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Uv.-i-. FRANK ASSISTS HIS ATTORNEYS ELIMINATING VENIREMEN Wife Sits With Dagger-Like Gaze on the Prosecutor of Her Husband OPPOSING LAWYERS IN FRANK CASE LUTHER Z. ROSSER. SOLICITOR HUGH DORSEY. DECIDE FATE ARE PICKED Continued From Page 1. Q. What time did you l^ave her?— A Seven minute# past twelve. Q. Did you ever see these clothes clothes)?—A. She had them on when t left her. Q. Where did ahe say she was go- tng?—A. Right to ths factory to draw her pay. Q. Did you expect to meet her again?—A. She said ahe would meet me at 2 o’clock to see the parade. I left her at Forsyth and Marietta streets at 7 minutes pa^t 12. She was going to the factory then. Rosser Takes Up Quizzing. Q. What did she say about Frank? Objection wa* made by Attorney Rosser. The objection was sustained. The State then turned the witness over to the defense. Rosser took up the questioning. Q. How do you know the time?—A. 1 saw a clock at Oliver stret. right after I got on the car. It waa about 10 minutes to 12. Q. When did your mind first get on the clock?—A. They kept asking me about it. and I finally recalled it when I testified at the Coroner’s in quest Got Off Car Where He Did. Q Where were you at about 12 o’clock?—A. I don’t know exactly where the car was. Q How do you tell the time when you can’t see a clock? A. I tell by the sun. Q. Can you come pretty close?—A. Yes Q Are you sure Mary Phagan got off the car with you?—A. I am cer tain. She got off when I did Q. What were you doing between 2 and 4 o’clock?—A. I waited for Mary Phagan to meet me at the El kin Drug Company. Waited for Her Until 4 p. m. Q. You said she was going to meet you at 2 o’clock?—A Yes. but I hadn't finished selling my papers and kept waiting for her. Q. You waited at that corner all this time?—A. I never left there un til 4 o’clock. Q. What did you do then?—A I went to the ball game and finished selling my papers there. Q When did you see Mary Phagan again?—A. The next morning at the pencil factory. Epps was then excused and Newt Dee called to the stand. Lee Begins His Story. Lee is the negro night watchman at the pencil factory who discovered the body of Mary Phagan in the basement of the building. After be ing sworn. Solicitor Dorsey ques tioned him: Q. What is your name?—A. Newt Lee Q. What was your business?—A. Night watchman at the National Pen cil Factory. Q. How long were you there?—A. Three weeks. Q. Where were you night watch man before?—A. At the other place. Q. Do you know Mr. Frank?—A. Yes. Calls Frank “Head Foreman.” Q. What was his position?—He was head foreman. Q. You mean superintendent?—A. Yes. something like that. Q. What instructlo is did Mr. Frank give you?—A. He told me Friday to come back at 4 fc’clock on Saturday. He said he wanted to get away. Q. What time did you get there?— A.A few minutes before 4 o’clock. Q. What time were you accustomed to coming on Saturday? —A. Five o’clock. Saturday at 12 o’clock he al ways gave me a key and 1 returned the key on Monday morning. Door Was Locked. Q. How did you find the door on the Saturday afternoon of April 26?—A. It was locked on that Saturday. Q. How did you know it?—A. I took my key and unlocked it. Q. What did you do after that?—A. I went up to the second floor with a sack of bananas. Q. What else did you do?—A. I sat mv bananas down and fcaid: “All right, Mr. Frank." Q. What did he do?—A. He busted out of the office. Q. Did he ever come out that way before?—A No, when I went in he always hollered to me from his office. Q. What was he doing when you DANGEROUS CALOMEL GOING GUT 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 dia so, for calomel is a dangerous drug. Y T our 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 caJomel 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 be 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 tle and is guaranteed to be en tirely satisfactory by all druggists who will refund your money with a smile if it does not give quick, gentle relief without any of calo mel’s unpleasant after-effects. went in?—A. He was rubbing his hands and kept on rubbing them. He told me 1 could go out for an hour and a half, or not later than by usuai time for getting there. He told me he was sorry he had told me to come down early and I told him I was sorry, too, because-I could have slept some more. He told me to go on out to town and have a good time. Frank S«id Not*to Punch Clock. Q. What was the appearance of his face?—A. I didn't pay much attention to his face. I offered him some ba nanas and went on out. Q. How long did you stay?—A. I came back a few minutes before o’clock. Q. What did Mr. Frank say then?— a. H s&id. "i>on't i-urp h it yet* , ' 1 "' of the workmen are still In " He said he wanted to change the slip. Q. Did you ever see him fix the slip before?—A. Yes. Q. When he changed the slip this REUBEN R. ARNOLD. time did he do it slower or quicker than before?—A. He sort of fum bled It. Q. Do you know how to fix a time slip?—A. No. I never fixed one in my life. Tell* of Seeing Gantt. Q. Did you see Mr. Gantt that day? —A. Yes, I saw him down at the door a little after 6 o’clock. He said he wanted to get some old clothes. Q. Did you see Mr. Frank?—A. Yes. Mr. Gantt went in. Mr. Frank came busting out and run into Mr. Gantt. He looked like he was surprised and Jumped back. Q. What did they say to each other? —A. Mr. Gantt said he wanted to get his shoes. Mr. Frank said he thought the boy had thrown them into the trash basket. Mr. Gantt asked what color they were. Mr. Frank said thev were tan. Mr. Gantt said his were black. Q. What did Mr. F'rank do then?— A He dropped his head and said for me to go up with Mr. Gantt to get the shoes. Q. What did you find?—A. We found black shoes and tan shoes. Frank Called Him. Q. Did Mr. Frank call you over the ’phone that night?—A. Yes, he called me about 7 o'clock. Q. What did he say?—A. He said: "How is everything?" I said every thing was all right. He said "Good bye.’’ Q. Did you hear from him any more?—A. Not until Sunday morning. Solicitor Dorsey then exhibited a diagram of the scene of the crime, drawn by Bert Green, the Georgian staff artist. By this diagram Lee ex plained the lighting system of the building. Veniremen Keenly Watched. Q. What did F'rank tell you about the lights?—A. F'rank told me to keep the lights on the street floor burning bright so that officers could see in. I always lighted up on Saturday at 5 o’clock. Q. What did he tell you about the basement lights?—A. He told me to keep .It burning bright all the time. Left Lights Burning Brightly. Q. How did you leave it Saturday morning when you left the factory?— A. It was burning bright. Q. How was it when you saw it again Saturday evening?—A. Have you ever seen a lightning bug when you knock him down in the grass? Well, it was just about like that. Q. ^hat did you do?—A. 1 went down and turned it up. Q. What time did you make your rounds?—A. Regular on the hour and half hour. Q. Did you make them regularly Saturday evening and night?—A. I never missed missed a one. I had a peg I put in the hole and I am sure I never missed a punch. Knows Nothing of Elevator. Q. What about the elevator?—A. I didn’t know nothing about that Q. What about the street door and the office door?—A. They were closed. Q. What kind of doors were they? —The kind you pull down. Q. Was it your duty to close those doors tf they were open?—A. Yts. Solicitor Dorsey here asked Lee to tell the Jury in his own words of go ing into the basement at 3 o'clock and telling what he found there. Q. Just how did you get up to the body?—A. I couldn’t tell you Just how 1 did get up to that body, but I did get up there. Q. What did you do there?—A. I called up the police after 1 tried to set Mr. F'rank. who I was trying to get when the police came. Tried to Call Frank. Q When was the last time you punched the clock?—A. At 3 o’clock, just before I found the body. Q. When did you see F'rank again? —A. Not until after the police had arrested him the next day. Q How long did you try to get Frank?—A. About eight minutes. Q. How many times?—A. One time. Q. Did it take long to get the po lice?— No. they answered as soon as I called. Q. What time did you see him the next day?—A. I don’t know just what time. Q Where were you?—A. At the fac tory. Frank Said Nothing. Q What did Mr. F'rank say?—A. He didn’t say nothing, just hung his head. Q. Was there an examination of the clock?—A, Yes. sir. Q Who examined ’ it?—A. Mr. F'rank did. Mr. Darlev was stand ing there. Q. What did he say?—A. He said it was all right. Q. What did that mean?—A. That meant that I had made all the FRANK A. HOOPER. punches every half hour from € o’clock. O' Old you see a pencil in that. clock?—A. Yes, I put it there the sec- v ,iv. Sunday night I come to work there so that I could punch right. Q. Was the time slip all right?— A. I don’t know. Q. You have never been at liberty since, have you?—A. No. sir; they grabbed me and said I did it as soon as I showed them the body. Q. When did you see F'rank again after that?—A. We went to the sta tion in the same automobile. r>sd voii hnvp a < onversation with him the next Thursday night?— A. I don’t know what night it was, but they took me out of mv cell and said they were going to let me and Mr. Frank have it out. They hartu- cuffed me to a chair before he came. When he came, I told him it was mighty hard to be handcuffed to a chair about something I didn’t know anything about. He said: “What’s the difference.” "Well,” I s aid, “Mr. Frank, I don’t know nothing about it, except finding the body.” “Yes,” he said, “if you keep that up, we both will go to hell.” Q. What did you say then?—A. The police came in then. Q. Were you willing to come back to the factory that Saturday at 4 o’clock?—A. I told Mr. Frank Satur day was my shortest day, but I agreed to come back early. Q. What was Mr. FVank’s manner when you came in that Saturday aft ernoon?—A. Well, I never noticed his face, but he was rubbing his hands like he was worried. Rosser Takes Witness. At this point the State rested their examination of Lee and he was turn ed over to the defense for cross-ex amination. Mr. Rosser lead with the questioning for counsel for Frank. Q. Did you testify at the Coroner’s inquest?—A. I testified before some thing. Q. How many times have you told this to Mr. Dorsey?—A. One time. Has “Good Recollection.” Q. How many times did Mr. Black go over this statement with you?—A. I don't know; there have been s«o many I don’t know them all. Q. You have told *Itis story many times, haven’t you?—A. Yes, sir. Q. Have you always told it the same way?—A. Yes, sir; I got a good recol lection Mr. Rosser was here insistent to know' if Lee told about Frank ap pearing frightened when he met Gantt. He asked the negro if he didn’t say F'rank had said he gave the pair of shoe?' to a boy. . Lee main tained that there were no contradic tions In his statement. “No, sir,” he said, “you got that wrong.” Q. How many Saturdays were you at the pencil factory?—A. Four. Q. What time did you usually get there on Saturday?—A. At 12 o’clock, to get paid. Q. Did you stay there after that?— E. A. STEPHENS. A. No, I got my keys and went away until 5. Tells How He Called Frank. Q. Your sleep was broken at 12 o’clock every Saturday except this one, was it not?—A. Yes. Q. The first Saturday you iyere there what was Mr. Frank doing?— A. I don’t know. I would have hol lered to him. but he saw me and checked me in. Q. How many times did you holler at him?—A. Three, Saturdays. Q. What did you holler?—A. All right, Mr. Frank. Q. What would he say?—A. He would just come out of the office. Q. How far away?—A. About fifteen or sixteen feet. Q. No closer than that?—A. It might have been a little closer. Q. Isn’t it true you told the Coroner that he had his head bound and was hubbtng his hands?—A. I did. Compares Former Testimony. Q. Let’s see if that ip what you said. (Rosser examines testimony be fore Coroner.)—A. I can’t tell what you got there. Q. You said F'rank told you to go out and have some fun.—A. That’s wrong, he said have a good time. Q. You never said anything before the Coroner about there being a place to sleep?—A. I told him there was, but they never asked me where it was. Q. If the front door was locked, could you get into the basement from the firpt floor?—A. Yes. Q. If the office door was locked, could you get Into the basement with out using the elevator?—A. No, sir. Q. When you came back the last time, if Mr. F'rank was in his office, could any one have gone anywhere in the factory without Mr. F'rank see ing him or knowing him?—A. Yes, if he didn’t hear him. New Line of Questioning. Q. If Mr. F'rank was. in his private office, and the front* door locked, could anyone go over that whole fac tory without him knowing it?—A. I don’t know, sir. Q. Well, you did do it the Saturday before, didn’t you?—A. Yes. sir, I did. q. All the shutters in the factory except a few on the first floor near the front were closed, were they not? —A. Yes, sir. Q. There was a light burning on the second floor near the clock, was there not?—A. He told me to go there every 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. PAY ME FOR CURES ONLY If you h«*e kMR ttfctag treatment for week* *«d month* and Ina out your hard earned money without being cured, don’t you think ft It high time to accept OR. HUGHES* GRAND OFFER? You will certainly not be out any more money If not cured. Co* Jl* tatlon and Examination are Free for the next thirty daye. If I decide thet your condition will not yield readily to my treat ment. I will bo honeet with you and tell you eo. and not accept your money under a promise of a cure. My treatment will goelttvaly as re nr I will make yau na for the fallowing diseases: KIDNEY, BLADDER AND URINARY TROUBLE, STRICTURE. VARICOCELE, HYDROCELE, NERVOUS DEBILITY, RUPTURE, ULCERS AND SKIN DISEASES CONTAGIOUS BLOOD POISON ti. .... fill lent, C.t.rrh.l Pin. .nd Flltul. ... .11 HerroM. Chnmle Kid Private Diseases at Men .nd Women. Newly contracted and chronic Cases of Burning. Itching and Inflammation stopped In 24 hours. I am against high and extortlorate fees charged by some physiclane and apeHallsta. My fees are reasonable an<l no more han you are willing to pay for a cure. All medlclnee, the eureat end best of drugs, are aupplld from my own private laboratory. OUT-OF-TOWN MKN VISITING THE CITY, oonault me at once upou arrival, and maybe you can be cured before returning home. Many case* <*an be cured In one or two visits. > CALL OR WRITB—No detention from business. Treatment aud adTlce confidential. Hours 9 a ui te 7 p. m Sunday. 9 to 1. If you can’t call, write and give me full description of your i in your own words A complete consu.tatlon costa you nothing and If I can help you I will. I n Ulirurc Opposite Third National Bank Ul\rn J. Urn nUUnLSp 18 1.2 North Broad Stroat. Atlanta. Ga. little w hile to look after the fires. Q. Mr. Frank thought you went there every half hour? When Lee did not answer. Solicitor Dorsey interrupted, saying that he did not want the negro committed by si lence. Lawyers in Clash. “We w’ant silence some times. ’ said Mr. Rosser; "sometimes its more powerful. I am asking these ques tions and silence is one of my priv ileges. For the prosecution to in terrupt «s deliberately obstructing the testimony without intending to.” "I will make him answer,” said So licitor Dorsey, ‘.‘when I get him.” "Yes,” said Mr. Rosser, “I know you will. Probably you can get him to answer better than I can.” "I want the truth,” rejoined Solic itor Dorsey. "Yes, we all do in our partisan way.’ replied Rosser. Q. You watched Gantt get away and you knew Mr. F'rank was uneasy about him being there?—A. Yes, sir. Q. They had had a difficulty, hadn’t they?—A. Mr. Frank told me he had discharged Mr. Gantt and he didn’t want him around. Q. That is why you thought Mr. Frank wa sfrightened when you met him?—A. Yes, sir. Q. Gantt is a big fellow, isn’t he?— A. Yes, about 7 feet. Q. You went over the building every half hour and into the basement a few feet from the ladder?—A. Yes, sir, except in the basement. I went there every hour. Q. If you wanted to find whether the door at the rear was closed, you would have passed the body?—A. It was shut when I found the body. Q. Did the police find it open?— A. They said they did. Solicitor Dorsey objected to the form of Mr. Rosser’s questions and was sustained. Q. The police got there in about eight minutes?—A. 1 don’t know. I said all the time I didn't know how long it took them. Light in Alley, He Say®. Q. You didn’t get any closer to the basement door than the body was?— A. No, sir. Q. Could you have seen out of the back door?—A. Yes, if it was open. Q. Are you positive about the door being closed?—A. Yes. There was a light in the alley and I could have seen if the door had been open. Q. Are you positive about the door being closed?—A. Yes; there was a light in the alley and I could have seen it if the door had been open. Q. Did you go as far as the body before you found it that night?— A. Not until 3 o’clock, when I found the body. Q. Why didn’t you see the hat and shoes as you went along?—A. I don’t know. I just didn’t see them. Court was then adjourned at 5:12 with Newt Lee still on the witness stand. He will be placed on the stand again when court opens at 9 o’clock Tuesday morning. Leo M. F'rank was back In the county jail twenty minutes after the conclusion of the first day’s hearing in his trial. The calmness which had characterized his appearance all day was still with him and he smiled as he said good-bye to the friends who accompanied him to the Tower in company with Sheriff Mangum. Newt Lee was returned to the county jail a few minutes before Frank. The negro has ben a model prisoner and while kept under the eyes of a special guard all day con sideration was shown him in many little things. All the force of attorneys at the table for the defense watched with keen eyes every man examined for the jury, and frequently re ferred to a voluminous record containing the names of all the veniremen and detailed statements of their history and associations so far as these might have a bearing on their desirability as jurors to 'pass on Leo Frank’s guilt or innocence. The keenest interest was manifest ed by those in the crowded little courtroom as the strategies of the brilliant lawyers were revealed dur ing the examination. State Had Veniremen’s Records. The thoroughness with which the Solicitor and his assistants had can vassed the history of every venire man and had investigated whether or not he had ever expressed an opin ion on the guilt or innocence of the accused was demonstrated when W. W. Hemmett, a salesman for the Kingsbury Shoe Company, was being examined as to his qualifications. "Have you ever said you thought Frank was guilty?” Mr. Dorsey in quired. “No, I never have," replied Hem mett. Here the Solicitor referred to some notes at hand and proceeded to call to Hemmett's recollection a certain talk he had with acquaintances at a certain time. Hemmett was forced to admit that he had talked of the case at that time, but declared that he had not expressed a definite opin* ioh. “I only said I would have to hear some evidence before I would believe F'rank was guilty,” he told Judge Roan. He was rejected for cause. Defense Equally Alert, The defense showed that It was ex actly as vigilant when the next ve nireman was examined. As soon as A. L. Bellingrath. of No. 91 Milledge avenue, arose from his seat, Attor ney Arnold was or his feet prepared to state the objection of the defense. He pointed out that Bellingrath was the brother of Henry Bellingrath who has been employed in the Solicitor s office during the Phagan investiga tion and that he was reported to have expressed an opinion on the guilt of Frank. A shrewd bit of strategy was used by Solicitor Dorsey and Attorney Hooper in accepting the two negroes whose names were among the venire men. By doing this they forced the de fense to use up two of their twenty challenges if they did not desire to have negroes on the jury. With Jim Conley, a negro, likely to be indicted for the murder in the event that F'rank is cleared, the defense had no Intention of allowing them to pass on F'rank’s guilt and promptly struck them. The two negroes were Earl Davis and E. E. Hawkins. May Summon Reporters. When court opened for the after-, noon session. Attorney Arnold an nounced: “We may want to use some of the ■ members of the press as witnesses, f don’t want to put them under the court rule which would exclude them from the courtroom.” Solicitor Dorsey hereupon arose and said: “All right, but I want to reserve the right to do so at a later date if necessary.” y Defense Loses First Clash. The attorneys for Leo M. Frank lost out in *heir first skirmish with the prosecution, being compelled to read their list of witnesses against their wishes and their vigorous protests. Thej' evened up matters by obtain ing from Solicitor Dorsey the conces sion of honoring the subpenas lecus tecum issued by the defense and de manding the production in court of all the affidavits of Jim Conley. After a short passage between Attorney Ar nold for F'rank and Solicitor Dorsey that the list must be read, the judge ruled, and the list was read by At torney Stiles Hopkins. The list included employees of the National Pencil Factory, where the murdered girl worked; members ..f Frank's immediate family, and orher relatives and associates of the accused man. members of the same fraternal orders, acquaintances who saw F'rank on the day of the crime and class mates in college. Jurymen Chosen. The reading of the last names came as a complete surprise. It de veloped that the defense had scourec^ the country for persons who had known F'rank when he was a student at Cornell. They were subpenaed to bring the character testimony in his behalf up to the time he began his business career. The picking of the jury proved less difficult than anticipated, twelve men being obtained before 1:30. List of Jurors. , Here are the jurors chosen: A. H. Hens'lee. No. 74 Oak street, a traveling salesman for the Franklin Buggy Company; F. V. L. Smith. No. 481 Cherokee avenue, manufacturers agent, with offices in the Empire Building;^ J. F'. Higdon, a con tractor, No. 108 Ormewood avenue. F. E Winburn, No. 213 Lucile avenue, claim agent Atlanta and West Point Railroad; A. L. Wisby. No. ’1 Hood street, cashier of the Buckeye Oil Company; W. M. Jeffries, a real estate man. with offices at 318 Empi e Building: Marcellus Johemming, No. 761 James street, a machine shoi foreman, with offices at No. 2S1 Mari etta street; M. L. Woodward. casl»i> t King Hardware Company, No. i 1 Park avenue; J. T. Oi’burn, an op : - clan for Hawkes’, was chosen from the fifth panel to he the ninth juror; Continued on F'age 5, Column 1. 118 Whitehall Funeral Designs and Flower* FOR ALL OCCASIONS. Atlanta Floral Company, 455 EAST PAIR STREET. gtf 1-i Armour’s m B c Grape Juice, ■ ID Pints 14c ISO Quarts .... 27i/ 2 c Z i/2 Gallon .. 49c 25lbs Gran Mated Sugar $1.25 201bs Gran’lated Sugar $1.00 lOlbs Granulated Sugar 50c 51bs Granulated Sugar 25c Cash Grocery Co. 118 Whitehall 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 L 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 ..... ,,, ,,, ,,, ,,, ... m $11 466 443 °9 Deduct assets not admitted *.*.’*. 141624 66 Admitted assets ... ... ... ... ...... ... ... ... ... ... 113^481861 III. LIABILITIES. Total liabilities 324 818 63 IV. INCOME DURING THE FIRST SIX MONTHS OF THE YEAR 1913 Total income *1.848.264.42 V. DISBURSEMENTS DURING THE FIRST SIX MONTHS OF THF YEAR 1913. Total disbursements 8g Greatest amount insured in any one risk .. .. *20,000.00 Total amount of insurance outstanding 79,656,103.97 A copy of the Act of Incorporation, duly certified, is of file in the office of the Insurance Commissioner. STATE 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 N'ationa 1 ’ 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 dsv of Jnlv I9i,i u - u, A L- H - SPURRIER, I ■ liliiairi MirljB . _ Notary Public.