Below is the OCR text representation for this newspapers page.

-6?' ' ' v'\ ■ ' .-W. •• V h| 1MHI WSS8& 'Wa/zfflCAL kook 'chqvinn's kook g zmA^G/JELS MAKE a«s SO/WH. ' ®KIK roiLzr. @ cor. <*• Nmsjfjrr dad. ®tqill jmr i££ c^ov^j ponr'jfeM,. <g> GIEL’S K. wfkkcii m/jVG wrr zxm ®jzjZ4ror N DfAGWf of PIfAGAN MVTOE. - VLNATXL DUIIPING Key fo DIAGRAM- mmmm^mmmm (CLACK DOTTID XJNL) CjtLc*/* r CotLrvm Troian. Jy /A* AccusaJ _ ckcl Dorrco jjnd ji/iM/jr Cam*?* AtAan. Vccki*/ /i 2ui/. lOjufyr Tot-TmA an. AT/ive K/oos ) ... (GjeiLM dottidl/nd Jju/tcsfeT J7ie*S'u/*c.mcjt^S' Si CJ&DS*Si*$ J*J$ cv/c. jmAas (j/j*/ jt«r / on jtjfaor AtJld? /OUJII? fc/t- AwLOWUl/ CLOOD. ®fKANKS DCSK ®S2iUVZ? «A. NCSAS MCJ& KCV7SD. ®cox wmeff cgnta/ncd iTcVAroje svzrcr. ®uvArorr. jeook: ®rosr t*Aar* ®wkcks JftTNG. &FT JfLK vmrsKZKG cares evesxr , MATY AHA GAN WORKING CLOTJfLS. SRfTf/ /V MJtZr' , 7f zxtxrsr Jr XZr G&S&r. Jamsfs rlVru,** G*arxit« * -ten * x: r jr. MfrwrXA 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, IT QUENCHES THIRST. Horsford’s Aold Phosphate. Teasoonful In glass of water, sweetened to suit, far more delicious and refreshing than lemonade. AdT. NUXCARA FOR THE STOMACH Nuxcara is a pure vegetable preparation which acts directly on the stomach and bowels, re storing them to their natural and healthy condition. There is no better remedy for -stomach trou ble. Read this 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 1 began to take Nuxcara. I now weigh 186 pounds.” $1 a Bottle EDMONDSON DRUG CO., Special Atlanta Agents. 11 N. Broad St„ 106 N. Pryor St. DIAGRAM USED BY DORSEY TO ILLUSTRATE STATE’S THEORY