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► 2 "•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 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 of bilious ness and liver trouble where calo mel used to be taken. Dodsons 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 he en tirely satisfactory by all druggists who w’ill refund your money with a smile i? it does not give quick, gentle relief without any of calo mel’s unpleasant after-effects. 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 PAY MIE FOR CURES ONLY SEASHORE EXCURSION AUGUST 7. Jacksonville, Brunswick, St. Simon, Cumberland, At lantic Beach, $0.00—Limit ed 6 days. Tampa, Fla., $S —Limited 8 days. TWO SPECIAL TRAINS. 10 p. m. solid Pullman train. 10:15 p. m. Coach train. Make Reservations Now. SOUTHERN RAILWAY. E „ m jm 1 ~ r " ~ i ^ If you have town taking treatment for weeks and month* nnd gay- u, ** lug out your hard earned money without being cured, don’t you \ thnk It le high tlmo to accept DR. HUGHES' GRAND OFFER? \ You will certainly not be out ar.y more money If not cured. Corf A- \ tat Ion and Examination are Free for the next thirty day*. < ,* A If I de»ldt that your condition will not yield readily to mi’ treat- ^ irn-nt. I will be honut with you and tell you so. and not accept x money under a promts* of a cure. treatment will poiitlvoly mrt or I will make you no obaogo following dleoaees: KIDNEY, BLADDER AND URINARY ^ ^ TROUBLE, STRICTURE, VARICOCELE, HYDROCELE, NERVOUS DEBILITY, C XT \ RUPTURE, ULCERS AND SKIN DISEASES . CONTAGIOUS BLOOD POISON l Catarrhal A fleet ten*. Pile* and Fletuia and all Wervou*. Chronic and Private Disease* of Men and Women. • Newly contracted and chronic Cases of Burning. Itching and Inflammation stopped in -I hours. I am against high and extortiorate fees charged by some physicians ar.d specialist* My fee* are rca*. nable and no more rhan you arr willing to pay for a cure. ihe surest and boat of drugs, are eupplid from my own private laboratory. OIT-OF-TOWN MKN VISITING THE CITY, consult me at once upon arrival, and maybe you can be cured before returning bom*-. Many rase* can be cured In on* or two visits. CALL OR WRITE No detention from business Treatment aud advice confidential. Hour* 9 a in. to 7 p. m Sunday, 9 to 1. If you can't call, write and give me full description of your case fn your own words. A complete consultation coat* you nothing and if I can help you 1 will. r>E$ I rt LJI ITUCC Opposite Third National Bank awiwe J* rlUllfl 16 1-2 North Broad Street, Atlanta, Ga. ■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 Funeral Designs and Flowers FOR ALL OCCASIONS, Atlanta Floral Company, 455 EAST PAIR STREET. 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.