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THE ATLANTA GEORGIAN ANT) NEWS.
FLASH LIGHT PHOTOGRAPH Ql
Elegy i
RTf
ROO)
A OF FRANK If
R AL
KEY: I- Solicitor Hugh M. Dorsey; 2—Chief of Detectives Newport Lanford; 3—Reuben R. Arnold, attorney for defense; 4—Luther Z. Rosser, attorney for defense; 5—Mrs. Leo M. Frank, wife of accused;
6—Leo M. Frank, on trial for murder; 7—Mrs. Frank, mother of accused; 8—Judge L. S. Roan, presiding. ,
F
IB GRILLING OF NEW! LEE
Continued From Pago 1.
examination and Rower in re-cross-
examination. Lee left the stand at
11:40 o’clock, after a total of four
hours and forty minutes’ grilling.
Sergeant L. S. Dobbs followed Lee
on the stand. He told the story of
finding the body and identified the
Phagan girl's clothes and the cord
that was used to strangle her.
Frank, hipface a mask, was brought
into the courtroom just before the
court was called to order by Deputy
Sheriff Plennie Miner.
After taking a. cool survey of the
courtroom, the factory superintendent
Conversed a moment with is counsel
and then centered his attention on the
night watchman. Frank took no notes
of the negro’s testimony, but he evi
dently was making a mental rec ord of
every word of It.
What he thought of the negro’s
statements could not be guessed from
his features. Whether the negro was
giving testimony which might be con
strued as favorable or as most dam
aging. there was not the shade of a
change in the expression of the young
factory superintendent.
He only took his eyes from the
witness to speak a word to his wife
©r to answer an occasional question
whispered to him by one of his coun
sel. He was brought to the court
house from the Tower at 7:46 by
Sheriff Mangum and Deputy Sheriff
Miner. He was dressed in a blue mo
hair suit with a striped effect, and
wore a fancy gray tie.
Eats Light Breakfast.
His breakfast was brought to him
at the courthouse by a relative, and
consisted only of two slices of toast
and a bottle of milk.
*'I am well pleased with the prog
ress of the trial to this point, he
said in his Conversation with Essen-
bach. "Nothing has been developed
which has not already been well
known to the public and attorneys
and which will be explained in the
light of the defense's case.
"I am feeling well and confident.
Nothing has taken place to disturb
me in the least. I hope that the trial
will move as rapidly toward its con
clusion as the first day's session gave
promise I have nothing to conceal
and nothing to fear.”
Grilling of L.ee Resumed.
The cross-examination of Lee was
resumed as soon as court opened.
Q. How far were you frorq the body
when you first saw it?—A. About ten
feet.
Q. Could you see to either side’.’—
A. No. I stood up, pick'd up lantern
and went toward the dust pan.
Q. Why didn’t you go to the pa.i
earlier In night?—A. I Juat happened
to take a notion to go this time.
Q. When you were in closet, which
way did you look?—A. Toward the
wall.
Q. What do you call the right?—A.
This (Indicating right hand).
Q Well, the dust pan was on your
right, wasn’t It?—A. Not exactly.
Q. Where you were sitting, you
had to walk quite a distance to see
whether there was any fire In the dust
pan, didn’t you? A. Yes, air.
Q. How far did you walk?—A. A
little plece helow the light.
Q. Tell me exactly how far it was?
—A. About as far as that man there.
(About 26 feet.)
Q. You only went to ^the dustpan
once that night?—A. Mr. Frank told
me not to go near it with the lan
tern.
Show* How Ho Hold Light.
Q. How close did you go to the
body?—A. That wall there.
Q. How far is that?—A. About six
feet.
Q. How did you hold the lantern
to see It?—A. Like this. (Holding
hand over heAd.)
Q. What did you see first?—A. The
feet.
Q. How far was the body from the
closet?—A. I don’t know,
Q. Was it two feet, ten feet or
twenty feet?—A. I don’t know.
Q. Was it fifty feet, forty feet or
thirty feet?—A. Somewhere about
thirty feet, maybe not that much.
Q. How long did you look at the
body?—A. I looked to see whether it
was a natural body.
Q You didn’t linger?
At this question Lee arose **nd
pointed his finger at Rosser. "Just
as soon as 1 saw what it was I want*
to tell you 1 lit a rag.’’
Saw It Was Whit® Girl.
Q. You saw it was a white woman?
—A. There were one or two white
spots on the face and her hair was
frizzled.
Q. How long did it take the police
to find she was a white girl?—A. I
don’t know; they arrested me.
Q. What did they say?—A. One of
them said this girl has been dead
three or four days.
Q. When you came up did you go
back down in the cellar?-—A. I don’t
remember.
Q. Did you notice whether the door
was open when you went back?—A.
No. sir.
Q. Did you tell the police It was a
white giri or a white woman?—A. I
think I told them it was a white
woman.
Q. She was lying on her hack, with
her face up?—A. Yes. sir; she was
lying on her side with her face up,
with blood on her head.
Q. Which side was the blood on?—
A. It was on the right side. It was
dry.
Q. Are you sure It was the right
side?—A. No, sir; her left sine was
turned up to me.
Grill Grows More Se\
Q. You swear she was on her back?
—A. Yes, sir; her face was turned up
kind of to one aide.
Q. When you went up to the office
the first time, did Mr. Frank close his
office door?—A. I don’t know. 1
couldn't see his office.
Q. I mean the outside door?—-A. It
was open.
Mr. Rosser then read Lee’s testi
mony about the time slip before the
Coroner’s Jury.
Q. You helped him put the page in,
didn't you, Newt? This is right, isn’t
it?—A. Read that again.
Mr. Rosser read It.
A. No. str; you got me wrong. He
didn’t come out of his office.
Q. You said yesterday that Mr.
Frank Jumped back when he met Mr.
Gantt?—A. Yes, sir.
Dorsey Objects to Methods.
Mr. Rosser read Lee’s testimony be
fore the Coroner’s jury, which jlaid
nothing about Frank jumping back.
I,ee—‘'Well, they got that wrong."
Q. That was a bad stenographer
down there, wasn’t he?
Solicitor Dorsey here objected to
this method of questioning the wit
ness. He declared the negro should
fir*i be questioned and then an effort
to impeach him made.
To this Mr. Rosser replied: "Of
course, this gentleman on account of
his age is .entitled to lecture me!"
"1 am addressing his honor," , re
torted Dorsey.
"Are you through?*’ asked Rosser
of Dorsey.
*1 have stated my objection," said
Dorsey.
"He misunderstood what I am try
ing to show,” said Rosser.
Court Sustains Dorsey.
"This witness can’t tell what his
opinion is." said Judge Roan, for the
first time speaking. He can tell
what he swore to before the Coro
ner’s jury.”
Following this ruling the cross-ex
amination was resumed.
Rosser read from the stenographic
report of the Coroner’s inquest:
"Mr. Frank jumped when he met
Mr. Gantt and I taken it this way.”
Here Solicitor Dorsey interrupted:
”1 object to what he taken,” the
Solicitor said.
Judge Roan ruled that no opinion
of a witness was admissible.
Assistant Prosecutor Hooper then
asked that Mr. Rosser state what
Coroner's inquest he was referring to.
Attorneys in Clash.
*‘I am always glad to accommodate
these men whenever I can,” said Ros
ser.
"You have got to accommodate me,"
retorted Hooper.
"No, I haven't. The man never was
born whom I have got to accommo
date.’’
Judge Roan ruled that Mr. Rosser
must state what Coroner’s jury he
was referring to, as there were two,
one In April and one in May.
Rosser resumed his questioning.
Q, I asked you if you were before
the Coroner’s jury at the police sta
tion?—A. Yes, air.
State's Objection Overruled.
Q. Did you the first time say any
thing about Mr. Frank jumping hack
when he met Mr. Gantt?
Dorsey again objected, and was
overruled.
A. Yes.'sir: I did.
Rosser read Lee’s testimony before
the Coroner’s first hearing, saying he
was going to ask him If that was all
he said. This testimony was to th?
effect that Frank looked as though he
was frightened. It did not mention,
however, that Frank jumped back
when he met Gantt.
Q. Is that all you said?—A. No, sir;
that wasn’t all I said.
Negro Answers Warily.
Q. Newt, I ask you if you didn’t
leap right out of there and run and
call the police when you saw that
body?—A. Just as soon as I saw what
it was.
Q. Didn’t you say this before the
Coroner’s jury: "I thought some dev
ilish hoys had put something there to
fool me. I got close enough to see it
was a body and leaped right away?”—
A. No. sir; I'll tell you what I said.
Mr. Rosser interrupted Lee.
Q. Mr. Frank told you if anything
serious happened, to call the police,
and if anything trivial, to call him?—
A. Yes.
Q. When Frank told you to go off
and have a good time, you lit right
out, didn’t you?—A. No, sir.
Q. Didn’t you say that after two or
three minutes you lit out?—A. Not
exactly that way.
Says He Doesn't Recall.
Q. You an id yesterday that when
Frank put on the lock tape that Sat
urday it took twice as long as it did
on the other times you saw him do it.
When they asked you how long it
took him to put it in before, did you
not tell them you did not pay much
attention to It?—A. I don’t recall.
Q. Why didn’t you tell the Coroner
It took twice as long the last time as it
did before?—A. I did tell them It too*<
longer.
Q. Who asked you?—A. He looked
like a blind man.
Q. Then all this record here is
wrong?—A. I can't help about those
records.
Q. You never told it until yester
day?—A. Yes; I told the Coroner it
took him longer.
Q. If you didn’t pay attention to
him the first time, how did you know
it took longer the second time?—A. 1
held the lever for him.
Q. You couldn’t say whether it took
him a minute the first time?—A. Yes.
it took over a minute.
Questioned About Notes,
Q. You could not *ay whether it
took under a minute or over a min
ute?—A. No.
Q. Who did you live with?—A. No
one.
Q. Who lived with you?—A. A wo
man. She just stayed there and
cooked for me.
Q. You and her lived together?—A.
No. she just cooked for me.
Q. Did you pay the rent for the
last one?—A. Yes.
Q. How about the first one?—A. I
Just paid board.
Q. Were you down in the basement
when the police found some notes?—
A. They said something about a book.
Q. They read you something about
the night watch doing it?
Dorsey here objected to anything
anybody else said.
Attorneys in Wr*ngle.
Rosser replied that his object was
to get to the truth and show what
Newt Lee tijd at the time, indicat
ing a ready interpretation of the
notes.
Mr. Arnold then addressed the
court.
He began an argument and Solici
tor Dorsey insisted that the Jury be
withdrawn.
"Of course, after he has discussed
the case, he wants the jury with
drawn at our statements," said Mr.
Rosser.
Defense Is Sustained.
"I understood Mr. Rosser to say he
would not introduce the contents,
and I understand this ruling excludes
the contents of one of the notes?"
asked Dorsey.
"No, I didn’t say we were not go
ing to present the contents of the
notes. I am going to introduce what
I please," answered Rosser.
Judge Roan as^in sustained the de
fense and ordet%l the jury brought
back. Attorney Rosser then resumed
his cross-examination.
Q. When you were in the basement,
didn’t one of the policemen read a
note which said something about a
long, tall, black negro?
"1 object," said Dorsey. "I under
stood his honor to rule that the at
torneys for the defense could not go
into the contents of the notes."
"Are w’e going on with this argu
ment before the jury, after we just
had them sent out?" asked Rosser.
"Let the question be put," said
Judge Roan.
Lee Denies Saying "That’s Me.”
Q. When he said "the night w’itch,"
didn't you say "Boss, that’s me?”—
A. No, sir; I said. "Boss, it looks like
they are trying to lay it on me."
Q. No, I w’ant yes or no from this—
"The tall, black, long negro?*
Here Dorsey interrupted with an
objection.
"Now where did Lee swear that."
he asked. "A section of the Code says
that you can’t question a man like
that unless you first present some
certain evidence of the statement
having been made or written.”
At this. Attorney Rosser sat down
and Dorsey began questioning Lee
on the redirect examination.
Q. You said something about some
body trying to put it off on you?—A.
Y’es, sir.
Q. Did you know’ Jim Conley? A.
I never saw him until that time last
week.
Q. Have you talked to anybody
about this?—A. Yes.
Q. Did you ever talk to this man
(indicating Arnold)?—A. Yes. he w f as
over to the jail after you were.
Lee Quizzed on Diagram.
Q. The first time Frank put that
tape on the clock, did he say any
thing?—A. No.
Q. Did he say anything -the second
time?—A, He made a remark about
Its taking longer.
Q. What was the reason he changed
the tape?—A. It had been used.
Q. Was it as dark in the basement
at night as it w f as in the daytime?—
A. Mighty near.
Solicitor Dorsey started over the
diagram drawn by Bert Green, Geor
gian staff artist, of the National Pen
cil Factory, and proceeded to ask Lee
a question and pointed at the dia
gram.
"I object to that picture," said At
torney Arnold. "It is nothing but
Mr. Dorsey's theory of the case. He’s
got all kinds of marks here."
"He’s not asking about anything
but the physical appearance of the
building.” replied Judge Roan.
The crowd gathered early in front
of the courthouse Tuesday morning.
By 9 o’clock both sides of South
Pryor street near its junction with
Hunter w r ere filled with people drawn
by curiosity and the hope that they
might have the good fortune to get
admission to the small courtroom.
Taking a lesson from the first day,
many of Frank's relatives avoided the
stares of the throng by entering
through a side door.
Secrecy was preserved as to the
State’s plans concerning Jim Conley,
and for a time there were rumors that
the negro, whose affidavits have be.-n
the most sensational feature of the
case, might not be called at all. His
name was not on the witness list, but
Solicitor Dorsey said the omission j
was an error.
It was said the sweeper might fol
low immediately after Newt Lee, but
Mr. Dorsey refused to give any spe
cific information as to his plans. At
police headquarters no word had bean
received to prepare to bring ConDy
to court.
PEACE HOPE RESTS
II
Old Marshal to Give
Successor Pointers
Howard Thompson is expected to
arrive in Atlanta from Gainesville to
day to confer with Walter Johnson
iegarding the transfer of the office of
United States marshal, to which Mr.
Thompson has been appointed. Two
conferences have been held by them
since Mr. Thompson’s appointment
was confirmed, and it is expected the
formal transfer of the office will take
place Friday.
While of different political faiths
Messrs. Thompson and Johnson have
been life-long friends, which adds a
unique touch to the transfer of the
office, which Mr. Johnson has held for
sixteen years.
Space in Demand at
Local Goods Exhibit
Space for the manufacturers’ exhibit
In the Chamber of Commerce build
lng is being rapidly taken up. At a
meeting of the Manufacturers’ Exhibit
Association Monday afternoon Bolling
H. Jones, of the Atlanta Stove Works,
asked that half of the top floo;* be re
served for the manufacturers of kitch
enware and household furniture. This
was granted.
The remaining space will he allotted
to manufacturers in other lines and an
effort made to close up aJl leases next
week.
IT QUENCHES THIRST.
Hor*f«nTs Acid Ph»«fh»t*.
T^asoonful in glass of water, sweetened to suit,
far more delicious and refreshing than lemonade.
Adi.
Continued From Page 1.
against which the American people
have fought and won the progressive
battles of our netv democracy.
So says Escudero. Madero had trie
heart, but not the opportunity ,to put
these reforms in order. He was halt-
ed by crowding revolutions within a
w r eek of his inauguration, and was as
sassinated by Huerta before he could
serve the people,
"Carranza," says Escudero, "has
all the loyalty of Madero, but great
er strength. He is not an idealist like
Madero nor a dreamer. He is a
strong practical man, intensely earn
est and very strong, a man of enor
mous physical build and of tremen
dously impressive person and person
ality. He will not make the mistakes
that Madero made through over-
trustfulness or optimism. Eighty per
cent of the real people of Mexico are
for him, and if he is put on equal
terms with Huerta in the matter of
getting arms and munitions *he will
win beyond a doubt wdthin sixty
days.”
Carranza’s Policy.
I asked Escudero this vital ques
tion, "If Carranza should win and be
come dictator in Mexico, what guar
antee Would the American people and
other peoples have that we would not
have another revolution betore L).-
cember?”
Escudero said Carranza’s plans are
clear upon that point. He would dis-*
bands the army of Huerta, which blue
been the basis of previous revela
tions. He would as rapidly as po£-
siole change the Huerta Congress add
the Huerta Supreme Court, who have
been the.agencies of revolution. lie
wopld put into execution as dictator
the reforms for which the people of
Mexico are waiting at the earliest
possible* moment.
And then, with the vindictive spirit
of the Mexican mingled with the
policy of the statesman, Escudero
said with a srleam in his eye: “We
would’ eradicate the Huertaists and
their conspirators by banishment,
confiscation and perhaps imprison
ment!”
Carranza wo.uld not wait for the
slow processes of legislative reforms,
but as dictator would admit the peo
ple as far possible to a chance at
the lands of the Government upon
easy terms and would thereby estab
lish such a hold upon the sympathies
of ’the people that no revolution could
be established again.
This, in brief, is Escudero’s plan,
and as Escudero is Carranza, it is» a
forecast what Carranza means to do.
Burglars Make Two
Attempts to Break
Into Home of Juror
Two negro burglars made two at
tempts Monday night to enter the
home of F. V. L. Smith, No. 481
Cherokee avenue, one of the jurors in
the Frank trial. They were fright
ened away by Mrs. Smith, who was
alone in the house with her 4-week-
old child.
Mrs. Smith saw the negroes on the
porch the first time and succeeded in
frightening them away by making a
noise in the house. She had hardly
taken her seat, however, when the
would-be burglars returned. Mrs.
Smith calmly walked to the phone
and telephoned the police.
When Officers Shumate and Coch
ran, who answered the call, arrived
five minutes later, the burglars were
gone. ' •
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