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"•TTF \TT ANTA tiKOKdlAX AND XFWS.
FRANK ASSISTS- HIS ATTORNEYS IN ELIMINATING VENIREMEN l
Wife Sits With Dagger-Like Gaze on the Prosecutor of Her Husband
ACCUSED CLOSE WATCHER
US THE MEN 101 TO
ECIBE FATE ARE
OPPOSING LAWYERS IN FRANK CASE
LUTUKR Z. IiOSSEK. SOLICITOR HUGH DORSEY.
Continued From Page 1.
Q What time aid you leave her?—
A Seven minute* past twelve.
Q. Did you ever see these clothes
clothes)?—A. She had them on when
I left her.
Q. Where did ahe say she was go
ing 0 —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. I
left her at Forsyth and Marietta
streets at 7 minutes past 12. She
was going to the factory then
Rosser Takes Up Quizzing.
Q. What did she say about Frank?
Objection wa* made by Attorney
Rosser. The objection was sustained.
The State then turned the witness
over to the defense. Rosser took up
the questioning.
Q. How do you know the time?—A.
1 saw a clock at Oliver stret. right
after I got on the car It was about
10 minutes to 12.
Q Wherw 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.
Y es
Q. Are you sure Mary Phagan got
off the car with you? A. 1 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 inert
you at 2 o’clock?—A Yes. hut 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?—A. The next morning at the
pencil factory
Epps was then excused and Newt
L.€*e 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 bulkiing After be
ing sworn. Solicitor Dorsey ques
tioned him:
Q. What is your name?—A. Newt
Lee.
Q. What was your business?—A.
Night watchman at the National Pen
cil Factory.
Q. How long were you there?—A.
Three weeks.
Q, Where were you night watch
man before?—A. At the other place.
Q. Do you know Mr. Frank?—A.
Yes.
Calls Frank “Head Foreman.”
Q. What was his position?—He was
head foreman.
Q. You mean superintendent?—A.
Yes. something like that.
Q. What 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 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 w'ent up to the second floor with a
sack of bananas.
Q. What else did you do?—A. I 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
alwr&ys hollered to me from his office.
Q. What was he doing when you
went in?—A. He was nibbing his
hands and kept on rubbing them. He
told me 1 could go out for an hour
and a half, or not later than by usual
time for getting there He told me
he was sorry he had told me to come
down early and I told him I was sorry,
too. because I could have slept some
more. He told me to go on out to
town and have a good time
Frank 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 w'ent on out.
Q How long did you stay?—A. I
came back a few minutes before 6
o’clock.
Q. What did Mr. Frank say then?—
A. H 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.
Q. When he changed the slip this
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REUBEN R. ARNOLD.
time did he do It slow’er 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 after 6 o’clock. He said he
wanted to get some old clothes.
Q. Did you see Mr. Frank?—A. Yes.
Mr. Gantt went in. Mr. Frank came
busting out and run into Mr. Gantt.
He looked like he was surprised and
Jumped back.
Q What did they say to each other?
—A. Mr. Gantt said he wanted to get
his shoes. Mr. Frank said he thought
the boy had thrown them into the
trash basket. Mr. Gantt asked what
color they were. Mr. Frank said they
were tan.' Mr. Gantt 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. 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 ewrv-
thing was all right. He said ’Good
bye.”
Q. Did you hear from him any
more?—A. Not until Sunday morning.
Solicitor Dorsey then exhibited a
diagram of the scene of the crime,
drawn by Bert Green, the Georgian
staff artist. By this diagram Lee ex
plained the lightin" 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.
j I alw ays lighted up on Saturday at 5
o’clock.
O What did he tell you about the
basement lights?—A. He told me to
keep it burning bright all the time.
Left Lights Burning Brightly.
Q How did you leave it Saturday
morning when you left the factory?—
A. It was burning bright.
Q. How was it when you saw it
again Saturday evening?—A. Have
you ever seen a lightning hug when
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. j
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 1 did
get up there.
Q. What did you do there?—A. I
called up the i>olice after I tried to
get Mr, Frank, who I was trying to
get when the police came
Tried to Call Frank.
Q. A\ hen was the last time y*ou
punched the clock?—A. At 3 o’clock,
Just before 1 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 trv to get
Frank?—A. About eight minutes.
Q. How many times?—A. One time.
Q. Did it take long to get the po
lice ? A. No, they answered as soon
as I called.
Q. What time did you see him the
next day' ?—A. I don’t know just what
time.
Q. Where were you?—A. At the fac
tory.
Frank Said Nothing.
Q. What did Mr. Frank say?—A. He
didn’t say nothing, just hung his head.
Q. Was there an examination of
the clock?—A. Yes. sir.
Q. Who examined It?—A. Mr.
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.
day was my shortest day, but I agreed
to come back early.
Q. W’hat was Mr. Frank’s manner
when you came in that Saturday aft
ernoon?—A. Well, I never noticed his
face, but he was robbing his hands
like he was worried.
Rosser Takes Witness.
At this point ihe 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 so
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 had 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?—
E. A. STEPHENS.
punches every half hour from <
o’clock.
O rqfi you se«' a pencil i:i tl*-.
clock?—A. Yes, I put it there the scc-
dumia.t 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 1 showed them the body.
Q. When did you see Frank again
after that?—A. We. went to the sta
tion in the same automobile.
' r»Li vou in nversation
with him the next Thursday night?—
A. I don’t know what nignt it was,
but they took me out of my cell and
said they were going to let me and
Mr. F rank have it out. ‘t hey na*iu-
cuffed me to a chair before he came.
When he came, I told - m it was
mighty hard to be handcuffed to a
chair about something I didn’t know
anything about. He said: “What’s the
difference.” “Well,” I s a'd, “Mr.
Frank. I don’t know nothing about it,
except finding the body.” “Yes,” he
said, “if you keep that up, we both
will go to hell.”
Q. What did you say then?—A. The
police came in then.
Q. Were you willing to come back
to the factory that Saturday at 4
o’clock?—A. I told Mr. Frank Satur-
A, No, I got my keys and went away
until 5.
Tells How He Called Frank.
Q. Your sleep was broken at 12
o’clock every Saturday except this
one, was it not?—A. Yes.
Q. The first Saturday you were
there what was Mr. Frank doing?—
A. I don’t know. I would have hol
lered to him. but he saw me - and
checked me in.
Q. How many times did you holler
at him?—A. Three, Saturdays.
Q. What did you holler?—A. All
right, Mr. Frank.
Q. What would he say?—A. He
would just come out of the office.
Q. How far away?—A. About fifteen
or sixteen feet.
Q. No closer than that?—A. It
might have been a little closer.
Q. Isn’t it true you told the Coroner
that he had his head bound and was
j rubbing his hands?—A. I did.
Compares Former Testimony.
Q. Let’s see if that Is 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 wa*.
but they never asked me where it
was. ,
Q. If the front door was locked,
could you get into the basement from
the flrK floor?—A. Yes.
Q. If the office door was locked,
could you get Into the basement with
out using the elevator? —A. No, sir.
Q. When you came back the last
time, if Mr. Frank was in his office,
could any one have gone anywhere
m the factory without Air. 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, I did.
! g. 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
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10:15 p. m. Coach train.
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r>E$ I rt LJI ITUCC Opposite Third National Bank
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■MH
little while to look after the fires.
Q. Mr. Frank thought you went
there every half hour?
W hen Lee did not answer, Solicitor
Dorsey interrupted, saying that he did
not want the negro committed by si
lence.
Lawyer* 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.”
”1 will make him answer,” said So
licitor Dorsey, “when I get him.”
“Yes,” said Mr. Rosser, “I know you
will. Probably you can get him to
answer better than I can.”
"1 want the truth,” rejoined Solic
itor Dorsey.
“Yes, we all do in our partisan way,'
replied Rosser.
Q. You watched Gantt get away and
you knew Mr. Frank was uneasy
about him being there?—A. Yes, sir.
Q. They had had a difficulty, hadn’t
they?—A. Mr. Frank told me he had
discharged Mr. Gantt and he didn’t
want him around.
Q. That is why you thought Mr.
Frank wa sfrightened when you met
him?—A. Yes, sir.
g. Gantt is a big fellow, isn’t he?—
A. Yes, about 7 feet.
Q. You went over the building every
half hour and into the basement a
few feet* from the ladder?—A. Yes.
sir, except in the basement. I went
there every hour.
Q. If you wanted to find whether
the door at the rear was closed, you
would have passed the body?—A. It
was shut when 1 found the body.
Q. Did the police find it open?—
A. They said they did.
Solicitor Dorsey objected to the
form of Mr. Rosser’s questions and
was sustained.
Q. The police got there in about
eight minutes?—A. I don’t know. I
said all the time I didn’t know how
long it took them.
Light in Alley, He Say*.
Q. You didn’t get any closer to the
basement door than the body was?—
A. No, sir.
Q. Could you have seen out of the
back door?—A. Yes, if it was open.
Q. Are you positive about the door
being closed?—A. Yes. There was a
light in the alley and I could have
seen if the door had been open.
Q. Are you positive about the door
being closed?—A. Yes; there was a
light In the alley and I could have
seen it if the door had been open.
Q. Did you go as far as the body
before you found it that night?—
A. Not until 3 o’clock, when I found
the body.
Q. Why didn’t you see the hat and
shoes as you went along?—A. I don’t
know. I just didn’t see them.
Court was then adjourned at 5:12
with Newt Lee still on the witness
stand. He will be placed on the
stand again when court opens at 9
o’clock Tuesday morning.
Leo M. Frank was back in the
county jail twenty minutes after the
conclusion of the first day’s hearing
in his trial. The calmness which had
characterized his appearance all day
was still with him and he smiled as
he said good-bye to the friends who
at ompanied him to the Tower in
company with Sheriff Mangum.
Newt Lee was returned to the
county jail a few minutes before
Frank. The negro has ben a model
prisoner and while kept under the
eyes of a special guard all day con
sideration was shown him in many
little things.
All the force of attorneys at the
table for the defense watched w'ith
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-
I ing the examination.
State Had Veniremen’s Records.
The thoroughness with which the
Solicitor and his assistants had can
vassed the history of every venire
man and had investigated whether
or not he had ever expressed an opin
ion on the guilt or innocence of the
accused was demonstrated when W.
W. Hemmett, a salesman for the
Kingsbury Shoe Company, was being
examined as to his qualifications.
“Have you ever said you thought
Frank was guilty?” Mr. Dorsey in
quired.
"No, I never have,” replied Hem
mett.
Here the Solicitor referred to some
notes at hand and proceeded to call
to Hammett’s recollection a certain
talk he had with acquaintances fit a
certain time. Hemmett w r as forced
to admit that he had talked of the
case at that time, but declared that
he had not expressed a definite opin
ion.
“I only said I would have to hear
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some evidence before 1 would believe
Frank was guilty,” he told Judge
Roan.
He was rejected for cause.
Defense Equally Alert.
The defense showed mat it was ex
actly as vigilant when the next ve
nireman was examined. As soon as
A. L. Bellingrath, of No. 91 MUledge
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
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 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 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 At
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 la^st 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. Hens'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. 2S1 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;
Continued on Page 5, Column 1.
SEMI-ANNUAL STATEMENT
For the six months ending June 30, 1913, of the condition of the
National Life Insurance Company of the 11. 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 $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 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 .Tub 1913.
E. H. SPURRIER,
- — - Notary Public.