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/ ^ w I anssar DIAGRAM USED BY DORSEY TO ILLUSTRATE STATE’S THEORY •I HE AT LAMA GEORGIAN AND NEWS. DIAGWf oT PHAGAN MVPPLE. VLNAt>U OTDIN6 Key to DIAGRAM- JJWZ) Jr /£*• . e-re ►—— (DUCK DOTTID iUrtv/#r CocLrvr* TUesu Jj* Acc us+ Z ue&> DOJTID UNI) CavLrre A*A<zn. Jr Jcc-u«-*J /& fm/ (OjkJr JokJcA ojx. /2ff*co ^ZT.L (GFHN DOTTID J&&) Jnr/i cr/rr jc/vrS jners-ar^-mm/r- 0 CJEOS'SLS mAara Grs’/ Avr an Z*i//icn AScan *n<J ntZtLna /oujiJ ut- Drraxm.ane' dBfc Jru/i c^/rr IDLOOL x$ tranks disk. \&S2nvzr *i„. /sorts' JMZJZT SW7W. ®A2T WHICH CONTAINED IM-VATOR switch. ®LAv J 4roxr. ®mtrsmrG jecxw ®tost nrjier* CORDS' aw l HUNG. ® VTffTTT MAZY NHAGAN fftfT IfZR WORKING GTOTNLS. ®CmflCA7 NOON (§ ®LATM ^ GIRL S' HATH tfeTJ (12 QUINN'S' NOON TO/J/D. ®NIN^T WOMENS rourr. ^ cor. iwnsxirr did. ^ntoiltt. «*?* tgWT ITT BODK GIRLS' TLiT^T S'L/RPTR. ^TENC/L m/NG purr ZW ®NJRASOL ^NSAECZR ZZZfPTf /hr j/ixzr *c pajprzr «*. /tsxr gpsjw. jr*~-rK jv**/* <h<*ntra J^x^or y JZ- rsevKVS- J DEFENSE FAILS 10 OBTAIN Continued From Pag© 1. indicated that It was the Intention to prove that Newt Lee was con- * ned in the writing of the two mys- '•-^rlous notes found by the mutilated body of Mary Phagan Jurors Sent From Room. The Solicitor objected strongly to arguing before the Jury the admis sibility of this testimony of Lee's, and the jurors were excused while Arnold outlined the purpose of the defense. "We expect to show' that two notes were found by the body of Mary Phagan,” said 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 note* found In the basement of the National Pencil Factory were ▼ery obscure notes and the police were trying to read them In the pres ence of Lee. “They read this one: ‘He said he would love me, laid down, played like Cte« night-witch did it, but that long til black negro did it by his-self.’ Cites Lee's Explanation. I instant, Le© said, ‘That ‘ i night-witch means me.’” said Arnold. “It showed familiarity with the notes. This negro >ho is so dull that Mr. Rosser has to repeat his questions now and again interpreted thi mys terious note in a second and a half.” Here Dorsey interrupted. “Since Attorney Arnold has the note itself, there is no reason to ask 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 Lee,” Says Rosser. “We expect 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 meaning. In one of them we will show that the w-ording was something like this, so far as I can decipher It: ‘He said he would love me, laid down, played like the night-witch did it but that long, tall, black negro did it by his-self.’ "We want to show’,*’ continued Ar 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. Rosser 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 with 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. 1 **- Lee Makes Denial. Lee denied when questioned that he had said. “That’s me, Boss; that means night w'atchman." 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 Lee called the police station, testified before the Coroner’s Jury' in regard to Lee's ready explanation of the notes. Rosser ended hi** cross-examination of Lee At 10:50 a. in. Tuesday, altar. 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 he found the girl’s body, when all through the earlier part of the night he had 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 Lee’s testimony, “and yet at this time, when you say you found the girl’s body, you assert that it was 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 only 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 w'hen. as he testi fied, he got no nearer than five or six feet to the body, and w'hen the of ficers with electric searchlights were not able to determine whether the girl was w'hite 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 Rosaer and Dorsev. 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 Coroner’s Jury, was unable to force 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, w as brought Into the courtroom just before the court was called to order by Deputy Sheriff Plennte 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 w'atchman. Frank took no notes of the negro’s testimony, but he evi dently w'as 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 seL He was brought to the court house from the Tower at 7:45 by SherifT Mangum and Deputy Sheriff Miner. He w'as 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 tw'o slices of toast and a bottle of milk. “I am w'ell pleased with the prog ress of the trial to this point, he said In his conversation with Essen- bach. “Nothing has been developed w'hich 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 uee Resumed. The cross-examination of Lee was resumed as soon as court opened. Q. How far were 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 tow’ard the dust pan Q. Why didn’t you go to the pan earlier in night?—A. I just happened to take a notion to go this time. Q. When you were in closet, w’hich way did you look?—A. Toward the wall. Q. What do you call the right?—A. This (indicating right hand). % Wall f Hq /I,ict no n u’oc / Q. Well, the dust pan was on your or to answer an occasional question right, wasn’t it?—A. Not exactly. w hiaoered to him by one of his coun- U. 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.) Q. You only went to the dustpan 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. 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 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 of four days. Q. When you came up did you go baUt down in the cellar?—A. I don’t remember. Q. Did you notice whether the door Continued on Page 3, Column 2. IT QUENCHES THIRST. 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