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DEFENSE FAILS TO OBTAIN
Continued From Pago 1.
Arnold outlined the purpose of the
defence
•*We expect to show that two notes
were found by the body of Mary
Phagan,” aaid Arnold.
Solicitor Dorsey had just given Mr.
Arnold the two notes found in the
basement and Judge Roan ordered the
Jury to retire. Mr. Arnold said:
“The defense expects to show that
the two notes found in the basement
of the National Pencil Factory were
very obscure notes and the police
were trying to read them in the pres
ence of Lee.
“They read this one: *He said he
would Jove me. laid down, played like
the night-witch did it, but that long
tall black negTo did it by his-stlf.’
Cites Lee's Explanation.
“In an instant, Lee said, ‘That
night-witch means me.’ ” said Arnold.
what somebody else said about it."
Assistant Prosecutor Hooper here
joined in:
“Unless it was intended to try to
connect Lee with the crime, what
someone else said about the notes to
Lee is wholly Inadmissible. The
charge first must be made against
him."
"We don’t have to photograph a
criminal. We have got to begin
somewhere.” retorted Rosser.
Judge Roan sustained the defense,
saying that It might produce evidence
to show anxiety on the part of the
negro, or a lucid interpretation of the
notes.
“Suspicion on Le©,” Says Rosser.
“We oxpect to show that the notes
were obscure and doubtful in mean
ing. We expect to show that the of
ficers were endeavoring to read them.
But they were of doubtful and strange
««!♦ k . . ... . i meaning. In one of them we will
‘It showed familiarity with the notes.
_ 1 _ f j it ^ M I show that the wording was somethin?
negro who is so dull that Mr. j
has to repeat his questions
and again Interpreted thi mvs-
note in a second and a half.”
Here Dorsey interrupted.
“Since Attorney Arnold has the
there is no reason to ask
j ‘He said he would love me. laid down.
played like the night-witch did !t but
j that long, tall, black negro did it by
hls-self.’
j We want to show," continued Ar-
1 nold* “that Lee spoke up and said,
‘That’s me, boss. That means night
watchman.’
“Isn’t it strange that a negro so
Ignorant and dull that Mr. RosseT had
to ask him a question ten times over
could in a flash Interpret this illegible
scrawl?”
Rosser supplemented Arnold’s ar
gument by remarking that he regard
ed Lee’s alleged remarks as highly
suspicious, and that he considered he
had the right to question a witness
w|th a view of showing that a person
or persons other than the defendant
had a part in the crime.’
Judge Roan ruled with the defense,
and the jury was returned. The judge
declared:
“The attorneys for Frank are privi
leged to bring out evidence showing
anxiety or fear on the part of the
negro.”
Lee Makes Denial.
Lee denied when questioned that he
had said. “That's me. Boat*; that
means night watchman." He testified
that he told the officers that someone
was trying to put the crime on him.
Sergeant L. S. Dobbs, one of the
officers who visited the factory after
I>ee called the police station, testified
before the Coroner’s jury in regard to
Lee’s ready explanation of the notes.
Rosser ended his cross-examination
of Lee af 10:50 a. m. Tuesday, after
the negro had been on the grill two
hours Monday afternoon and nearly
as long Tuesday.
The efforts to discredit Lee’s story
began the moment Rosser got him on
the stand. He sought first to show
that it was a very peculiar circum
stance that Lee went clear to the rear
of the factory basement* where h«
found the girl’s body, when all
through the earlier part of the night
he hod gone only a short distance
from the foot of the ladder in the
front of the basement.
Calls Lee's Excuse Flimsy.
“Every time you went down into the
basement you went only about 25 feet
from the ladder to see if there was
fire In the dust pan,” said Rosser, re
peating Leo’s testimony, "and yet at
this time, when you pay you found
the girl’s body, you assert that it wa3
necessary to go clear to the rear to
ascertain the same fact?”
Lee replied that he had gone to the
rear of the basement for another pur
pose and Rosser attempted to show
that this was onV, r a flimsy excuse.
By his line of questioning Rosser
endeavored to ridicule the idea that
Lee could have Identified Mary Pha
gan as a white girl by the dim light
of his dirty lantern when, as he testi
fied, he got no nearer than five or six
feet to the body, and when the of
ficers with electric searchlights were
not able to determine whether the
girl was white or a negro because of
the grime and cinders on her body,
until they had pulled down her stock
ing.
Session Full of Clashes.
The session was full of spirited
clashes between Rosser and Dorsey.
It was a favorable forenoon for the
defense. Rosser almost invariably
being permitted to continue the line
of questioning which he was pur
suing.
Rosser, while he succeeded in
showing up discrepancies in Lee’s
present story with that before the
Coron*r'i intv woe imokio ♦ o fo»«o
the negro to any admissions incrim
inating in themselves.
Dorsey questioned Lee in redirect
examination and Rosser in recross-
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, his face a mask, was brought
Into the courtroom just before the
court was called to order by Deputy
Sheriff Plennie Miner.
After taking a coo! 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 note3
of the negro’s testimony, but he evi
dently was making a mental record 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
or 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 7:45 by
Sheriff Mangum and Deputy Sheriff
Miner. He was dressed in a blue mo
hair suit with a striped effect, and
W’ore a fancy gray tie.
Eats Light Breakfast.
His breakfast was brought to him
#t iha hv a relu.tivfci_ ajui
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 wdth 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 W’ell 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 i_ee Resumed.
The cross-examination of Lee was
resumed as soon as court opened.
Q. How far w’ere you from the body
when you first saw’ it?—A. About ten
feet.
Q. Could you see to either side?—
A. No. I stood up, picked up lantern
and went toward the dust pan.
Q. Why didn’t you go to the pa:i
earlier in night?—A. I just happened
to take a notion to go this time.
Q. When you were in closet, which
w’ay 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, sir.
Q. How far did you walk?—A. A
little piece below the light.
Q. Tell me exactly how far it was?
—A. About as far as that man there.
(About 25 feet.)
U. You only went to the dustjx u
once that night?—A. Mr. Frank told
me not to go near it with the lan
tern.
Shows How He Held 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. W T hat 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
tw’enty 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 and
pointed his finger at Rosser. “Just
as soon as I saw what it was I want
to tell you I 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 girl or a white woman?—A. I
think I told them it was a white
woman.
Q. She was Ivins, on. her back, with
her face up?—A. Yes, sir: she was
lying on her side with her face up,
Continued on Pag© 4, Column 4,
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DIAGRAM USED BY DORSEY TO ILLUSTRATE STATE’S THEORY