Newspaper Page Text
f
Detectives Seek to Confront Leo
Frank With Sweeper to Clear
Maze of Falsehoods.
Continued From Page 1.
made to
tf
poi
Tuesday night,
Conl«*v declared that Instead of writ-
lay, he wrote
four minutes
inf? the notes on F*rb
them Saturday about
before 1 o’clock.
His second statement is impeached
by the fact that the negro has repu
diated his tirst affidavit It may be
impeached further by the develop
ment that at the time he says Frank
was dictating the notes to him Frank.
y» a matter of fact, was on another I
floor talking to Harry Denham, Ar
thur White and Mrs. White.
Frank and the other three persons
all have testified that It was within a
feu minutes of 1 o'clock that Frank
came upstairs and said that he was
going to leave the building and that if
the three did not wish to be locked in
the building they would have to lcav*
also. Mrs. White left at 1 o'clock
Frank and Denham and White re
mained in the building
The negro in making the second
statement described exactly who was
in the building at the time, on what
floors- they were and wnat they were
doing, indicating that he must actual
ly have been there or else has read
the papers very carefully. Until his
second statement he had denied re
peatedly that he was in the factory on
the day of the crime, and had told
the detectives of his whereabouts at
various time? of the day.
Unable to Prove Whereabouts.
He was unable, however, to corrob
orate his declaration that he was on
Peters Street between 10 o’clock in
the forenoon and 2 o’clock In the aft
ernoon. He could name no one he had
seen between those hour u .
Despite the new developments, the
detectives, of course, stand firmly by
their theory of Frank's guilt They
assert that they have the testimony
of four handwriting experts that the
writing on the notes found by the
body of Mary Phagun positively *is
that of Frank. This evidence is les
sened in importance by the fact that
three other handwriting experts have
dec lared as positively that the writing
Is that of Newt Lee. the negro night
watchman in the pencil factory.
So far as is known no expert com
parison has been made between the
notes and the handwriting of Conley.
If such a comparison has been made
the results have not been announced.
The detectives are placed in a pe
culiar position by the new statement
Of Conley. If they are to believe a
word of hi* abatement that he wrote
the notes at Frank's dictation they
are forced to discredit absolutely the
testimony of their four handwriting
experts that the notes are those of
Frank. If they accept the testimony
of the experts, on the other hand, they
must take tile position that both the
first and second statements of the ne
gro are worthless and have no bear
ing on the mystery.
Contradicted by Wife.
Maggie Conley, wife of James Con-
ley* whose; confession that he wrote
the mysterious notes found at the
side of murdered Mary Phagan at the
nictation of Leo M Frank, has devel
oped into one of the most puzzling
incidents of the case, .made a state
ment to a Georgian reporter on Wed
nesday morning bearing on the
whereabouts of her ‘husband on the
afternoon of the murder that is utter
ly at variance with statements made
ti\ Conley.
Conley has repeatedly told detec
tives that on the evening of April 20,
the night Mary Phagan was mur
dered, he left his home at 172 Rhodes
Street at 6 o’clock and went down
town. remaining then- until 8. when
he returned home
The woman who says she ‘Ms
Hearst's Sunday American and Atlanta Georgian
PONY CONTEST VOTE COUPON, WEDNESDAY, MAY 28, 1913
5 VOTES
NOT GOOD AFTER JUNE 12, 1913.
Vote for
Witness Says Fleet Turned Trick
+••5-
Defense’s Mainstay Faces Tail
Address
CARRIERS' AND AGENTS’ BALLOT.
Hearst’s Sunday American and Atlanta Georgian
Pony Contest Vote Coupon, Wednesday, May 28, 1913.
5 %/ATrC NOT GOOD AFTER
vv/l L3 JUNE 12, 1913.
Vote for
Address
SCHOOL BOYS’ AND GIRLS’ BALLOT.
‘Colonel Averted War With Japs’ JACK LONDON’S
JLife jnJ Grade rf Sfiar/Mvel
The SCARLET PLAGUI
Demins m
FRII MAGAZINE
GIVEN WITH NEXT
sunn
Hammerstein Quits
London Opera Field
Special Cable to The Atlanta Georgian.
LONDON, May 28.—Oscar Ham-
mersteln’8 operatic connection with
London was severed to-day with the
sale of his interest in the London
Opera House to E. A. V. Stanley,
chairman of the syndicate which had
leased the building.
The sale was made in the name of
Arthur Hammerstein, a son of Oscar,
and was consummated with 48 hours
after the Hammersteins had paid
a $240,000 mortgage on the opera
house.
Council of Griffin
Still Defies Mayor
wife told a Georgian reporter that
Conley came home at 2 o’clock in the
afternoon of April 26. !»nd RE
MAINED AT HOME UNTIL MON
DAY MORNING AT 8 O'CLOCK.
APRIL 28, when he went to work at
the pencil factory. He returned home
about an hour later, she said, and
told her he didn’t have to work that
day, because a white girl had been
murdered.
Her Story of His Actions.
The woman told the following story
of her husband’s action on the day o'
the murder:
••Jim left homo about 9 or 10 o’clock
Saturday morning and said he was
going downtown. He came back
somewhere in the neighborhood of
o’clock, and told me he had been at
the near-beer saloon* on Peter:
Street with a gang of niggers 1 w.<s
in the kitchen when Jim came in the
front door, and I heard him moving
around in the front room several
minutes before I called him. Then he
began Joking me and fooling like he
always does. We sat In the front
room and talked a little while and
then I went hack in the kitchen.
•‘1 heard Jim moving around after
I went into the kitchen, and 1 thought
he was going out again I went into th«
front room and couldn’t see Jim I
reached over to pick up a shawl that
had fallen to the floor, and Jim poked
his head over the top of the dresser.
He had been hiding behind it, just to
nee what 1 would say We sat around
ail afternoon and talked, and Jim
didn't leave the house any more until
Monday morning, when he went to
work.”
Not Seen by Neighbors.
The woman said her husband did
not appear nervous or excited when
he canm home on the Saturday after
noon of the murder.* She said he is
always fooling and Joking, and was
even a little more playful than usual.
She said also that he said nothing to
her about having written any notes
for Mr. Frank, and said she had never
heard him speak of his employer.
No negro crtuld he found in the
neighborhood where Conley lives who
had seen him at home Saturday aft
ernoon.
Hattie Crawford, a negres»s who
liven at 170 Rhodes Street, next door
to Conley, declared that she was at
home all Saturday afternoon and Sat
urday night and that she did not sot
Conley. The first time she saw him
was Sunday morning, when he was
sitting on a stump in his back yard,
.•Jo- says.
Accuse Negro Conley.
In an effort to discover how the
negro Jim Conley, now the center of
attention In the Phagan mystery, was
regarded at the National Pencil fac
tory by the glrlR employed in the
trimming and finishing departments
where Conley worked us a sweeper,
two Georgian reporters late Tuesday
afternoon interviewed six foreladies
and some 50-odd girls at the factory.
37-39 South Forsyth Street.
Without exception, the ordinary
workers said that they hud no oppor-
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tunity to over Judge Conley’s charac
ter. as they were too bury and there
were fo^eladies there to protect them.
Mrs i » w Small, a forelady of 97
West Fair Street, said that before the
murder of Mary Phagan the negro
Jim Conley was slow moving and
negligent of ills duties, taking his
time about performing any task ho
was asked to do.
"After the Phagan murder,” said
Mrs. Small, “I noticed a groat change
in the negro. He did the things I told
him to do with much more prompt
ness. Hits whole demeanor changed.
■ I never did trust him.’’ declared
Mrs. Small, “and he knew it. 1 cer
tainly believe that if anyone working
in this factory did that terrible deed
It was the negro Conley. 1 said from
the first that it was no white man’s
Job, and 1 have always believed that
Mr Frank was innocent.”
Several of the young women, how
ever. defended the negro as a fairly
good workman
All Think Frank Innocent.
Every employee of the National
Pencil factory, without exception,
scouts the idea that Leo Frank had
anything to do with the fate of Mary
Phagan. Each one is loyal and Is yet
to be convinced that he had any part
In the crime of which he now stands
accused.
One woman who is employed in the
finishing department asserted that the
negro Conley was impudent several
time.
A number of the girls stated that
they had smelled whisky on the negro
Miss Eulah May Flowers told of her
experience when she went to the stor
age room one evening and there stum
bled over Conley. who was dead
drunk, stretched on the floor.
E. F. Holloway, the timekeeper and
foreman of the pencil factory, says he
had lust about made tip his mind to
discharge Conley when the crime was
committed, but Conley showed im
provement and that he kept him on.
until he caught him washing the shirt
which caused his arrest.
Deductions Damaging.
Making deductions from Conley'#
first affidavit, here are a few facts
which tend to throw suspicion on the
negro:
ConJey fays that Frank, after dic
tating the notes, said to him: “Why
should I hang?” If Frank intended
committing a deed which would war
rant hanging It is preposterous to
hold tHat he would so commit himself
to as unreliable a person as a negro.
Conley did not say he had written
the notes until after he had lain in
Jail for weeks. Yet. his confession
was not in the least incriminating to
himself.
Conley made his statement not until
Frank's case was under investigation
by the Grand Jury He made it vol
untarily then.
Frequently Intoxicated.
Conley, the negro, was brought into
close association with the factory girl
employees. As sweeper he brushed
the refuse from beneath the chairs in
which they sat. As elevator conduc
tor he operated the cage, crowded
with girls, up and down the shaft.
Conley frequently was intoxicated
while on duty.
On the afternoon of the murder
Conley's story as to his whereabouts
lack corroboration. The negro states
that he was on Peters Street for at
least two hours, yet he can give the
name of no one whom he saw there
during that time to bear out his
statement.
At the flrat address Conley gave as
his home it was found ho had not
livfcd there for a year.
Mrs. Arthur White, wife of a ma
chinist at the factory, declares she
Maw a negro sitting by the elevator
shaft (which Conley operated) as she
left the factory at 1 o’clock
I
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1. 52 We
MEN WELCOME
MOTHER'S FRIEND
A Duty That Every Man Owes
to Those Who Perpetuate
the Race.
had re-ad the newspaper or heard th»
report in quotation. If Mr. Newett
takes the stand and swears he had
eard or read such reports and be
come pertinent.”
T. R. Coins New Expression.
“Bully, plus,” was the new expres
sion coined by Colonel Roosevelt this
morning to describe his state of phy
sical well-being, following a long
walk along the shores of Lake Supe
rior and a hearty breakfast. He
arose early and appeared in excellent
spirits when court opened.
John Callan O’Laughlin, Washing
ton correspondent for a Chicago
newspaper, the first witness called,
devoted the early part of his testi
mony to answering questions relative
to the intimacy of his friendship with
the former President.
Prior to the examination of
O’Laughlin the counsel for the de
fense spent three hours going over
‘200 depositions they expect to pre-
! sent, and discussing the points they
hope to bring out in support of the
Gibson Slaying Case
Near Jury's Hands
NEWBURGH. N. Y., May 28.—
Summing up began here to-day in
the trial of Attorney Burton W. Gib
son, charged with strangling Coun
tess Rosa Menschik Szabo on Green
wood Lake on July 16 last to secure
her estate.
counsel that he was very anxious to
have the case in the jury’s hands be
fore night.
A wonderful magazine given
FREE with every copy of the
next Sunday American.
FREE, NEXT SUNDAY.
GRIFFIN. OA., May 28.—Another
chapter to the long fight between the
j Mayor and Council of Griffin whs writ-
I ten last night when the Finance Com
mittee recommended and Council voted
to accept the auto fire truck just deliv
ered by the American-LaFrance Fire
! Engine Company. Excepting the protest
of Mayor Smith, no opposition was
raised.
No method of payment is prescribed,
although a warrant for payment is di
rected. This is mooted question.
Sulzer Ends Waste
Of Seized Liquors
ALBANY. N. Y.. May 28. That
many a gallon of liquor has failed in
its mission as the result of raids con
ducted by the State Dej>artment of
Excise, which for years has destroyed
liquors seized, has been pointed out
by the excise department.
Under a new law recently signed
by Governor Sulzer confiscated liquors
will be sold at auction.
Abernathy Kids Ride
Pop-Pops to Gotham
OKLAHOMA CITY, OKLA.. May
28.—The Abernathy kids left Okla
homa City this morning on their mo
torcycle trip to New York.
R. Abernathy, the boys’ father,
met them at Guhtrie, and will not see
them again until he meets them in
New York, where they are scheduled
to arrive on June 15. They are to
appear in European theaters.
^ Louis is 13 years old and Temple is
Atlanta Teachers'
Tests, August 15-16
Superintendent of Schools Slaton
announced Tuesday that an examina
tion will be conducted August 15 and
16 for applicants for positions in ths
city schools.
All teachers who propose to take
re-enforcing examinations, all who
desire to improve on old records and
all new applicants are invited to ap
pear for the examination in August.
The Name
KIMBALL
on a
PIANO
means that scrupulous care has been given every detail of
construction; that every part has been manufactured by
the W. W. Kimball Company; that it has been made by
skilled workmen, under the direction of experts in their
respective lines. That ability, experience and responsibility
are back of the piano. The ear and eye can judge of the
Beauty of Tone
the construction, case design and the finish, but you must
look to the name for reliability of construction, and the
assurance that the good qualities will endure. The house of
KIMBALL has had an experience of over fifty years in the
music industry, and artists, amateurs, and thousands of sat
isfied customers give abundant proof of the merit of the
Kimball.
We are showing a large variety of styles in 88-note
Player Pianos and Uprights. We have your choice in woods,
such as Rosewood, Walnut, Circassian Walnut, Oak. Mis
sion, Satin Mahogany and Mahogany. Prices ranging from
$195 to $1,250.
Our one, absolutely one, price insures you. whether an
experienced buyer or not, of securing the best instrument
for the amount you wish to pay. It is not safe to buy a
piano, or any other article of merchandise, from a dealer
who has a sliding scale of prices, because you will never
know when he has given you his lowest price. Then, too,
vour neighbor mav buy the same merchandise for from
$50 to $75 less money. A piano has but one value, and that
should fix its price—the right price. Each and every in
strument on our wareroom floor is tagged at the cash figure,
and no one pays more or less.
It is not only safe, but pleasant, to deal with the world’s
largest manufacturers of Pianos, Player Pianos, Residence
and Church Pipe Organs, through this Branch Store.
Cash, or convenient terms arranged.
Colonel Roosevelt and. at t
sued for libel; at the bottom, -Tu
Deposition,Said to Accuse Roose
velt of Being Drunk, Will
Be Read to Jury.
Continued From Page 1.
U is Just as Important that men should
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This is a wonderful penetrating, exter
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g . dance f«»r expectant mothers Get
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tation in Marquette County, in this
country and in the civilized world. In
the plaintiff's bill, he assorts that his
reputation for sobriety is well known
throughout the 48 States of this coun
try. and that his reputation for sob
riety was good before the publication
of this article by the defendant.
Disclaims Any Malice.
“Mr Pound is an able lawyer. No
lawyer in Michigan has tried more
libel suits than he has. He knew that
damages could be increased by reason
of malice behind the publication. We
will show there was no malice.
“In our answer we set up that there
was no malice and that publication
was made in good faith and that the
defendant had been told and believed
reports of Roosevelt’s drunkenness
were true.
"Dr Abbott recognized the exist
ence of such reports and deemed It
worth while to answer them In The
Outlook. Therefore, we have a right
to show- the existence of thence reports
as showing good faith and absence of
malice on the part of this defendant. ’
“We shall not claim,” said Attor
ney Pound, “any vindictive or puni
tory damages. We ask only actual
damages such as would accrue'in the
absence of express malice. This is by
tU\ > ctIon of tb«‘ plaintiff,”
Claim Actual Damages.
"That means,” said the court, “only
actual damages, which my. be t» cents
or $60,009.’’
"That is correct.” said Mr. Pound.
“Then.” said Attorney Belden. "in
the absence of the demand for a re
traction. no damages may be asked
by way of punishment. Rut counsel
has already charged malice to this
jury and we can not eliminate? these
impressions from their minds. There
fore. we have a right to show there
was no malice and w e purpose to of
fer testimony of men of standing to
show this general reputation.
"Precedents are few. for men of
j Roosevelt's standing and prominence
have seldom brought such suits, but
\Ve have a somewhat parallel case in
that of Dailey vs. Kalamazoo Pub
lishing Company in the Supreme
Court.”
Cites Parallel Case.
He then cited the case.
Colonel Roosevelt held a w hjUspcied
conference with Attorney Van Ben-
schoten.
• Mr Belden and ourselves arc not
very far apart.” said Van Benschoten,
addressing the court. "Newspapers,
however, do not always tell the truth
and reports can not *6*' admitted un
less it is first shown that Mr Newett
editorial in which Newett stated that
Roosevelt “was drunk, not infrequent
ly.” Judge Flannagan also an
nounced there will be no session of
the court on Memorial Day. but that
a full day’s work would be done Sat
urday.
Known Him Many Years.
O’Laughlin testified that he came
to know Colonel Roosevelt when the
latter was Assistant Secretary of the
Navy in 1897; that Roosevelt dis
suaded him from enlisting at the time
of the Spanish-American War be
cause he (O’Laughlin) “was married
and had no money to keep his wife,’
and that during the seven years
Roosevelt was President he saw him
morning, noon and night and at the
shaving hour. It was Roosevelt’s cus
tom. he explained, to receive callers
while he was being shaved each
nnnning.
Following the expiration of the
Colonel’s term as President, the cor
respondent continued, he met him at
Khartoum upon his return to civili
zation from Africa; accompanied him
on the greater part of his Continental
tour, and upon his return to the Unit
ed States met him frequently until
the New York campaign in 1910 and
the sw ing around the country in 1912,
when he was with the Colonel’s cam
paign party. His testimony regard
ing Roosevelt's drinking follows:
Denies Seeing Him Drunk.
y. From that acquaintance what can
you sav as to whether or not you ever
saw him under the influence of liquor?
A. Not only have 1 never seen him un
der the influence of liquor, but such a
suggestion seems to me silly.
Q. Ever sec him drink?—-A. 1 have
seen him drink a small stem glass of
champagne at dinners. He never drank
more than ..tieglass.
y What is the Gridiron Club? A. An
organization of newspaper men in Wash
ington. organized to receive distin
guished men. It gives two dinners a
year.
y. Are there official dinners in Wash
ington” A Four dinners* and five recep
tions given by the president are official.
Main Witness Faces Arrest.
James Martin Miller, depended
upon as the chief witness for the
defense, will not appear oh the stand,
it was learned to-day. Instead a
deposition by him will be read to
the jury.
When it was announced that Mil
ler would testify at the trial that
Colonel Roosevelt was intoxicated at
a dinner given for former Speaker
Cannon, a telegram came to Mar
quette requesting that Miller be ar
rested and detained until an officer
could arrive from New York, where
a charge of grand larceny had been
made against him.
It was then announced that Mil
ler's deposition would be read in
court, and that Miller would remain
at his home In Minot. N. Dak.
W. W. KIMBALL GO.
ATLANTA BRANCH
94 N. Pryor St.
H. R. CALEF, Manager
CURRENCYFRILLS
President Reported to Have Told
House Leaders to Use Com
mon Sense.
WASHINGTON. May 28—President
Wilson has confided to House lead
ers. according to information ob
tained to-day. that he wants curren
cy reform legislation next month con
ducted along common sense lines. He
believes too much expert opinion will
tend to becloud fundamental ques
tions. #
Prominent New York City bankers
are said to have approved the essen
tials of a draft of the bill, although
not being willing to accept all the
details.
The President, it is stated, will be
satisfied if they agree on the main
features.
Only two members of the Cabinet,
Bryan and McAdoo, have been con
sulted, according to reliable informa
tion. The former is said to have
contributed several valuable Ideas
to the bill on the issuance of notes by
reserve association^.
Trustees to Learn
Of Mercer Friction
MACON. GA May 28. — The trustees
of Mercer University on Monday after
noon will receive a special committee’s
report of an investigation of alleged
friction among President S. Y Jame
son. the. faculty, the student body and
the prudential committee. This com
mittee had an exhaustive hearing sever
al months ago, but its report was formu
lated and reserved until the trustees
met.
President Jameson has declined the
presidency of Ouachita College, at Arka-
delphia. Ark.
COTTON MARKET OPINION.
Logan & Bryan: Market will prob
ably be dominated during next few days
by the issuance of private crop con
dition report Trade is anticipating a
condition atound '2 to 84
Miller & Go.: We do not look for any
decided move until the Government re
port.
White City Park Now Open
We have Beautiful Bedding
Plants 3c each. Atlanta Floral
Co., 555 E. Fair Street.
Jum ©/ §k(
A remarkable article about
the wonderful sculpture
found in one of the Christian
tombs in Asia.