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

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2 H!F \TJ A.' s'TA (liAAJM an and ni:\vr. FRANK ASSISTS HIS ATTORNEYS Wife Sits With Dagger-Like Gaze on IN ELIMINATING VENIREMEN the Prosecutor of Her Husband FRANK A. HOOPER. ris, member of the State Board of Health; Dr. j. W. Hurt, Coroner's physician; E. L. Parry, court stenog rapher; E. S. Smith, Monteen Stover, girl employee at pencil factory; Mi- nola McKnight, . cook at Frank's home; Albert McKnight, Minola's husband (McKnight did not*appear in court); Helen Ferguson. Mrs. Arthur White, wife of factory employee, and L. Stanford. Attorney Reuben Arnold asked concerning the duces tecum that he had served on the State's attorneys for the affidavits of Jim Conley and others. On the promise of Solicitor Dorsey that he would produce the af fidavits* whenever needed the duces tecum was waived. Solicitor Dorsey said he did not concede the right of the defense to force a production of the affidavit. He, however, at the request of Mr. Arnold, dictated a statement giving the dates of each of the affidavits signed by Conley’, saying they were all of the affidavits Conley had made and that he would produce them whenever necessary. The Solicitor asked then that the defense’s witnesses be called and sworn. This was met by strenuous objection on the part of Attorneys Rosser and Arnold, who claimed their list was fragmentary. Solicitor Dorsey protested vehe mently, declaring that it would be ex- passed the 60-year mark. Solicitor Dorsey put the questions, using the formal ones ask in murder trials. Being conscientiously opposed to capital punishment or conviction by circumstantial evidence was held not to disqualify a juror by Judge Roan. This was in connection with O. T. Camp, the second talesman. “I am conscientiously opposed to capital punishment on certain grounds,” said Camp. "What are those grounds,” asked Solicitor Dorsey. "Circumstantial evidence,” he re plied. • Judge Sustains Defense. "That disqualifies him, then,” said Solicitor Dorsey’. Attorney Rosser objec/ed. saying that such belief did not disqualify the Juror. Judge Roan sustained the defense, Mit Solicitor Dorsey struck him. A. W. Brewerton was disqualified because he was opposed to capital punishment. W. H. Winn w r as struck. Solicitor Dorsey taking this action after look ing over his record. R. G. Elliott was struck by the de fense. L. A. Smith was struck for cause. C. T. Hopkins, Jr., struck by State. Not One Is Obtained. W. E. Cates, disqualified because opposed to capital punishment. T. G. Young, struck by’ defense. D. D. Hewey, struck because he did not believe in capital punishment. That ended the first panel of tales men and not a single juror was ob tained. The State struck three and the defense two. Seven were dis qualified for cause. Four Jurymen Obtained. Pour jurors were obtained from the second panel. They are: A. H. Henslee,.No. 74 Oak street, a salesman. F. V. L. Smith, No. 481 Cherokee avenue, a manufacturers agent. J. F. Higdon. 108 Ormewood ave nue, a contractor. F. E. Winburn, No. 21 Lucile ave nue. a claim agent. On the second panel the following men were struck: Howard Oliver, by the defense. H. E. Luckey, for cause. O. L. Spurlin, No. 156 Lawton street, struck by defense. H. A. Shide, for cause. E. E. Hawkins, No. 369 Edgewood avenue, a negro, who was accepted 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 have been takln« treatment for week* and month* and fay ing oat your hard earned meney without being cured, don’t you think It le high time to accept DR. HUGHES’ GRAND OFFER? You will certainly not be out any more money If not cured. Ca* it- tatlon and Examination are Freo fer the next thirty day*. 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 aecer-t your money under a promise of a cure. My treatment will posRIvaly mre or I will make yau oa oharge far the following dUeaees: KIDNEY, BLADDER AND URINARY TROUBLE, STRICTURE, VARICOCELE, HYDROCELE, NERVOUS DEBILITY, RUPTURE, ULCERS AND SKIN DISEASES CONTAGIOUS BLOOD POISON ter ...... .Mo*.Catarrhal Affeotlan*. PHa* and Fistula and all Rervoue, Chronlo and Private Disease* of Men and Women. Newly contracted end chronic Cases of Burning, Itching and Inflammation stopped In 24 hours I am against high and extortlorate feea charged by some physicians and specialists. My fees are reasonable and no more than you are willing to pay for a cure. All medicine*, the surest and best of drugs, are supplld from my own rrKxte laboratory OUT-OF-TOWN MEN VISITING THE CITY, consult me at once upon arrival, and maybe you can be cured before returning home. Many cases can be cured tn one or two visits CALL OR WRITE No detention from business. Treatment and advice confidential. Hours 9 a m. to T p. m Sunday. 9 to 1. If you can’t call, write and give me full description of your case in your own word*. A complete consultation costs you t\othing and if I can help you I will. HD I n Mlirurc Opposite Third National Bank UIT. J. Urn IT Uvin i6 1>2 North Broad Street. Atlanta. Ga. ACCUSED CLOSE WATCHER AS THE MEN WHO ARE TO DECIDE FSTE IRE PICKED tremely unfair to. the State not to swear the defense's witnesses at this time. Attorney Rosser said it would delay the trial to complete their list at this time. Judge Roan ruled that he would give the defense time to get up the list. The defense capitulated and it took but five minutes for the list to be made up. Witnesses for Defense. Attorney Stiles Hopkins, at the ta ble for the defense, called the names of the witnesses by whom they expect to clear Frank. They were Mary Burke. Dora Small, Ffila Thomas, C. P. Gilbert, F. Payne. Eula Flowers, Josephine Stelker, Mattie Thompson. Mrs. L. J. Cohen, J. C. Lowe, M. H. Liebman, Miss Bessie White, Joe Williams, Fred Howell, Wade Camp bell, j. A. Price. J. E. Lyon, Cora Lav ender, M. O. Nix, J. C. Matthews, F. Jenkins, Mrs. Josephine Selig, E. Se- lig, J. H. Haas, W. H. Mincey. J. B. Spier, E. L. Skipper, E. L. Sentell, May Barrett. Rebecca Carson, C. H. Carson, Harry Denham, Corlnthia Hall, Mattie Hall, J. L. Holloway, Mrs. George Jefferson, Jerome Mi chael, George W. Parrott, M. W. Mor row, Mrs. M. W. Morrow, Rabi David Marx, A. E. Mayo, Fred Weller, A. E. Marcus, Ed Montag, I. H. Haas, W. B. Owens, T. Y. Brent and Ossie Shields. These were all of the witnesses whose names were called, but at least 100 more, who will be used mostly as character witnesses, were in the room on the second floor waiting to be called. First Talesman Too Old. After the venire had been sifted and many excused, W. S. Copeland was the flrtft talesman examined. He was excused when he said that h e had Continued From Page 1. E. A. STEPHENS. their list of witnesses against their wishes and their vigorous protests They evened up matters by obtain ing from Solicitor Dorsey the oonces- s1on 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 Frank and Solicitor Dorsey that the list must be read, the Judge ruled, and the list was read by Al- torney Stiles Hopkins. The list Included employees of the National 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 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 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. Hennlee, 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. Wtsby, No 31 Hood street, cashier of the Buckeye Oil Company; W M. Jeffrler. a real estate man, with offices at 318 Empire Building; Marcellas Johemmlng, No. 361 James street, a machine shop foreman, with offices at No. 281 Mari etta street; M. L. Woodw’ard, cashier King Hardware Company, No. 182 Park avenue; J. T Oeburn, an opti cian for Hawkes’, was chosen from the fifth panel to be the ninth Juror; D. Towr^end. No. 84 Whitehall ter race. cashier Central Bank and Trust Corporation. W. S. Medealf, No. 136 Kirkwood avenue, circulation department of The Atlanta Journal. C. J. Bosshardt, No. 216 Bryan street, pressman Foote & Davies. Bosshardt, the twelfth juror ^hosen, was the last venireman in the last panei 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 struggl* 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 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 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 hands with him. If there was any fear in the heart of the young prisoner It did not show in hi« calm features. He seemed per fectly assured and self-possessed. He nodded pleasantly to the judge and greeted his friends with a wmiles. 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 ^rutlnlzed each one closely as he wa.s 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 REUBEN R. ARNOLD. DANGEROUS CALOMEL. GOING OUT OF USE A Safer, More Reliable Remedy Has Taken Its Place in the . Drug Store and in the Home. A few years ago. men, women and children took calomel for a sluggish liver and for constipation. They took risks when they did so, for calomel is a dangerous drug. Your family doctor will be the first to tell this if he discovers you dosing yourself 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 ot bilious ness and liver trouble w’here 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- j tie 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 w’ithout any of calo mel’s unpleasant after-effects. and seeming scorn curled her lips 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 w’as ridicul ing the efforts to convict Frank. Mrs. Frank w r as attired in a becoming suit of black and wore a black hat trim med w’ith black chilTon; 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 briliiant diamonds shone on the-engagement finger of her left hand. Frank occupied a seat between his w’ife 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 were be ing qualified. When each new panel was brought in he looked intently in to the free of each man. beginning at the upper row and shifting his gaze from man to man until he had scrutinized them all. Not Infrequently, when 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. w hose department unearthed much of the evidence, happened to be silting aA her right. She turned to him while he w’as glancing over pa pers as 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 Solicitor’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. State Names Its Witnesses. At 9:58 o’clock Solicitor Dorsey announced that he was ready to open the case of the State against Leo M. Frank, charged with having killed Mary Phagan by strangulation. This w’as followed J^y the request of the defense that the State’s witnesses be called, sworn and put under the rule. The prosecution opened by an nouncing its readiness to go on with the trial and called the list of wit nesses. Bailiffs brought them down from the second floor. In regular or der called, their names were: Mrs. J. W. Coleman, mother of Mary Pha gan; J. W. Coleman, the girl’s step father; George Epps, newsboy; L. S. Dobbs, policeman; W. W. Rogers, bailiff for constable; L. S. Starnes, detective and also prosecutor on the indictment; Pat Campbell, detective; Grace Hicks, girl who identified Mary PhaganLs body; J. M. Gantt. onc e held for inquiry, now supposed to be a star witness for the prosecution; Harry Scott, the Pinkerton detective; R. I’. Barrett, pencil factory em ployee: B. P. Haslett. policeman. M. V. Darley, factory employee; W. A. Gheesling, undertaker that cared for the girl's body; Dr. Claude Smith. City Bacteriologist; Dr. H. F. liar- 0PPOSING LAWYERS IN FRANK CASE I by the prosecution, but struck by the I defense. L. F. Davis, for cause. David Woodward, for cause. M. J. Sew ell, for cause. Imposing Array of Counsel. Third and Fourth Panels Go. The following men were struck on the third* panel: Charles Wither spoon. by defense; H. J. Kuglar. for cause; C. J. Hale, for cause; J. B. Hays, by defense; E. L. Winn, for cause; W. H. Abbott, for cause; K. P. Mayson, for cause; Boyd Perry, for cause. The entire fourth panel was struck: Samuel Schoen, by the State; W. S. Singleton, by defense; Earle Davis, a negro, was accepted by the State, but struck by the defense; C. S. Cantrell, for cause; John W. Collier, for cause; W. W. Hammett, by the State; A. F. Bellingrath, by defense on ground that he was a brother to an employee r Solicitor Doriey’s office and that he had expressed the opinion that Frank was guilty. “I said it looked like he was guilty from what the newspapers said,” de clared Mr. Bellingrath. Solicitor Dor sey urged that the talesman was not disqualified by this. However, Judge Roan disqualified him for cause. "I think he should be »et aside for his ow n sake,” ruled the judge. D. Berger, for cause. Two More Panels Struck. The following men were struck from the fifth panel: W. C. Willis, for cause: H. C. Hasty, prejudice; C. H. Cook, by defense; C. H. Candler, in answer to a question from Solicitor Dorsey if he was Impartial, said "No;” George R. Low, by the State; S. E. Owens, for cause; J. C. Hen derson, for cause; C. M. Brown, op posed to capital punishment; C. A. Vaughn, prejudice. The following men, comprising the entire’sixth panel, were struck: Ben F. Willis, by defense; C. M. Petton, prejudice; W. H. Hudson, not impar tial; G. R. Milner, by defense; John Head, age; Robert Smidt, opposed to capital punishment; V. N. Carroll, not impartial; C. H. Allen, opposed to capital punishment; P. F. Barber, op posed to capital punishment; O. Win gate, for cause; T. E. Winsow, by State; A. W. Wofford, by defense. Every man on the seventh panel was struck, including H. H. Kelly, prejudice; N. A. Long, biased; C. W. Gittens, by defense; H. D. Ferguson, opposed to capital punishment; W. L. Merk, by defense; F. E. Walker, prej udice; P. B. Sale, prejudice; W. S. Gaston, biased; C. L. Asbury, biased; J. W. Chatham, prejudice; C. W. Sea- groves. prejudice; Carl Weinmelster, opposed to capital punishment. The last panel, from which the last juror was secured, was Panel No. 9. The following men were struck: S. L. Miller, by defense; H. L. Solomonson, biased; L. O. Hendon, by defense; H. C. Ashford, for cause; E. E. Woch- endorff, prejudice; Nicholas Ittner, age: Bud Waites, prejudice; W. W. Sorrell, by defense: Soloman Ben jamin. member of Grand Jury. The buzz of conversation In the lit tle courtroom instantly was hushed when Judge Roan appeared and Dep uty Sheriff Plennie Miner called the court to order. The impaneling of jurors was begun at once. i Lut'her Z. Rosser, chief of counsel for Frank, pressed his way to the'de- fense's table just as Deputy Miner rapped for order. Solicitor Dorsey and his associates were at their table busily arranging papers and docu ments several minutes before the swearing of the veniremen began. An imposing array of legal talent was presented w’hen the case was called. Heading counsel for Frank were Rosser and Reuben R. Arnold, two of the foremost lawyers of the South. At their table were Herbert T. Haas, a civil attorney, who has been engaged in looking up character witnesses in behalf of Frank; Styles Hopkins, of the Rosser & Brandon law firm; Oscar Simmons and Paul Goss, engaged especially to assist in picking the jury; George Cox. of Ar nold & Arnold law firm, and Luther Z. Rosser, Jr. Wife at Frank’s Side. With Solicitor Dorsey were Frank A. Hooper, the brilliant attorney who made his reputation as a prosecutor in criminal cases; E. A. Stephens, As sistant Solicitor, and detectives who have been working on the case. Jim Conley’s attorney, W. M. Smith, also was in court. A stir was created w’hen Mrs. Frank, wife of, the accused, made her way into the courtroom and hurried past the rows of spectators into the anteroom where her husband was confined. She bore herself bravely, and when she reached Frank, was seen to converse cheerfully with him. The loyal woman, who Insisted *n being by the side of her husband un til he was called into the courtroom with his attorneys, drew the attention away from the routine proceedings several minutes. Judge Roarv In Good Humor. * Judge Roan appeared in unusually radiant humor and enlivened the dull routine of the early proceedings with facetious remarks directed at the ju- Fnneral Designs and Flower* FOR ALL OCCASIONS, Atlanta Floral Company, 465 EAST FAIR STREET. rors who sought to evade duty on va rious pretexts. To one w’ho claimed deafness. Judge Roan said that he had heard his own name readily enough when it was called. Another juror, Dr. E. L. Connally, well known capitalist, and gray haired veteran of the war, remarked, smiling rather slyly, that he thought he was over age. “How do you know that?” inquired the judge. "My mother says I am,” was Dr. Connally’s reply. "Do you claim exemption on that account?" asked the court. "I guess 1 do, judge," admitted the capitalist. "Well, then, I guess I will excuse you,” said the Judge, amid a general laugh from the courtroom. Dr. Connally left his place with a vigor that belied his years. Old Dj\ Stork was responsible for the excusing of several of the Jurors. By the time the eighth panel of men had taken the oath three men had told of new arrivals at their homes and had been excused. Defense Not to Ask Delay. Luther Z. Rosser, of counsel for the defense, stated to a Georgian reporter as he left his office for the scene of the trial that he defense would make no move for delay. “We will not seek a change of venue or make any move of any kind to delay justice for our client,” he said. "We are entirely confident that jus tice and truth will prevail, as it al ways must." Reuben R. Arnold, of the defense, made the same kind of a statement. "We will announce ready as soon as the case is called,” he said. One important witness for the de fense was reported to be missing. | He Is a traveling salesman, and the defense was said to be confident of locating him. A great crowd gathered in front of the courthouse as the hour of the trial drew near, and when 9 o’clock arrived, Pryor street at Hunter w’as almost impassable. The corridors of the courthouse were a mass of hu manity, through which a lane had ro be cut by deputies to allow the pas sage of witnesses and lawyers and newspaper men. The crow’d was tense with curiosi ty, but to-all appearances inclined to be orderly and apparently was moved only by the commonest of human na tives—curiosity. Judge Andrew Calhoun entered the courtroom when the court was about midway in its forenoon session an3 took a seat by Judge Roan. In the intervals w’hen the proceedings were interrupted by conferences of the at torneys, he conversed with Judge Roan. New’t Lee, who found Mary Pha- gan’s body, was brought from the Tower in the middle of the forenoon in the custody of a deputy sheriff. He was placed in an anteroom adjoining the courtroom. It was expected that* he would be one of the early wit nesses. if not the first, to be called >y the State. Lee testified before the Coroner’s inquest that he found the body of the slain factory girl in the 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 bonnet to prevent being overcome by the heat. In a paper carried at her eide with her Bible she puts another piece. When the first piece melts, the sec- one piece is substituted. NOVEL D. A. R. EVENT WASHINGTON, July 28.—Thirteen Daughters of the Revolution, one from each of the original States, will plant sprigs of ivy around Continental Hall, the organization’s headquarters, this fall. I Cash Grocery Co. Whitehall j Ilemons 1-2 Armour’s C Grape Juice, D Pints 14c O Quarts .... 27i/ 2 c Z y 2 Gallon .. 49c 251bs Gran’lated Sugar $1.25 201bs Gran’lated Sugar $1.00 lOIbs Granulated Sugar 50c 5lbs Granulated Sugar 25c Cash Grocery Co. Whitehall jl SEMI-ANNUAL STATEMENT For the six months ending June 30, 1913, of the condition of the National Life Insurance Company of the IJ. 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 ...w. --.$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 cf insurance outstanding 79,656,103.97 A copy of the Act of Incorporation, duly certified, is of file in the office of the Insurance Corn-missioner. 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 dav of July, 1913. E. H. SPURRIER. „ „ , ^ _ _ ,. ^ Notary Public-