he was under the solicitor’s examination. 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