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2 -iVTF! ATLANTA UKOKGIAN AND NEWS. FRANK ASSISTS HIS ATTORNEYS IN ELIMINATING VENIREMEN. Wife Siis With Dagger-Like Gaze on the Prosecutor of Her Husband flSCUSED CLOSE WATCHER [ DECIDE FATE ME PICKED OPPOSING LAWYERS IN FRANK CASE LUTHER Z. ROSSER. SOLICITOR HUGH DORSEY. Continued From Page 1. Q What time did you leave her*’— A Seven minutes past twelve. Q. Did you ever see these clothes clothes)?—A. She had them on when I left her Q. Where did she say she was go ing?—A. Right to the factory to draw h^r pay. Q Did you expect to meet her again 0 —A. She said she would meet me at 2 o’clock to see the parade. 1 left her at Forsyth and Marietta streets at 7 minutes past 12. She wa£ going to the factory then Rosser Takes Up Quizzing. Q. What did she say about Frank? Objection was 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 was 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 Whore 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 Man* Phagan got oft 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 comer 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?—X. The next morning at the pencil factory Epps was then egrused and Newt Lee 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. Yet. Calls Frank ‘’Head Foreman." Q. What was his position?—He was head foreman. Q You mean superintendent?—A. Yes. something like that. Q. What instructions did Mr. Frank give you?—A. He told me Friday to come back at 4 o’clock on Saturday. He said he wanted to get away. Q. What time did you get there V- 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 I 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 fioor with a sack of bananas. Q. What else did you do?—A. I sat my bananas dow’n and said: “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 OUT OF USE went In?—A. He was rubbing h1a hands and kept on rubbing them. He told me 1 could go out for an hour and a half, or not later than by usual time for getting there. * H*- tfcld rne he was torn 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 Said Not to Punch Clock. Q. What was the appearance of his face?—A. I didn’t pay much attention to his fare. I offered him some ba nanas and went on out. Q. How long did you stay?—A. I came back q, few' minute^ before 6 o’clock. Q What did Mr. Frank say then?- A. H said: “pon’t punch it yet. some of the workmen are stlil in.” He said hq wanted to change the slip Q. Did you ever see him fix the slip before?—A Yes. Q. When he changed the slip this day was my shortest day, but I agreed Lo come back early. Q. What w'as Mr. Frank'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 vo many I don’t know them all. Q. You have told this 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 Frank ha*i said he gave the pair of shoes* 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?— 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 w’ith 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 be taken. Dodson’s Liver Tone Is a vege table liver tonic that is absolutely harmless for children and grown people. It sells for BO 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. -a 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 Tells of Seeing Gantt. Q. Did you see Mr. Gantt that day? —A. Yes, 1 saw him down at the door a little after 6 o’clock. He said he w r anted 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 they were tan. Mr. Gantt said his were black. Q. What did Mr. Frank do then”— A. He dropped hin head and said for me to go up with Mr. Gantt to get the shoe*. 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 Sundav 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 Frank tell you about the lights?—A. Frank 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 ligh.s?—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 w r hen you knock him down In the grass? Well, it was just about like that. Q. What did you do?—A. I 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 If they were open?—A. Yes. 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 I 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 I tried to $et Mr. Frank, who I w»as 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, lust before I found the body. Q. When did you see Frank 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. W 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. Frank sav?-«-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. Frank did. Mr. Darley 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 u>id vn M a pencil in that clock?—A. Yes, I put it there the sec- * . Sunday night 1 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 Frank again after that?—A. We went to the sta tion in the same automobile. o M'fi ’ou bar i ;ri ver^tion with him the next Thursday night?— A. I don’t know what night it was, but they took me out of my cell and said they were going to let me and Mr. Frank have it out. They nand- cuffed me to a chair before he came. When he came, I told him it was mighty hard to be handcuffed to 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.” “Ye#,’’ 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. <j. Were you willing to come back to the factory that Saturday at 4 o'clock?—A. I told Mr. Frank'Satur- 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 everv Saturday except this one, was it not?—A. Yes. Q. The first Saturday you w’ere 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. Frar^c. Q. What would he say?—A. He W'ould 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 rubbing 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 Frank 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 ftrs»t fioor?—A. Yes. Q. If the office door w’as 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. Frank was in his office, could any one have gone anywhere in the factory without Mr. Frank see ing him or knowing him?—A. Yes, if he didn’t hear him. New Line of Questioning. Q. If Mr. Frank 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, 1 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 little while 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 want 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 is deliberately obstructing the testimony without intending to.” "I will make him answer,” said So licitor Dorsey, "when I get him.” "Yes,” said Mr. Rosser, ”1 know' you will. Probably you can get him to answer better than I can.” "I want the truth," rejoined Solic itor Dorsey. "Yes, wr all do In our partisan way.’ replied Rosser. All th* 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. *\o, I never have." replied Hem mett. Here the Solicitor referred to some notes at hand and proceeded to call to Heinmett’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 ion. "1 only said I would have to hear some evidence before I would believe Frank was guilty,” he told Judge Rcan. He was rejected for cause. Defense Equally Alert. The defense showed ti»at it was ex actly as vigilant when the next ve nireman w’as examined. As soon as A. L. Bellingrath. of No. 91 Mllledge avenue, arose from his seat. Attor ney Arnold was on his feet prepared to state the objection of the defense He pointed out that Bellingrath w’as 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 Frank is cleared, the defense had no intention of allowing them to pass on Frank'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, i don’t w’ant 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.” 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. They 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 a. the affidavits of Jim Conley. After a short passage between Attorney Ar nold for Frank- 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, wffiere the murdered girl worked; members of Frank’s Immediate family, and other relatives and associates of the accused man, members of the same fraternal orders, acquaintances who saw Frank 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 scoured the country for persons who had known Frank when he w’as 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. Henf-'lee, No. 74 Oak street, a traveling salesman for the Franklin Buggy Company; F. V. L. Smith. No. 481 Cherokee avenue, manufacturer's 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. 31 Hood street, cashier of the Buckeye Oil Company; W. M. Jeffries, a real estate man, with offices at 318 Empire Building; Marcellus Johemming, No. 161 James street, a machine shop foreman, with offices at No. 281 Mari etta street; M. L. Woodward, cashier King Hardware Company, No. 182 Park avenue; J. T. Os'burn. an opti cian for Hawkes’, was chosen from the fifth panel to be the ninth juror: D. Townsend. No. 84 Whitehall ter race, cashier Central Bank and Trust Corporation. W. S. Medcalf, No. 136 Kirkwood avenue, circulation department of The Atlanta Journal. C. J. Bosshardt, No. 216 Bryan street, pressman Foote & Davies. Bosshardt, the twelfth juror chosen, was the last venireman in the last panel that had been called before the court at the opening of court in the morning. He was picked at exactly 1:25 o’clock and at 1:30 the recess was taken until 3 o’clock. Attorney Rosser took very little pan in the selection of the jury, ex cept to interject a suggestion now and then. He evidently was reserv ing his strength for the real struggle to come. Shortly before 2 o'clock Leo Frank was taken into a room adjoining the juryroom, where he was served with a special dinner provided for him by his relatives. Frank’s mother and wife were allowed to converse with him while he ate the dinner. He w r ill remain in this room until the court reconvenes at 3 o’clock. Wife and Mother With Frank. Frank, accompanied by his wife and his mother, was brought into the courtroom at 10:30 o’clock. The strik ing of the jury was begun at once. A half dozen of Frank’s friends in terrupted the order of the court for several minutes by clustering about him and shaking hand« with him. If there was any fear in the heart of the young prisoner it did not show in his calm features. He seemed per fectly assured and self-possessed. H<> nodded pleasantly to the judge and greeted his friends with a smiles. After the stir had. subsided, cover ing the entrance of Frank, his wife and mother, the trio took seats in a semi-circle just below the bench. Frank and his mother took a good look at the jurors in the first panel that was brought in. The prisoner scrutinized each one closely as he was quizzed by th*= prosecutor to deter mine his qualifications. Wife Fixes Gaze on Dorsey. Mrs. Frank displayed no sign of emotion until she suddenly found that she was facing Solicitor Dorsey. Then anger appeared to blaze from her eyes She seldom removed her gaze from the Solicitor’^ face during the fore noon. If Dorsey was aware of the young woman’s scrutiny, he made no sign and proceeded with the case in rapid fashion. HIGHWAY DEPENDS ON GORDON. DALTON—Congressman Gordon Lee has written from Washington that the Sherman-Johnston Government highway hinges upon the action of Gordon Coun ty officials. Bartow, Catoosa and Whit field have decided favorably Gordon County has not yet taken action. • * * ( SEASHORE EXCURSION AUGUST 7. Jacksonville, Brunswick, St. Simon, Cumberland, At lantic Eeach, $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 ysu h#vs b*«N taking treatment for weeks and months and pay Inq oat yatir hard earned money without being cured, don't you think It l« high time to accept OR. HUGHES’ GRAND OFFER? You wll] certainly net be out any more money If not cured. Cap ci tation and Examination are Free fer the next thirty day*. If I decide that your condition will not yield readily to any treat mont. I will be honeet with you and toll you #o. and not accept your money under a promise of 0 euro. My treatment will poettlvoly mre or I will make yon oe efcaapa for the following dlseaers: KIDNEY, BLADDER AND URINARY TROUBLE. STRICTURE, VARICOCELE, HYDROCELE, NERVOUS DEBILITY, RUPTURE, ULCERS AND SKIN DISEASES CONTAGIOUS BLOOD POISON L>. .. Catarrhal A fraction a. Pilot and Fistula and all Nervoua. Chronic and Private Dleeaaea «f Men and Women. Newly contracted and chronic Cases of Bundue. Itching and Inflammation stopped In 24 houm I am against high and extortionate few charged by some physicians and specialists My fees are nr tunable and no more Qian you are willing to pay for a cure. All medicine*, the aureat and best of drugs, are eupplld f ron my own private laboratory OUT-OF-TOWN MEN VISITING THE CITY, consult me at once upon arrival, and maybe you can be cured before returning home Many case# can be cured In one ®r two visits. CALL OR WWTt-Na detention from business. Treatment and advice confidential. Hours 9 a m. to 7 p. m. Sunday. 9 to 1. If you can't call, write and give me full descrlj>don of your case In your own word* A complete consultation costs you nothing and If I can help you I will. DR. J. D. HUGHES, lG I h,rd . 1 North Broad Stroot. Atlanta, Ga. Funeral Designs and Floweit FOR ALL OCCASIONS. Atlanta Floral Company, 455 EAST FAIR STREET. 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 CF CHICAGO. ILL., Organized under the laws of the State of IUinole, made to the Governor of the State of Georgia in pursuance to the laws of said State. I. CAPITAL STOCK. Amount of capital stock 3500,000.00 II. ASSETS. Gross assets -.*1M66,443.29 Deduct assets not admitted 141,624.86 Admitted assets ll.324isi8.63 III. LIABILITIES. Total liabilities *11.324,818.63 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 THE YEAR 1913. Total disbursements *2,140,442.96 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 National Life Insurance Company of the United States of America, and that the foregoing statement is correct and true. A. M. JOHNSON. Pres. Sw'orn to and subscribed before me, this 22d day of J”lv i<nn E. H. SPURRIER, — —a — ■,,, iMMinifnii Notary Public.