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2 TTTE ATLANTA GEORGIAN AND NEWS. JUDGE PRESIDING IN TRIAL OF LEO FRANK Venire Whipped Into Shape Rapidly; Negro Is Eligible STREET CUR HITS DECIDE FATE ARE PICKED Judge L. S. Roan, of Stone Mountain Circuit. Continued From Page 1. Mary Phagan by strangulation This was followed by the request of the defense that the State’s witnesses be called, sworn and put under the rule. The prosecution opened by an nouncing its readiness to go on with the trial and called the list of wit nesses Bailiffs brought them down from the second floor. In regular or der called, their names were: Mrs. J. W. Coleman, mother of Mary I’ha- gan; J. W. Coleman, the girl’s step- I father; George Epps, newsboy; L. S. Dobbs, policeman; W. W. Rogers, bailiff for constable; L. S. Starnes, detective and also prosecutor on the indictment; Pat Campbell, detective; Grace Hjcks, girl who identified Mary Phagan’s body; J. M. Gantt, once held for Inquiry, now supposed to be a star witness for the prosecution; Harry Scott, the Pinkerton detective; R. P. Barrett, pencil factory em ployee; B. P. Haslett, policeman; M. V. Darley, factory employee; W. A. Gheesling, undertaker that cared for the girl’s body; Dr. Claude Smith, City Bacteriologist; Dr. H. F. Har ris, member of the State Hoard of Health; Dr. J. W. Hurt, Coroner’s physician; E. L. Parry, court stenog rapher; E. S. Smith, Monteen Stover, girl employee at pencil factory; Mi- nola McKnight, cook at Frank's home; Albert McKnight, Mlnola’s husband (McKnight did not appear in court); Helen Ferguson, Mrs. Arthur White, wife of factory employee, and L. Stanford. Agree on Conley Affidavits. Attorney Reuben Arnold asked concerning the duces tecum that he had served on the State’s attorneys for the affidavits of .Tim Conley and others. On the promise of Solicitor Dorsey that he would produce the af fidavits whenever needed the duces tecum was waived. Solicitor Dorsey said he did not concede the right of the defense to force a production of the affidavit. He. however, at the request of Mr. Arnold, dictated a statement giving the dates of each of the affidavits signed by Conley, saying they were all of the affidavits Conley had made and that he would produce them whenever necessary. Thb Solicitor asked then that the defense’s witnesses he called and sworn. This was met by strenuous objection on the part of Attorneys Rosser and Arnold, who claimed their list was fragmentary. Solicitor Dorsey protested vehe mently, declaring that it would be ex tremely unfair to the State not to swear the defense’s witnesses at this time. Attorney Rosser said it would delay the trial to complete their list at this time. Judge Roan ruled that he would give the defense time to get up the list. The defense capitulated and it took but five minutes for the list to be made up. Witnesses for Defense. Attorney Stiles Hopkins, at the ta ble for the defense, called the names of the witnesses by whom they expect to clear Frank. They were Mary Burke. Dora Small. Ella Thomas, C. P. Gilbert, F. Payne. Eula Flowers. Josephine Stelker, Mattie Thompson. Mrs. L. J. Cohen. J. C. Lowe, M. H. Llebman, Miss B* ssie White. Joe Williams. Fred Howell. Wade Camp bell, J. A. Price, J. E. Lyon, Cora Lav ender, M. O. Nix. J. C. Matthews, F. Jenkins, Mrs. Josephine Selig. E. Se- lig, J. H. Haas. W. H. Mincey, J. B. Spier, E. L. Skipper, E. L. Sentell, May Barrett. Rebecca Carson, C. H. Carson, Harry Denham. Corinthia Hall, Mattie Hall. J. L. Holloway, Mrs. George Jefferson, Jerome Mi chael, George W, Parrott, M. W. Mor row, Mrs. M. W. Morrow, Rabl David Marx, A. E. Mayo, Fred Weller, A. E. Marcus, Ed Montag, I. H. Haas, W. B. Owens, T Y. Brent and Ossie Shields. These were aJl of the witnesses whose names were called, but at least 100 more, who will be used mostly as character witnesses, were in the room on the second floor waiting called. First Talesman Too Old. After the venire had been sifted and many excused, W. S. Copeland was the first talesman examined. He was excused W'hen he said that he had DANGEROUS CALOMEL GOING OUT OF USE A Safer, More Reliable Remedy Has Taken Its Place in the Drug Store and in the Home. A few years ago. men. women and children took calomel for a sluggish liver and for constipation. They took risks when they did so. for calomel is a dangerous drug. Your family doctor will be the first to tell this if he discovers you dosing yourself with calomel. But the drug trade has found a safer, more pleasant remedy than calomel in Dodson’s Liver Tone. Dealers tell us that their drug store sells Dodson’s Liver Tone in practically every case of bilious ness and liver trouble where calo mel used to bo taken. Dodson’s Liver Tone is a vege table liver tonic that is absolutely harmless for children and grown people. It sells for 50 cents a bot- tie and is guaranteed to be en- 5 tirely satisfactory' by all druggists who will refund your money with smile if it does not give quick, ntle relief without any of calo- el’s unpleasant after-effects. passed the 60-year mark. Solicitor Dorsey put the questions, using the formal ones ask in murder trials. Being conscientiously opposed to capital punishment or conviction by circumstantial evidence was held not to disqualify a Juror by Judge Roan. This was in connection with O. T. Camp, the second talesman. “1 am conscientiously opposed to capital punishment on certain grounds,” said Camp. ‘‘What are those grounds,” asked Solicitor Dorsey. "Circumstantial evidence,” he re plied. Judge Sustains Defense. "That disqualifies him, then,” said Solicitor Dorsey. Attorney Rosser objected, saying that such belief did not disqualify the Juror. Judge Roan sustained the defense, hut Solicitor Dorsey struck him. A. W. Brewerton was disqualified because he was opposed to capital punishment. W. II Winn was struck, Solicitor Dorsey taking this action after look ing over his record. R. G. Elliott was struck by the de fense. L. A. Smith was struck for cause. C. T. Hopkins, Jr., struck by State. Not One le Obtained. W. E. Cates, disqualified because opposed to capital punishment. T. G. Young, struck by defense. D. D. Hewey, struck because he did not believe in capital punishment. That ended the first panel of tales men and not a single juror was ob tained. The State struck three and the defense two. Seven were dis qualified for cause. Four Jurymen Obtained. Four jurors were obtained from the second panel. They are: A. H. Henslee, No. 74 Oak street, a salesman. F. V. L. Smith, No. 481 Cherokee avenue, a manufacturers agent. J. F. Higdon, 108 Ormewood ave nue. a contractor. F. E. Winburn, No. 21 Lucile ave nue. a claim agent. On the second panel the following men were struck: Howard Oliver, by the defense. H. E. Luckey, for cause. O. L. Spurlin, No. 156 Lawton street, struck by defense. H. A. Shide, for cause. E. E. Hawkins, No. 369 Edge wood avenue, a negro, who was accented by the prosecution, but struck by the defense L*- F. Davis, for cause. David Woodward, for cause. M. J. Sewell, for cause. Imposing Array of Counsel. The buzz of conversation tn the lit tle courtroom instantly was hushed when Judge Roan appeared and Dep uty Sheriff Plennie Miner called the court to order. The impaneling of Jurors was begun at once. Luther Z. Rosser, chief of counsel for Frank, pressed his way to the de fense's table just as Deputy Miner rapped for order. Solicitor Dorsey and his associates were at their table busily arranging papers and docu ments several minutes before the swearing of the veniremen began. An imposing array of legal talent was presented when the case was called. Heading counsel for F'rank were Rosser and Reuben R. Arnold, two of the foremost lawyers of the South. At their table were Herbert J. Haas, a civil attorney, who has been engaged in looking up character witnesses in behalf of Frank; Styles Hopkins, of the Rosser & Brandon law firm; Oscar Simmons and Paul Goss, engaged especially to assist in picking the jury; George Cox. of Ar nold & Arnold law firm, and Luther Z, Rosser, Jr. Wife at Frank’s Side. With Solicitor Dorsey were Frank A Hooper, the brilliant attorney who made his reputation a* a prosecutor in criminal cases, E. A. Stephens, As sistant Solicitor, and detectives who have been working on the case. Jim Conley’s attorney, W. M. Smith, alio was in court. A stir was created when Mrs. Frank, wife of the accused, made* her way into tne courtroom and hurried past the rows of spectators into the anteroom where her husband was confined. She bore herself bravely, and when she reached Frank, wua seen to converse cheerfully with him. The loyal woman, who Insisted *n being by the side of her husband un til he was called Into the courtroom with his attorneys, drew the attention away from the routine proceedings several minutes. Judge Roarv in Good Humor. Judge Roan appeared in unusually radiant humor and enlivened the dull routine of the early proceedings with facetious remarks directed at the ju rors who sought to evade duty on va rious pretexts. To one who claimed deafness. Judge Roan said that he had heard his own name readily enough when it was called. Another Juror, Dr. E. L. Connally, well known capitalist, and gray haired veteran of the war. remarked, smiling rather slyly, that he thought he was over age. Plea Wins Excuse. "How do you know that?” Inquired the judge. “My mother says I am,” was Dr. Connally’s reply. “Do you claim exemption on that account?” asked the court. "I guess 1 do, judge,” admitted the capitalist. "Well, then, I guess I will excuse you.” said the Judge, amid a general laugh from the courtroom. Dr. Connally left his place with a vigor that belied his years. Old Dr. Stork was responsible for the excusing of several of the jurors. By the time the eighth panel of men had taken the oath three men hcu told of new arrivals at their homes and hud been excused. Defense Not to Ask Delay. Luther Z. Rosser, of counsel for the defense, stated to a Georgian reporter as he left his office for the scene of the trial that he defense would.make no move for delay. "We will not seek a change of venue or make any move of any kind to delay Justice for our client,'* he said. “We are entirely confident that jus tice and truth will prevail, as it al ways must.” Reuben R. Arnold, of the defense, made the same kind of a statement “We will announce ready as soon as the case is called." he said. One important witness for the de fense was reported to be missing He is a traveling salesman, and the curfen&e was lo be confident of locating him. Sentell in Navy Now. Edgar L. Sentell, who testified that he saw Arthur Mullinax and Mary Phagan together at midnight of the day of the crime, has enlisted in the ravy and will not be able to appear at the trial. A great crowd gathered In front oi* the courthouse is the hour of the trial drew near, and when 9 o’clock arrived, Pryor street at Hunter was almost impassable. The corridors of the courthouse were a mass of hu manity, through which a lane had <o be cut by deputies to allow’ the pas sage of witnesses and lawyers and newspaper men. The crow’d was tense with curiosi ty, hut to all appearances inclined to be orderly and apparently was moved only by the commonest of human na tives—curiosity. Frank Feeling Fine, He Says. , Frank was escorted from the Tow er to the courthouse shortly after 6 o’clock in the morning, nearly three hours before the trial was scheduled to begin. This was done to avoid the curious crowd which it was expected would be about the courthouse and thronging the corridors at 9 o’clock. Frank was up and dressed and freshly shaven w’hen Deputy Sheriff Plennie Miner appeared before his cell at the early hour. “How are you feeling this morning. Mr. Frank?” the deputy inquired. "Tip top, only I’m mighty hungry,’’ replied Frank. Exhibiting the ■same poised confi dence that has characterized him ihrough three months since he was locked in a cell in the county jail, the young factory superintendent chatted freely with Miner on the way to the court house. Sure He Will Be Freed. He was attired in a natty light gray mohair suit and wore a fancy grav tie. His face was fuller and he ap peared slightly heavier than when he was arrested shortly after the murder of the Phagan girl. He seemed cheer ful and In the best of health. “I am very sure of acquittal,” he said, as he arrived at the courthouse. ”1 am glad that the trial is about to begin after this long wait. I have no fear of the outcome. I am not only innocent of the terrible crime, but I am innocent of any knowledge of it. save as the information has come to Within a minute or two after Dep uty Sheriff Plennie Minor had called the court to order the examination process was applied to the venire panel of 144 men. From each panel of twelve one or more men w’ere ex cused after being asked the formal questions and furnished a sufficient reason to bar them. J. H. Jones, Deputy Clerk, called the names. F. W. Stone, No. 82 East Linden street, was excused on ac count of illness. R. F. Shedden was refused on an excuse of military ex emption. Only one man was excused from the first tw r elve men. H. R. Calloway, of No. 691 Pied mont avenue, first of the second panel, was not served. F. A. Hull, No. 180 Grant street, w’as excused on account of his age. 20 years. T. J. Henderson, No. 25 Wdodson street, was excused as opposed to capital punishment. J. A. McCreary, No. 78 East North street, was excused be cause of his residence in DeKalb County. J. F. Patterson, of College Park, was excused on account of deafness. Five were excused from the second panel. Negro Declared Eligible. W. H. Scott, No. 215 Gordon street, was excused on account of ill health. He had a doctor’s certificate. W. H. Abbott, Record Clerk of the court, was refused excusal. Only one man was excused from the third panel. The first surprise came with the questioning of the fourth panel, when Earl Davis, a negro, was not excused. He was ruled eligible to Jury duty. There is little prospect that he will be drawn as one of the jurors. George Mathieson, Assistant Chief of County Police, was excused on account of his duties. John W. Alex ander, capitalist, of No. 439 South Pryor street, was excused because of illness. W. M. Donehoo, of Buck- head. was let out on account of the 1 death of his mother. E. A. Massa, of No. 305 East Fair street, was over age. J. H. Gilbert, of South Bend, was let out because of illness. The Jury panels were thus being revised and made into a compact venire by this process of elimination. Joel Hurt Out of Town. The following men were excused in the selection of the fifth panel: George R. Wall, No. 139 Hill street, on account of illness; F. M. York, No. 221 Cooper street, on account of the illness of his wife; W. I. Brooks, No. 224 East Fair street, on account of having rerfioved from Fulton Coun ty. The following were excused in the selection of the sixth panel: H. Maness, No. 112 Jefferson street, ac count of deafness; Joel Hurt was out of town. R. R. Gresham, Father of Ten, Dies Three Hours After Crash. Thrown Forty Feet. me since the officers came to my house that morning three months ago.” At this moment E. C. Essenbach, a relative of Frank, appeared with a tempting breakfast which was spread in the prisoners’ room at the court house. Frank gave ocular proof that his appetite had not suffered from his long confinement as he proceeded to make way with the delicacies pre pared for him. Frank greeted his relative cheerful ly and conversed with him for more than an hour. The topic seldom was on the crime or the trial which was about to begin. Long before the time set for the Judge to take the bench other friends and relatives of the prisoner had appeared and some of them were permitted to talk to him. Conley Ready For the Stand. Jim Conley, Frank’s accuser, was made ready for the trial early in the morning, although it was not prob able that he would be called during the day. He was given a shave and a new suit of clothes, as he had worn for the last three months the same shab by garments that he had on at the time he was arrested while washing a shirt at the National Pencil Fac tory. Conley said that he was ready to go on the witness stand at an in stant’s notice. He declared that he would stick to the same story thai he told in his last affidavit and which he has since repeated many times for the benefit of Solicitor Dorsey. "If they had just let me face Mr. Frank, I could have made him tell the truth long before this,” he as serted. Less than half a hundred persons were waiting about the courthouse at 8 o’clock, an hour before the time set for the beginning of the trial. It was thought that not a large crowd would be clamoring for admission to the courtroom as it had become quite generally known that the smaTl room would accommodate hardly more than the witnesses and the veniremen and that it would be necessary to exclude practicallv all spectators. Much Preparation Made. For no trial in the history of Geor gia have such elaborate arrangements been made for the comfort of the comparatively small number of spec tators who will gain admission, the attorneys who will handle the case, the Jury and the newspaper men. Deputy Sheriff Plennie Miner has re ceived much praise for the splendid preparations made. Electric fans have been installed at every window and on the railing sep arating the spectators’ seats from the bar, ozonators have been placed to keep the air purified. It probably will be the coolest and best ventilated place in Atlanta. Not more than 250 spectators will be admitted. Approximately that number of chairs have been placed outside the Inclosure. When they are filled the doors will be closed and no one else will be allowed in. No one will be permitted to occupy standing room. The usual custom of permitting disinterested attorneys to occupy seats inside the bar will not be fol lowed. and this particular part of the courtroom will be less crowded than during the average criminal trial. Hov^ They Will Line Up. Prosecuting Attorney Dorsey and at least five assistants will occupy a table directly in front of the bench and witness stand with the Jury box close on the righthand side. Attor ney Rosser with his assistants and the accused will be seated at a table to the left of the State's and farther away from the jury. The table*, for newspaper men is back of the State's tnble. The arrangements were agreed upon by the attorneys and the judge. The table for the defense was se lected by Attorney Rosser with a view to the number of persons who would wish to be near Frank during the trial. Seats have been arranged to the back of the table to accommo date at least 30 persons, friends and relatives of the accused, who have visited him constantly since he was confined at the Tower. Deputy Sheriff Plennie Miner, who will have charge of the crowd and keeping order in court, will also have charge of the prisoners. Long before any crowd congregated around the courthouse Frank and Lee were brought from the Tower and placed in the room reserved for them When court opened Frank took hi3 place at the table reserved for his at torneys. No Room For Spectators Now. For the first day of the trial, or until the jury is selected and the hearing actually under way. it is ex tremely doubtful if any spectator will gain admission to the court. Seating arrangements have only been pro vided for about 250. The venire of 144 men will have to occupy that number of the seats when court is opened. The witnesses for the two sides will occupy the remaining seats and standing room until they are dis posed of in some way, which may not be until after the jury is drawn. The court rule to segregate the witnesses will, of course, be enforced, but it may not be until twelve men have qualified as jurors, which will hardly be before the middle of the week. When the witnesses are segregated they will be kept in the large court room on the floor above the trial room. A bailiff w’lll be placed in the hall and one on the door of the wit ness chamber, and as the names are called they will be brought from the floor above to the court. It is probable some rule will be made to keep the witnesses for the State and the defense separated, in which event the third floor of the building would have to be used. Jury Room Carefully Selected. But if any great difficulty is antic ipated in drawing a jury, and the Judge thinks it impossible to finish this task during any one day, he will probably excuse the witnesses until the next day, and continue to do so until the Jury is impaneled. The Jury room was selected with a great deal of care. It is almost in accessible from the outside and large and airy. Its windows are about twenty feet above an alleyway that runs on either side. Deputies will be kept in the alley to keep anyone from getting this close to the room. As each Juror qualifies he will be escorted to the room and kept there until the full panel is drawn. Recess will be taken at 1 o’clock In the after noon and the Jury will be taken to luncheon at a remaurant almost di rectly across the street from the court. At night It will be quartered at the Kimball House under a heavy .guard of deputies. From the time a juror is acceptable to both sides until the conclusion of the case he will not be allowed to go to his home or communicate with anyone except a fellow juror. The least of the deputies' troubles will not be in handling the crowd that will gain admission to the court, but in handling the crowd that will daily congregate on the outside and wait through the day for news of the pro ceedings in the trial. Ten deputies and as many members of the county police will be on duty on the streets around the building. Brewster Denies Aiding Dorsey in Phagan Case. Colonel P. H. Brewster has written The Georgian a letter correcting a statement in The Sunday American. The letter quotes the report that Colo nel Brewster had aided Mr. Dorsey, and proceeds: "Where such Information could have been obtained I can not under stand, since It Is absolutely false. "I have had nothing whatever to do with the Frank case My advice has not been even sought as to any ques tion inolved in the case, nor have I volunteered .it, and I hav.e prepared no briefs on any phase of the case. Mr Dorsey, the Solicitor General, is fully competent to meet every demand his office imposes on him, and I do not wish the Impression to be made that he leans on me or others, nor that 1 am interested in any way in the prosecution of Mr. Frank. "The statement made in your Sun day' issue Is unjust to me, to the pros ecution and the defense, and there fore I trust you will at once correct this statement." R. R. Gresham, a dairyman residing in Wyman street, Kirkwood, was struck by an outbound Kirkwood car at Whitefoord avenue early Monday morning and received injuries from which he died throe hours later with out regaining consciousness. Gresham’s skull was fractured, his throat gashed and his ankle broken. The accident occurred when the dairyman, driving his wagon into At lanta. attempted to cross the car tracks in front of an approaching car. The wagon was smashed into splint ers by the speeding car and its driver thrown 40 feet into a ditch. The horse was knocked over on its side amid the debris of the vehicle. Gresham was picked up unconscious and hurried in an ambulance to the Atlanta Hospital. Physicians who at tended him held out little hope for his recovery. He died three hours later. Mr. Gresham was 52 years old. mar ried and the father of ten children. But one member of the family, Her man Gresham, a son, reached the in jured man before he died. Tax Interview With Anderson Misleading J. Randolph Anderson, president of the Senate, in a communication to The Georgian, states that an interview in The Sunday American was mis leading and object to misconstruc tion, in so far as it related to his po sition on the proposed temporary constitutional Increase of the tax rate and borrowing money to pay the school-teachers. The interview seemed to put Mr. Anderson In the attitude of opposing these measures, when, as a matter of fact, he favors them. He intended to say, and did say, that both of the **roposed measures, while all right, were, after all, merely temporary reliefs—that they pro posed, in a way, simply to rob Peter to pay Paul. As the best and short est way out of the woods, however, he agrees with the Governor that they are necessary. TRIES TO SHOOT HIS WIFE; HILLS Reward Offered for Clem Poole, Slayer of Dalton Policeman. Posse Loses Trail. DALTON, July 28.—At an early hour this morning the posse organized to hunt down Clem Poole, who near midnight shot and killed Policeman Harry Cook while the officer was at tempting to arrest him, disbanded, the search being fruitless. Poole last night shot twice at his wife as he followed her to the home of her parents on First avenue. There Policeman Cook met him. As the officer advanced, Poole fired, the bul let piercing the policeman’s heart and bringing instant death. Henry Mitch ell, accompanying the officer, grabbed the weapon from ”Poole, but he es caped. Bloodhounds trailed the fugi tive for a time and then lost the scent. The murder has greatly aroused Dalton, for Policeman Cook was a popular member of the force. He is survived by his wife. A reward of $100 has been offered by the city for Poole’s capture. SEASHORE EXCURSION AUGUST 7. Jacksonville, Brunswick, St. Simon, Cumberland, At lantic Beach, $6.00—Limit ed 6 days. Tampa, Fla,, $8 —Limited 8 days. TWO SPECIAL TRAINS. 10 p. m. solid Pullman train. 10:15 p. m. Coach train. Make Reservations Now. SOUTHERN RAILWAY. SEMI-ANNUAL STATEMENT For the six months ending June 30, 1913, of the condition of the National Life Insurance Company of the U. S. of A. OF CHICAGO. ILL., Organized under the laws of the State of Illinois', made to the Governor of the State of Georgia in pursuance to the laws of said State. I. CAPITAL STOCK. Amount of capital stock - $500,000.00 II. ASSETS. Gross assets ...$11,466,443 29 Deduct assets not admitted 141,624.66 Admitted assets 11,324.818.63 III. LIABILITIES. Total liabilities ... $11,324,818.63 IV. INCOME DURING THE FIRST SIX MONTHS OF THE YEAR 19,13. Total Income $1,848,264.42 V. DISBURSEMENTS DURING THE FIRST SIX MONTHS OF THE YEAR 1913. Total disbursements t $2,140,442.96 Greatest amount Insured In any one risk .. .. $20,000.00 Total amount of insurance outstanding 79,666,103.97 A copy of the Act of Incorporation, duly certified. Is of file in the office of the Insurance Commissioner. STATF. OF ILLINOIS—County of Cook. Personally appeared before the undersigned. A. M. Johnson, who, be ing duly sworn, deposes and says that he is the President of the National Life Insurance Company of the United States of America, and that the foregoing statement is correct and true. A. M. JOHNSON, Pres. Sworn to and subscribed before me, this 22d day of July. 1913. E. H. SPURRIER. Notary Public. Funeral Designs and Flowei* FOR ALL OCCASIONS. Atlanta Floral Company, 465 EAST FAIR STREET. CLEAN IP And Sell the Lnnsed Things That You Have About the House Old Clothing, unused pieces of Furniture and numberless other articles that can be found in near ly every household can easily be converted into cash if advertised in the "For Sale” columns of The Georgian’s classified section. Cost only 30c to run an ad like this: FOR 8ALTS—Upright piano; good as new; will sell less than half prloe. Address B., Box 98, care Georgian. Phone Main 8000 or Atlanta8000 and give in your ad and you will have no trouble in selling anything you have.