Newspaper Page Text
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TTTE ATLANTA OEOROIAN AND NEWS.
FRANK ASSISTS HIS’ ATTORNEYS' IN ELIMINATING. VENIREMEN "
Wife Sits With Dagger-Like Gaze on the Prosecutor of Her Husband
11
JU
OPPOSING LAWYERS IN FRANK CASE.
LUTHER 7,. ROSSER. SOLICITOR HUGH DORSEY.
DECIDE FATE ARE PICKED
Continued From Page 1.
A* Seven minute* past twelve.
Q. Did you ever see these clothes
before (exhibiting Mary Phagan’s
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
her pay.
Q. Did you expect to meet her
again?—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 minuter past 12. She
was 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 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 1 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 dkd 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
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.
Yes.
Calls Frank “Head Foreman.”
Q What was his position?—He was
hend 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?—
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 |he 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. 1 sat
my bananas down 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
A Safer, More Reliable Remedy
Has Taken Its Place in the
Drug Store and in the
Home.
' to»
ha
: tie
t:r
m
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 b e 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
^whr. will refund your money with
smile if it does not give quick,
rntle 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 l could go out for an hour
and a hi If, or not later than by usual
time for getting there, lie 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 an 1 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 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 6
o’clock.
y. What did Mr. Frank say then?—
A. II said: “Don’t punch it yet, some
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.
y. When he changed the slip this
names
It de
orders. acquaintances who saw Frank
on the day of the crime and class
mates in college.
Jurymen Chosen.
The reading of fhe last
came as a complete surprise
veloped that the defense had scoured
the country for persons who had
known Frank when he was a student
at Cornell. They wer e subpenaed to
bring the character testimony in bis
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. Henriee. 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. V)8 Ormewood avenue.
F. E. Winburn, No. 213 Lucile
avenue, claim agent Atlanta and West
Point Railroad; A. L. Wlsby, 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. 18?
Park avenue; J. T. Ooburn. 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
E. A. STEPHENS.
IIS TO SHI
I WIFE; KILLS
Reward ‘Offered for Clem Poole,
Slayer of Dalton Policeman.
Posse Loses Trail.
.DALTON, July 28.—At an early
hour thivS 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 po iceman’s heart and
bringing instant death. Henry Mitch
ell, accompanying tue 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.
I r
Commission Government Act De
nied to Friendly Committee,
Lipscomb Act Up Tuesday
Southern Urged
As Solicitor General
WASHINGTON. July 28.—The Sen
ate Judiciary Committee to-day or
dered a favorable report on the nom
ination of Representative John W.
Davis, of West Virginia, to be So
licitor General of the United States.
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.
Tells of Seeing Gantt.
Q. Did you see Mr. Gantt that day?
—A. Yes, I saw him down at the door
a little aftpr 6 o’clock. He said he
wanted to get some old clothes.
Q. Did you see Mr. Frank?—A. Yea,
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 buy %id thmwn them into the
trash basket. Mr. Gantt asked what
color they w ere. Mr. Frank said they
were tan. Mr. GanU said his were
black.
Q. What did Mr. Frank 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. FTank call you over
the ’phone that night?—A. Yes, he
called ine 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 Leo ex
plained the lightin*r system of the
building.
Veniremen Keenly Watched.
All the force of attorneys at the
table for the defense watched with
keen eyes every man examined
for the Jury, and frequently ra®
ferred to a voluminous record
containing the names of all the
\eniremon 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 w*hether
or not he had ever expressed an opin
ion on the guilt or innocence of the
accused waa 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
ion.
"1 only said I would have to hear
some evidence before I would believe
Frank 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 on 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
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-
FRANK A. HOOPER.
noon session. Attorney Arnold an
nounced: .
“We may want to use some of the
members of the press as witnesses. I
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.”
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 protesta
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 all
the affidavits of Jim Conley. After a
short passage between Attorney Ar
nold f«>r Frank and Solicitor Dorsey
that the list must be read, the judge
ruled, and the list was read by At
torney Stiles Hopkins.
The ilst included -employees of the
Natiopal Pencil Factory, where the
murdered girl worked; members of
Frank's immediate family, and other
relatives and associates of the accused
man. members of the same fraternal
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
part 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 roctm adjoining the}
jury room, 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 will
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 jurv 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 hands* 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. He
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
ycrutinized each one closely as he was
quizzed by the 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’s 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.
Occasionally Mrs. Frank would turn |
to her husband and nod toward the |
Solicitor as though she was ridicul
ing the efforts to convict Frank. Mrs.
Frank was attired in a becoming suit
of black and wore a black hat trim
med with black chiffon; also a black
veil was drawn up over her hat. A
black and white ribbon led to her
watch in the pocket of her white silk
waist. Two brilliant diamonds shone
on the engagement finger of her left
hand.
Frank occupied a seat between his
wife and mother. He conversed with
them alternately, at no time appear
ing nervous or the least apprehen
sive. His attitude was noticeably
even more calm than at the time
when he appeared before the Cor
oner’s jury.
Frank Aids Attorneys.
Frank spoke frequently to his at
torneys, whom he was near, and made
suggestions while the jurors w*ere be
ing qualified. When each new panel
was brought in he looked intently in
to the face of each man, beginning
at the upper row* and shifting his
gaze from man to man until he had
scrutinized them all.
Not infrequently, w*hen the Solici
tor had closed his examination and
had said, “Juror, look on prisoner;
prisoner, look on juror.” Frank would
turn to Attorney Arnold and an in
stant later the announcement would
be made, “Storuck by the defense.”
Frank evidently was playing a large
part in the striking of jurors by the
defense.
The dagger-like gaze of Mrs. Frank
seldom was removed from the So
licitor’s face. Frequently she em
braced all those at Dorsey’s table in
her scornful glance.
Wife Caresses Prisoner.
Chief of Detectives Newport A
Lanford, whose department unearthed
much of the evidence, happened to be
sitting at her right. She turned to
him while he w*as glancing over pa
pers es if she were about to speak
her mind to him, but thought better
of it.
Once in a while she took her eyes
from the Soliritor’s table to lay her
hand affectionately upon her hus
band’s shoulder and draw* him toward
her to whisper in his ear. Once when
she discovered the reporters eyeing
her, she smiled mischievously and Im
mediately whispered the information
to Frank.
Frank’s mother sat quietly through
the routine of examining the venire
men. She spoke to her son frequent
ly. directing her glance at the pros
pective jurors as though commenting
on their fitness.
A fight for the reference of the hill
giving Augusta the commission form t
of government, by members of the
Richmond County delegation, fea
tured Monday’s session of the House,
Judge Picquett winning in his efforts
to have it referred to the Committee
on Municipal Government, of which
he is chairman.
The authors of the bill, Qlive and
Garlington, sought to have the bill *
referred to the General Judiciary
Committee No. 1, of which both are
members.
The Lipscomb taxation bill was set
as a continuing order beginning
Tuesday. This provides a tax of $5#
on lobbyists; doubles the occupation
tax of corporations; increases the tax
on bottling plants; places an annual
tax of $5 on automobiles; levies an
inheritance tax and various other
taxes to increase the revenue of 1915.
It is expected that this bill will
occupy the House for several days.
If it passes within this time limit it
will be a record time for Georgia
lawmakers to dispose of so im
portant a matter.
Senator Kelley, of the Eighteenth
District, introduced a bill in the Sen
ate last Friday covering the same
matter. This l^as not as yet been
acted upon.
Considerable discussion resulted
when the optometrist bill, providing
for a board to examine opticians in
Georgia before they be allowed to
practice, was read. This bill previous
ly had been adversely reported. Its
author, Wallace Miller, of Bibb, urged
that the bill be considered seriously.
Fog Drives Steamer
Chalmette Aground
NEW YORK. July 28.—The steam
er Chalmette from New Orleans for
New York went ashore early to-day
In a thiqk fog while a mile and a
half south of Rarnrgat.
It is not believed that the Chal
mette is in serious danger. Word
received at the company's office in
this city said that the captain and
crew were safe.
Funeral Designs and Flower?
FOR ALL OCCASIONS.
Atlanta Floral Company,
455 EAST FAIR STREET.
Cash Grocery Co
118
Whitehall
gi 1-2 Armour’s
M C Grape Juice,
I jj D Pints 14c j
I ■ O Quarts .... 27y 2 c
Z i/ 2 Gallon ...49c
25lbs Gran'lated Sugar $1.25
201bs Gran'lated Sugar $1.00
lOlbs Granulated Sugar 50c I
5lbs Granulated Sugar 25c |
Puts Ice in Bonnet
And Goes to Church
ALTON, ILL., July 28—Mrs. E. B.
Clarkson, aged 28. of Alton, is using
ice on her head to make the. trip to
and from the First Presbyterian Sun
day School weekly, to keep up her
record of fourteen years’ consecutive
attendance.
Mrs. Clarkson puts a small chunk »
of ice under her old-fashioned bonne:
to prevent being overcome by the
heat. In a paper carried at her ride
with her Bible she puts another piece.
When the first piece melts, the sec-
one piece is substituted.
Cash Grocery Co.
118
Whitehall
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 havt tam taking) treatment for weeks and months and pay
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think It It high time to acoept DR. HUGHES' GRAND OFFER?
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If I decide that your condition will not yield readily to my treat
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My treatment will positively
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are or I will make you no ol
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RUPTURE, ULCERS AND SKIN DISEASES
CONTAGIOUS BLOOD POISON
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Newly contracted and chronic Casee c*f Burning. Itching and Inflammation stopped In 24
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My foes are reasonable and no more rhan you are willing to pay for a cure All medicines,
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l»»forc returning home Many cases can be cured In one or two visits
CALL OR WRITE No detention from bu Incss. Treatment and advice conflden’lal. Hours 9
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np 1 n Opposite Third National Bank
LFI*. J. L». nuunc.9, x6 1.2 North Broad Street. Atlanta, Qa.
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 ... i ... $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 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.
Sworn to and subscribed before me, this 22d day of July, 1913.
El H. SPURRIER,
. . ■ _ Notary Public,