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- ' • iii 7' 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. ' • NUXCARA FOR THE STOMACH Nuxcara is a pure vegetable preparation which acts directly on the stomach and bowels, re storing {hem to their natural and healthy condition. There is no better remedy for stomach trou ble. Read tbit* testimonial from the Hon. R. M. Harwell, ex-member Park Board, president of Smoke and Gas Commission and promi nent business man. We have scores of other testimonials from Atlanta citizens who have been cured by Nuxcara. TESTIMONIAL. "I sincerely recommend Nux cara to be the ideal remedy for depression after eating, nervous ness caused by fermentation of food forming gases and prevent ing the regular action of the stomach and bowels. Nuxcara acts directly upon the membranes of the digestive system and re stores them to a healthy condi tion. I weighed 130 pounds when I began to take Nuxcara. I now weigh 185 pounds.” $1 a Bottle Lamar-Rankin Drug Company Distributors. Edmondson Drug Company, Special Atlanta Agents. II N. Broad St. f 106 N. Pryor St. DINING CARS WITH A1A CARTE SERVICE TO CINCINNATI & LOUISVILLE