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I
PRISONER AND WIFE
SNAPPED IN COURT
FOR THE GEORGIAN
Mincey Adheres to
Published Statement
W. H. Mincey. the school teacher,
who says that Jim Conley, the negro j
sweeper at the National Pencil Com
pany, confessed to him that he had
killed a. girl, declared Tuesday that
he had conferred with attorneys for
Leo Frank, and that he was ready to
make his statement from the witness
stand.
Mincey said hia statement would
he identical with the one recently
published in The Georgian. He claims
to have met Conley on the Saturday
afternoon on which Mary Phagan was
killed. He said that Conley was
drunk and that Conley threatened to
kill him. saying that he had already
killed a girl that afternoon.
Mincey came to Atlanta from Ring-
gold Monday afternoon. He is ac
companied by H. E. Neal, an attorney
of Ringgold.
Tragedy, Ages Old, Lurks in
Commonplace Court Setting
l Outwardly ( t )uiet and Singularly Larking in Ex-
ritemiMit, Frank Trial Is Enactment
of Grim Drama.
By JAMES B. NEVIN.
One of the most commonplace
livings Vi the world—crime—is rivet
ing the attention of Atlanta and Geor
gia to-day.
('rime Is almost as commonplace as
death—and yet depth, in a thousand
ways, never is commonplace at all.
If I were a stranger In Atlanta and
should walk into the courthouse where
I I*eo Frank is being tried for the rnur-
I der of Mary Phagan. doubtless 1
should be utterly abounded to dls-
j cover what I had .walked ihto.
That pale-faced, slight, boyish-look.
! ing party over there—the one sitting
beside the nffcssive frame of Luther Z
Rosser and^ the well-groomed person
j of Reubon Arnold—1 should be shock-
! eri, I am sure, to learn that he stands
i charged with one of the blackest, most
| inhuman and most unspeakable
crimes in all Georgia’s somewhat long
Gradually I realize a tenseness
the atmosphere, perhaps—and there
may steal over me, as I grope mental
ly for something to fasten upon, a
feeling that, after all. tragedy is in the
air. and that its sinister shadow has
fallen athwart this courtroom, the
while I still recall that outside the
funshine is very bright, and is beam
ing upon the just and % the unjust, im
partially and alike.
One of the world's truly great phy
sicians says “death is never uninter
esting.” and that no really great phy
sician possibly can find it so.
He may become used to it. he may
grow to view the mere physical fact
of death itself as not a particularly
astounding phenomenon, but never
does he see in any one death the
same sequenced things he has ob
served in others.
It is much the same way with
crime, I think.
Murder is as old as the hills—as
old as laughter, love, and the hate of
hell—but it never loses its repugnant
appeal—and so, all Atlanta and all
Georgia to-day is watching the prog-__
ress of the Frank trial, because At
lanta and Georgia are made up of
human beings—that's all!
Few Women Present.
There are few women attending
the trial of Frank. If there were
thousands, however, one alone and
above all other would stand forth
and challenge the attention of the
spectators. I mean, of course, Frank’s
wife.
There isn’t anything the Jeast bit
“weepy” or downcast about, her.
She's a woman—the accused man’s
wife—but she plainly is a most ex
traordinary woman, nevertheless.
Whatever her thoughts, and what
ever she expects of this trial, she
gives no sign. She counsels freely
with her husband’s lawyers, but not
frequently. She leans over and
whispers something into Frank’s ear
now and then, but not often. She
smiles upon him, and occasionally
she runs her hand lightly along hiH
shoulder, and maybe her arm is
around his neck for the flitting frac
tion of a second, but if any of it is
for effect or the least spectacular or
theatrical, she is a consummate artist
and surpassingly adroit.
Somehow she gave me the impres
sion of the wife affectionate, but not
demonstrative, of the wife unafraid
but not obtrusive, of the wife deeply
concerned, but too proud to let it be
seen any more than it must be.
Perhaps there is a subtle motive in
her quiet and repressed movements
in the courtroom now and then—if
so, I can but admire the complete
perfectness of her methods and the
dramatic excellence of her role as
she enacts it.
Looking there at Leo Frank's wife
and then at Leo Frank, one uncon
sciously finds himself asking himself
this all-important question: What
could have been Frank’s motive when
he killed Mary Phagan. if it be pos
sible that he could have performed
that monstrous deed?
Far and away the most frequent
thing encountered in the unraveling
of murder cases is the eternal trian
gle—the man, the wife, and the other
woman!
That “other woman’’ may be an
angel, she may be a devil; she may
be a princess, she may be a pauper;
she may be an innocent child, she
may be a faded courtesan: she may
be a willing third party, and she may
be the most unwilling—but too often
she is there, in some aspect, when
murder has been done!
Could the motive behind the murder
of Mary Phagan have been an un
righteous infatuation upon the part
of Frank toward the dead girl—an
unholy infatuation repelled to the ex
tent of bringing about murder itself?
Was it that? And if it wasn’t that,
what was it ?
Unless there was malicious motive
and intent behind the slaying of Mary
Phagan, there has been no murder
done. The law says that malice is
as essential to murder as oxygen is to
the breath of life.
Frank? Of all the defendants I
ever saw arraigned. Leo Frank. I
think, looks the least the part of a
murderer!
Not that that means anything
whatever conclusively—but it is a
thought that must obtrude Itself upon
all who view him there in the court
house. battling In hi* own way for
his life and liberty.
Frank never could be made to look
the part of a hero, no more than he
can be made to look the part of a vil
lain—and yet he might be either, and
deceive his looks no more than hun
dreds have done before his time and
will do hereafter.
If someone should have told that
Frank is a bookworm, or a collector
of postage stamps, or a person with a
fad for pottering around in the garden
at early morn, it never should have
occurred to me to doubt it.
But Frank a murderer, a thing lost
to every sense of decency and right,
a traitor to his dearest and nearest, a
—well, I should have asked explana
tions and enlightenment as to detail!
And yet, if Frank be the thirffe
charged in that bill of indictment, ne
must be all of those sinister things
combined.
Is he? Frankly. I have no fixed
opinion, and I am of open mind.
The sweetest-tempered play-fellow
otherwise I ever had w’hen I was a
boy had a marked passion fo sneak
ing off by himself and robbing birds
nests, particularly when he young
birds were in the nests!
One Touch of the Dramatic.
There has been so far in the trial
of Leo Frank but or\e touch of the
genuinely dramatic—properly desig
nated melodramatic, perhaps-—and
that was when the clothing little
Mary Phagan wore when murdered
was exhibited to the jurv.
This, of course, was one of the
tricks of the trade, and it was in
dulged in entirely for the Jury’s bene
fit.
It is not unusual—the same thing
happens in all murder trials, and I
have wondered why it could happen
save for the doubtful effect of it de
sired.
To be sure, the sweet and innocent
cause of this trial—the pathetic vic
tim prerequisite to it—is. of all the
parties to it. save one. absent.
She may be there in spirit, com
forting and sustaining her grief-
ytrieken mother, bift her voice is not
heard, and never will or can be heard.
She is not in the courtroom, and the
one other extreme of the tragedy—
omitting the yet undetermined status
of Frank—is over yonder in the Tow
er—Conley.
In the grewsome exhibition of Mary
Phagan’s clothing, just as it was re
moved from her dead body, there w r as
a power of appeal hardly to be de
scribed in words. The youthful gar
ments spoke eloquently. If Inconclu
sively, of the deceased—the unoffend
ing. methodical, carefree little work
ing girl, so suddenly and so fright
fully thrust into public notice, never
to know what it all was about.
If within the person of Mary Pha
gan dwelt the awful propelling force
of motive that prompted Frank or
someone else to murder, her simple
clothing there in the courtroom sug
gested wonderfully clear the pathos of
it and the inhumanity.
And there must have been a mo
tive! What was it about Mary Pha
gan that gavg rise to it in the heart
and mind of—Frank?
The things that have happened so
far in the trial of Frank are relatively
inconsequential, as concerns the ver
dict.
Battle of Wits.
Two conclusions stand out unmis
takably—the trial is to be a battle of
legal wits, and ii is to rage most
fiercely about the negro Jim Conley—
the big. black and all-meaning factor
yet held Jealously in the background.
Mr. Dorsey, the Solicitor General,
evidently feels the strain of his posi
tion. He is plainly nervou# at. times,
and unmistakably irritable now and
then He snaps his points to the
court, and sometimes borders almost
upon the rough and querelous in his .
language. * I
Undoubtedly Mr. Rosser disconcert*
and irritates the Solicitor continu
ously. At timen Mr. - Dorsey’s objec
tions have seemed more like com
plaints—and when Mr. Rosser turrts
his massive head around and stage-
whispers additional words not to Dor
sey's liking, he resents it in every
sentence and gesture he offers by' way
of comment or reply.
Reuben Arnold has had little to say
so far. but he is forever whispering
something into Rosser’s ear—Rosser
frowning like a thundercloud the
while he listens.
Mr. Rosser is fighting his way along
cautiously and carefully. He seemed
upon the point almost of browbeating
Newt Lee more than once, as that
darky's examination proceeded, but
generally he quit just short of actual
performance.
Lee, too, was unconsciously out
spoken in his resentment of the Ros
ser treatment, and more than once
scored well and powerful in reply to
Mr. Rosser's queKions—particularly
when couching his replies in quaint
and curious negro illustrations and
phrases.
If at times Lee became more or less
confused and contradictory, he proved
in the main to be something of a Tar
tar under cross-examination, and
while his testimony as a whole could
not amount to much as an isolated
proposition and is valuable only as
one link in a long chain yet to be
forged about Frank, it nevertheless
went to the Jury in pretty good shape,
and will be hard to discount, what
ever it may be worth.
Vlooper Singularly Calm.
But if Dorsey is agitated and irri
table. and if Rosser is Imposing and
pugnacious, and if Arnold is keyed to
a high pitch ^nd continuously-
prompting bis associate counsel, the
other big figure among the attorneys.
Frank Hooper, is as calm as a May
morning, smiling, dispassionate and
altogether at his ease.
Hooper looks as if he had just step
ped out of a cold-storage bandbox.
Handsome, as he certainly' is, if
not of particularly commanding pres
ence, and well dressed, he moves
about with all the unconscious grace
and ease of a—panther?
Hardly that, and yet—Frank Hoop
er may loom larger than any attor
ney in this rase before the final word
is written in respect of it.
There is no doubt that the trial is
to be long drawn out. Every inch is
being disputed pro and con, and ev
ery possible point is being raised to
keep the case strictly within its legal
bounds.
The Jury apparently is much above
the average—it was plain enough all
along that the defense was seeking a
jury of high intelligence, and a city
jury, moreover.
I* think the jury trying Leo Frank
may be expected to record the truth
of the trial—it appears to be com
posed of level-headed, clean cut, sen
sible men, as it sttould be, if it Is to
give a fair play to all parties con
cerned.
The climax of the fight, of course,
will be entirely withrtn Jim Conley.
The State will make every possible
effort to sustain him, and the de
fense will make every possible effort
to break him down.
Luther Rosser will exhaust his re
markable resourcefulness in this
mighty effort, aided and abetted to
the very limit by the subtle and in
cisive art of Reuben Arnold.
Frank Hooper will strive as he nev
er before has striven to hold Conley
together—and Hugh Dorsey will back
him with all the experience of his
career at the criminal bat.
A happy and reassuring circum
stance is that over and above all
these contending forces sits Judgp
Roan—unrufTled. unafraid, of un
blemished and unquestioned Integ
rity, upright and just—to hold all the
stormy elements eventually in order
and within the rules of the law.
The real trial of Leo Frank hardly
yet has begun!
Kills His Sister by
Mistake for Burglar
ELBERTON. July 29.—Mack Guest
shot and instantly killed his 17-year-
old sister last night, mistaking .her for
a burglar. She was visiting from the
country. (
Guest told his sister to leave a win
dow open when she retired. About
10:30 o’clock Miss Guest decided to
close the window. Mrs. Guest awoke,
telling her husoand someone was
breaking into his sister’s room. Guest
secured a shotgun and shot his sister
in the back. No arrest has been made.
Guest is prostrated.
Bees Usurp Bed and
Couple Can’t Sleep
BUCK GROVE, IOWA, July 29 —
A swarm of bees does not form a*
easy as a resting place as a feather
bed, as Mr. and Mrs. Nels Wlngrove
discovered. Going to bed In an up
stairs room in the dark, as was their
custom, they -heard the buzzing of
bees. It was discovered that a swarm
of bees had settled in their bed.
n
without Frank knowing anything
about it.
The negro also related to Rosser
that Frank had told him J. M. Ganr:,
who came there at 6 o'clock Saturday
night after his shoes, was a dis
charged employee and that he must
not be permitted to enter the build
ing.
Solicitor Dorsev. In questioning the
negro earlier in the day, had empha
sized Frank’s appearance of fright
w'hen he came crut of'the factory and
unexpectedly ran into Gantt, who was
standing outside trying to persuade
I^ee to let him into the factory to get
the shoes.
"Then, your first thought at that
time was that Frank was afraid of
Gantt on account of the difficulty th^v
had had?” inquired Rosser.
“Tea. sah." admitted the negro
“How big a man is Gantt?” con
tinued the attorney.
"1 re; a )con ha must be about seven
feet tall.” Le- replied
Attorney Rosser brought out the
peculiar circumstance that the back
door of the factory basement was
closed when Lee found the body of
Mary Phagan. but that the officers
declared the door was open when they
came eight or ten minutes later. This
cross-examination by Rosser took
place:
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 I found the body.
Police Found Door Open.
Q. Did the police find it open?—A.
They said they did
Solicitor Dorsey objected to the
form of Mr. Rower's questions and
was sustained.
Q. The police got there in about
eight minute^?—A. I don’t know. I
said all the time I didn’t know how
long it took them.
Q. You didn't get any closer to the
baaement door than the body was?—
A. No. *ir.
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 'f the door had been open.
It was rumored Tuesday morning
that Jim Uonley would be called by
Solicitor Dorsey during the day to tell
hi3 story of helping Frank dispose of
the body. Conley was made ready for
the witness stand Monday, but was
not called.
Judge Roan announced that a regu
lar recess hour from 12:30 until 2
o’clock woulc^ be set for the remainder
of the trial.
Resume of First Day.
Taking up the events from the mo
ment that Mary Phagan left her
home in Bell w ood Saturday noon,
April 26. until her mutilated* body
was found in the National Pencil
Factory early the next morning, the
prosecution began weaving the net
of evidence about Frank Monday,
using Newt Lee night watchman at
the pencil factory', as the most dam
aging witness against the young fac
tory superintendent.
By Mary Phagan’s mother, .Mrs. J.
W. Coleman, and George W. Epps,
who testified that he rode to town
with Mary the day she was mur
dered. Solicitor Dorsey brought the
little factory girl from her home to
the point at the viaduct on Forsyth
street where Epps said he left her
to get his newspapers to sell.
Lee testified to a succession of in
cidents which the prosecution evi
dently construed as strongly incrimi
nating against Frank,
That Frank came “bustin’ out of his
office” rubbing his hands nervously
when Lee appeared at the factory at
4 o’clock Saturday afternoon was
Lee’s first important statement. He
asserted that Frank always oefore
this had sat quietly in his office when
he reported for duty.
Said Frank Sent Him Away.
He said that Frank had sent him
away, although Lee .>*iid he would-
have preferred to stay in the factory/
and sleep. ■
Other circumstances which Solicitor
Dorsey brought out with great stress
were contained in tree's testimony
that Frank had tinkered a long time
with the time clock Saturday night,
twice as long as usual, and had ap
peared to be making some marks
upon it; that Lee had not missed a
punch during the night after Mary
Phagan entered the factory; that
Frank Sunday had told Lee that th.
time clock tape was “all right.” and
that Frank later had .‘-•aid there were
three misses.
I^ee continued his testimony against
Frank by saying that later in the day.
shortly after 6 o’clock. Frank burst
out of the factory and appeared
greatly frightened when he ran into
J. M. Gantt, a discharged employee,
who was asking Lee permission to
go into the factory to get two pairs
of shoes.
The negro said that Frank objected
to Gantt going into the factory and
told Gantt that he had seen the shoes
swept up some time before. Gantt
persisted in his request. I^ee testified,
and Frank, aTter hanging his head
for some time, consented with evident
reluctance. Lee said that Gantt found
both pairs. Le also said that Frank
never had telephoned him before in
the evening as he did the n'ght of
April 26
He declared that Frank asked noth
ing about Gantt when he called up.
and varied catalogue of crime.
Yet that is the truth—Leo Frank is
answering to the charge of the Grand
Jury, and he has pleaded not guilty.
(’rime and wrongdoing began, of
course, when Mother Eve. through no
motive other than curiosity, and with
out malice aforethought, either ex-
pr( Med nr implied, hit a small and
toothsome morsel from the first apple
Gain performed the first murder not
so very long afterward.
There were no newspapers in those
days, but a well-authenticated story
of those first infractions of the law
have come down to ,us—and to-dav
crime runs riot throughout aii the
•world!
Here in Atlanta, thousands of .years
after Cain committed the primary
murder in history. Leo Frank is an
swering to the charge of killing Mary
Phagan. some three months ago.
Frank Calm, Unagitated.
There sits the judge, and over yon
der the jury Pale of long confine
ment in jail, calm, unagitated, and
even smiling, sits Leo Frank, the de
fendant.
Beside him are his devoted wife and
his mother—his mother, who w'ould as
soon believe the stars had cersed to
move in their orbits as to believe—
even to suspect—that her hoy was
ever so remotely concerned in the
death of Mary Phagan.
Over on the other side, hoyrever, sit
the relatives of Mary Phagan—those
who are not under the rule and de
barred from the courtroom. They are
grim and unsmiling—they are invok
ing the law’s sternest displeasure upon
whoever it was that took the life of
their innocent little one!
Many and varied must be the emo
tions surging within the hearts and
souls of these people, notwithstanding
their outward poiae—but I, who am
theoretically a stranger in Atlanta’s
courtroom for the moment. Kill am
wondering what it all can be about.
By L. F. W OODRUFF.
him respecks? Ain’t he jest sot dere
in jail an’ not have to wuk?”
That’s the negro point of view and
that’s Newt Lee's. He has tastfed
all the popularity of a negro'about
to be hung and escaped the only
drawback to the final ceremony, the
actual hanging.
S«ng-fr#id Never Shaken.
v His sang-froid never left him even
during the cross-examination he un
derwent under the skillful questioning
of Luther Rosser.
He enjoyed every minute of the
experience.
He spoke in a dialect that Dock-
stader would pay thousands for and
he spoke with a directness and an
intelligence that showed that he had
either been thoroughly rehearsed or
that he was possessed of one of those
quick, In-seeing mind, so rarely found
among negroes of his type, but so
typical of the class.
Lee is beyond doubt “a white man’s
nigger.” He spread a feeling of kind
liness over a courtroom where bit
terness was supposed to prevail.
Judge, jurors, spectators, all seemed
in sympathy with him, and even Mr.
Rosser did not prod him in the merci
less manner that has made him one
of the most famous, one of the most
feared cross-examiners in the en
tire South.
Newt did not wish to let one sweet
moment of tys self-aggrandizement
slip. Once during the testimony he
was asked as to his faithfulness in
performing his duties as night watch
man.
"Light Jest Wux Shinin'."
He “swelled visibly,” as Sam Wel
ler remarked, before he answered.
“Folks say there never is been a nig
ger to punch that clock so prompt
as me.” and a stem objection from
Mr. Rosser kept him from going on
with his story of personal prowess,
though his lips struggled to speak
the forbidden words.
And his illustrations were apt. They
were not strained. They fitted like
a glove. He was asked to tell wheth
er a light was burning dimly or
brightly. Like a flash he replied:
“Has you ever seed a lightnin’
bug? Has you ever seed one whuV’s
jest been bit with a stick? Well, you
knows how his light shines. Hit jest
do shine. Well, dat was dat light.
Hit just wu* shinin’ and dat’s all.”
Racial horror of being alone in the
presence of the dead was also dis
played.
Lee was in a dramatic period of his
story. He had Just told of his grim
discovery in the cellar of the pencil
factory-
“What did you do when you saw
the girl?” Solicitor Dorsey's question
was spoken with rifle shot ring.
He “Went Right Back Up”
“I went right back up dat ladder,"
said Lee, as though he w'ere repeat
ing a confession of faith.
“How did you get up the ladder?"
asked the Solicitor.
“I dunno how I got up dar, but I
sho’ wux up dar. I sho’ wux,” the
negro replied fervently.
And on he went with his story,
practically each reply being greeted
by an outburst of laughter until a
bailiff had to threaten to Clear the
courtroom.
He came down from the stand,
smiling still, his glory gone, but real
izing that for days he was sure to
be a power on Decatur street, a per
son sought for socially! a man among
men. And as he descended the audi
ence smiled an applause as gracious
as bowing prima donnar or stentorian
tragedian ever received.
A page was ripped from a story of
Harris Dickson. “Old Reliable” was
paraded in the life in as somber a
setting as was ever conceived, and the
temper of the audience that is follow
ing the fortunes of Leo Frank through
his struggle for life and liberty was
revealed.
Some sinister things have been said
of the spirit of Atlanta in reference to
the trial of the pencil factory super
intendent as the slayer of Mary Pha
gan. It was whispered once that the
law would not be allowed to take its
course, but that those who believe
Frank guilty would take vengeance
as their own.
And, on the other hand, it has been
said in sotto voce that the purses of
Frank’s friends would be opened to
the last penny to see that he receives
a verdict of acquittal.
Laugh Gives Lie to Rumor.
But right at the start the whisper
ings were given the lie, just as hap
pens to most whisperings. A jury
was selected and sworn in record
time, and the story of a people torn
by factional feeling by the case was
crushed.
The first important witness looked
and spoke like “Old Reliable.” And
his hearers laughed.
People inflamed by a passion so
deadly that they are willing to defy
the law to obtain their vengeance do
not laugh when the issue is being
fought.
People who are willing to spend
their last dollar to see a man freed do
not giggle when a witness relates cir
cumstances which, the opposition
maintains, adds a strand to the corl
of hemp which it is striving to w-eave
about his neck.
Frank Getting Fair Trial.
Newt Lee, black, ignorant, corn
field ,pot-licker-fed darky, by the
homeliness of his words proved be
yond peradventure that Leo M. Frank
is getting a fair and impartial trial
as the law decrees, and that Atlanta
is willing to abide by the verdict
which the twelve men return when
the historic case shall have passed to
its final stage.
It took just such a character as
Newt Lee to bring to .light the true
nature of the people who are listening
to the trial, who are following the
legal battle step by step, whose in
terest in the case is lo intense that it
has kept the slaying of Mary Phagan
the big thing in the public mind for
three long months.
Fortune favored both sides when
the prosecution decided to place him
on the stand among the firs£. Wheth
er his story materially damaged
Frank or his cross-examination ma
terially aided the defense is of little
moment. The reception of his testi
mony indicated to each side just what
the public thought and enabled them
to know that the case will be tried in
the orderly manner which justice de
mands.
Newt Enjoys His Fame.
Let’s .have a look at Newt Lee.
There’s a lot to be learned from this
homely negro. When his name was
called and he entered the courtroom,
he had a joyful realization of his own
importance. His face showed he was
again enjoying the thrilling pleasure
of "cornin’ thru” or going on a “scus-
sion.”
He is typical of the type that Judge
Dickson so vividly depicts. His head
is flat as a ballroom floor. His big
frame is slightly bent, not from weak
ness, but from the natural laziness of
his type.
Sympathy that has been spent on
him for his months in jail, though ad
mittedly innocent of any crime, has
been spent in vain. Newt Lee has
been having the time of his life.
“Ain’t dat nigger had his picture
took and put in de white folks’ pa
pers? Don’t dem big lawyers pay
Lee’s Testimony Feature
of First Day of Trial
RESINOL STOPS
BABY'S ECZEMA
Relieves Itching Instantly and Soon
Clears Away All Eruption.
There would be fewer babies tor
tured and dlsbgured by eczema,
fewer mothers worn out by con
i’ stant worry and loss of sleep, and
fewer lives made miserable by skin
troubles that have persisted since
infancy, if every woman only knew
about Resinol Ointment and Resi-
nol Soap.
Simple baths with Resinol Soap
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Attorney Rosser began cross-ex
amination of Newt Lee at the point
he had reached when Judge Roan
ordered the adjournment Monday
night. Frank’s leading counsel had
not succeeded in his early question
ing to shawe the negro to any great
extent.
Lee, in fact, stuck with amusing
steadfastness to every statement he
had made previously and was in
clined to believe that the stenogra
pher at the Coroner’s inquest had not
been successful in getting all of his
testimony.
That he had been quoted as saying
that Frank on the afternoon of April
26 had told him to go away and have
“some fun” instead of “a good time”
was a serious and most vital error in
his opinion. „
"No, sah; I didn't say he told me
to go away and have some fun. I said
he told me to go away and have a
good time!” declared Lee. vehemently,
glaring at Attorney Rosser.
“I suppose the stenographer got it
wrong?” inquired Rosser, with good-
natured sarcasm.
Leys Error to Typist.
“I dunno who done it, but I suppose
it must have been the stenographer,”
replied Lee.
Rosser forced Lee to admit that
when he came there at 4 o’clock to
report to Frank the front door,, was
unlocked and that anyone might have
come in on the flr»* floor and gone
to the basement through the scuttle
hole near the elevator without Frank’s
knowledge. The double doors leading
to the second floor w'ere locked at this
time. Solicitor Dorsey had brought
this fact out as significant. They w$ro
never locked before when he went
there. Lee said.
Lee, under Rosser’s cross-exami
nation, also admitted that w’hen he
returned to the factory' at 0 o’clock hi
the evening the stairway doors lead
ing to the second floor were unlocked,
as well as the outside doors, and that
anyone might have come into the fac
tory and gone all over the building
Leo M. Frank
and Mrs. Frank
as they
appeared in
the courtroom
Monday.
Mrs. Frank
aided her
husband as he
defense's
jurymen, and
assisted in the
selection of
appeared to
gaze seomfully
at her
husband s
prosecutors.
Husband and
wife note
keenly every
move in
the trial.