Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 28, 1913, Image 2

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13* 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 ing out your hard earned money without being oured. don’t you think It It high time to acoept DR. HUGHES' GRAND OFFER? You will certainly not bo out any more money If not cured. Co4 j|- tatlon and Examination art Free for the next thirty dayt. If I decide that your condition will not yield readily to my treat ment, I will be honest with you and tell you so. and not accept your money under a promise of a cure. My treatment will positively lor the following diseases: are or I will make you no ol KIDNEY, BLADDER AND URINARY TROUBLE. STRICTURE, VARICOCELE, HYDROCELE, NERVOUS DEBILITY, RUPTURE, ULCERS AND SKIN DISEASES CONTAGIOUS BLOOD POISON t-Catarrhal Affections. Pilot and Fistula and ail Nervous, Chronic and Private Diseases ef Men and Women. Newly contracted and chronic Casee c*f Burning. Itching and Inflammation stopped In 24 hours I tin against high snd extortlorste fee* charged by some physicians and specialist* My foes are reasonable and no more rhan you are willing to pay for a cure All medicines, the surest and boot of drugs, are supplld from my own private laboratory. OUT-OF-TOWN MFN VISITING THE CITY, consult me at once upon arrival, and maybe you can be cured 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 a m. to 7 p. m Sunday. 9 to 1. If you can’t call, write and give me full description of your caae in your own words. A complete consultation costs you nothing and if I can help you I will. 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,