Newspaper Page Text
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KEY: 1—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.
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 was 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.
Solicitor Dorsey then had Newt Lee
point out the various parts of the
building shown on the diagram; Dor
sey used as a pointer Mary Phagan’s
parasol.
Q. Newt, say whether the body of
Mary Phagan was lying the same way
Continued on Page 5, Column 1.
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TALE OF Eli OF BODY
Continued From Page 2.
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 side was
turned up to me.
Grill Grows More Severe.
Q. You swear she was on l^er back?
—-A. Yes, sir; her face was turned up
kind of to one side.
Q. When you went up to the office
the first time, did Mr. Frank close his
office door?—A. I don’t know. I
couldn’t see his office.
Q. I mean the outside door?—A. It
wai 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. sir; 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 said
nothing about Frank Jumping back.
Lee—‘‘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
first be questioned and tnen 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!”
“I am addressing his honor,” re
torted Dorsey.
”Ar~ 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 j
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 1 taken it this way.”
Here Solicitor Dorsey interrupted:
“I 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 1 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. sir.
State's Objection Overruled.
Q. Did you the first time say any-
tning about Mr Frank jumping bac*t
when he met Mr. Gantt?
Dorsey again objected, and wa6
overruled.
A. Yes, sir; I did.
Rosser read Lee’s testimony before
the Coroner's firr.t hearing, saying he
was going to ask him if that wai all
he said This testimony was to th?
effect that Frank looked as though he
was frightened. It did rot mention,
however, that Frank jumped back
when he met Gantt.
Q. Is that all you said?—A. No, sir;
tha* 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 boys had put something there to
fool me. 1 got close enough to see it
was a body and leaped right away?”—
A. No, sir; I'll tell you what 1 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 mlnutfs you lit out?—A. Not
exactly that way.
Says He Doesn’t Recall.
Q. You said 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 U
did before?—A. I did tell them it toot
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,
U took over a minute.
Questioned About Notes.
Q You could not say 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 ip 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 Wrangle.
Rosser replied that his object was i
to get to the truth and show' whai
Newt Lee did at the time, indicat
ing a ready interpretation of the
notes.
Mr. Arnold then addressed the
cou rt.
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.
“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 w'ere not go
ing to present the .contents of the
notes. I am going to introduce- what
I please,” answered Rosser.
Judge Roan again sustained the de
fense and ordered the jury brought
hack. Attorney Rosser then resumed
his cross-examination.
Q. When you were in the basement,
didn’t one of the policemen read a
note w’hich 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 tl^e contents of the notes.”
“Are we going on w f ith 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’i Me.”
Q. When he said “the night witch,”
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 want yes or no from this—
“The tall, black, long negro?”
Here Dorsey interrupted with an
objection.
‘‘‘Now w r hfre 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.
Yes, sir.
Q. Did you know r Jim Conley? A.
I never saw him until that time last
week.
Q. Have you talked to anybody
about this?—A. Y$s.
Q. Did you ever talk to this man
(indicating Arnold)?—A. Yes. he was
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
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