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* 2 THE ATLANTA GEORGIAN AND NEWS DIAGRAM COURTROOM WITH FRANK TRIAL PROGRESS S F ■ ^ iwa HOME INCIDENT IS TOED Continued From Page 1. cated Wednesday morning that a sur prise would be sprung when J. M. Gantt, a discharged employee of the National Pencil Factory, took the stand. They would not divulge the nature of his expected testimony, but a rumor Is to the effect that Gantt will assert that he saw Conley and Frank talking together In Frank’s of fice at the time Conley stated In his affidavit that Frank was dictating the notes found beside the Phagan girl’s body. Gantt several days ago denied to Georgian reporters that he had seen Conley at all on the day of the crime, and declared that he did not intend to give testimony of this sort. Frank Laugha for First Time. During the testimony of Rogers, Frank laughed heartily for the first time since the trial began—in fact, it Rogers, Solicitor Dorsey insisted that never looked Into the face of the girl whom the State charges was his vic tim. That Frank still was nervous when taken to the factory. That he wit nessed Frank take the tape from the time clock and heard him remark that the punches wore correct. That he (Rogers), while Frank was in the of fice after a blank tape, examined the tape taken from the clock and saw that none of the punches had been missed. Mlncey, the star witness for the defense, was not In the witness room "Wednesday, nor was he there Tues day. The prosecution openly stated it did not expect Mincey to be intro duced as a witness. Attorney Arnold would not discuss Mincey’s absence, but declared that ho would be on hand at the proper time. Rosser in Dorsey’s Way. During the cross-examination of tv wa.1 the firBt display of any emotion that the defendant has made. Rogers was telling of his visit to the Frank residence at No. 68 East Georgia avenue when the Incident oc curred which aroused Frank’s laugh ter The ex-county officer said that De tective Black had suggested that a drink of wni&ky would do Frank good. Rogers catd that Mrs. Frank had said that her father. Mr. Selig, had suf fered an attack of acute indigestion and that there was no whisky left in the house. "He had had an attack of acute in digestion and drank up all the liquor.” repeated Attorney Rosser, humorous ly. "Well, I have those attacks occa sionally myself.” Defense Hints Attack Theory, Miss Grace Hicks, of No. 100 Mc Donough road, followed Rogers on the stand, and Solicitor Dorsey, after hav ing her tell of Identifying Mary Pha gan the morning after the murder, started at once on a line of question ing that indicated his theory that Mary Phagan was first attacked in or near the women’s toilet on the second floor of the factory. Attorney Rosser, on cross-examina tion, brought out that Frank seldom spoke to the girls and that she did not know that he was familiar with them. The most important points in the testimony of "Boots" Rogers in the re-direct examination were: That he heard Detective Starnes make no mention of what had hap pened at the factory when Starnes called Frank Sunday morning. That Frank, although the Interval between caHing him and the arrival of Rogers' car at Frank'* home was only five or six minutes, was dressed for the street, except for collar, tie, coat and hat. Says Frank Was Nervous. That Frank’s shirt had the appear ance of being freshly laundered. That Frank appeared nervous and asked of Detective John Black if any thing had happened at the factory, and if the night watchman had re ported anything to the police. That Frank’s words were Jumpy, that he continuously was rubbing hi» hands, and that he moved about | nervously. That the defendant, when he was taken to the undertaking room, avoid ed goiny into the room where the Phaaan girl's body lay. and that he UX TO D1AGWL Attorney Rosser stand from between him and the witness. Rosser’s huge frame occupied a small space bounded by the witness, the judge, Frank and his wife and mother and the prose cuting attorney. Mr. Arnold was also kept behind Mr. Rosser. These have been the relative posi tions during all of the cross-examina tions. When on his feet Mr. Rosser’s per son dominates the whole courtroom. He was ostentatious in the use of his hands and arms. He wore a thin black coat and gray trousers and a low collar without necktie. Tells Dorsey to Get Stick. "1 beg your pardon," he said in reply to Solicitor Dorsey's admoni tion. "Get a stick, Hugh, and keep me punched out of the way." For a period of several minutes during the cross-examination of Rog er^ Frank fixed his eyes on Solicitor Dorsey. They were strange eyes, al most expressionless. Dorsey glanced at him, then turned his gaze to the witness. Mrs. Frank, who the first day of th6 trial shot dagger-like glances at the Solicitor, seemed absorbed in the testimony, and took no more notice of Solicitor Dorsey than any of the other principals in the case. Factory Diagram Changed. Court opened Wednesday with a discussion of the admissibility of the diagram of the pencil factory drawn by Bert Green, a Georgian staff artist. The key to the diagram and all objectionable wording had been removed. Attorney Arnold still objected to the lines w r hich he claimed outlined the theory of the prosecution. “You don’t have to label a horse to see it is a horse," he said. Solicitor Dorsey cited legal au thority which he claimed entitled him to present the diagram as evi dence. Attorney Arnold said: “Those dotted lines have nothing to do with the building proper at all. it undertakes to show some thing that the building itself wouldn’t show'." Revised Chart Admitted. When Solicitor Dorsey started to continue his argument Judge Roan j interrupted and said: "Do you mean for the dotted lines to show the theory of the prosecu tion?" Yes, <%nswered Dorsey. "But. ’ continued the judge, "it is with the Jury as to whether you prove this to be the correct theory or not.” "Yes," said Dorsey. "On those grounds then I admit it as evidence," said Judge Roan. W. W. Rogers, the county police man, who was one of the first to visit the scene of the crime, was the first witness of the day called. Rogers on the Stand. The Jury was brought in after the picture was admitted. The men filed into their seats, showing for the first time some signs of the long hours of confine ment. "Call W. W. Rogers to the stand," said Solicitor Dorsey, announcing his first witness. The young man who took the po lice to the scene of the crime early that Sunday morning was sworn. Q. Where were you Saturday night, April 26?—A. At the station house. Q. Where were you at about 3 o’clock Sunday, morning?—A. I was still there. Q. Where did you go from there? —A. I took the police to the pencil factory, where they had been called. Q. What did you do then?—A. After a negro let us in’! went down into the basement with the police and found the body. Present as Starnes Phoned. Q. Were you present when Detec tive Starnes called someone over the telephone?—A. Yes. Q What time was it?—A. About 6 or 6:30 Sunday morning. Q. Do you ‘know who he called? —A. No. Q. What did he say?—A. I don’t recall exactly, but in substance he was asking some one to come to the factory. I heard him say, "If you will come I will send an automobile for you.” He turned to me and asked me if I would go to Mr. Frank’s home and get him. He gave us the address and Detective Black went with me. Detective Black went to the door. I won’t be sure whether he knocked or rang the bell. Mrs. Frank answered the door. She had on a heavy blue bathrobe. We asked If Frank was there, and he came through the curtain into the recep tion hall. \ Q. Was he dressed for the street? —A. Yes. with the exception of col lar and coat. Q. Can you tell exactly what he had on?—A. A *pair of shoes, blue trousers, white pleated shirt and suspenders. Neither Answered Frank. Q. What was said?—A When Frank came in he went directly to Black. He asked him, ‘Has anything happened at the factory?’ Black did not answer him, and. turning to me, he asked the same question. I did not answer. Q. What else did he say?—A. He asked, “Did the nightwatchman tel ephone you anything had happened at the factory?" Q. What else?—A. Black did not answer him then, but told hkn he had better come to the factory. Q. What did Starnes say to Frank over the phone besides what you have already told? "1 object," said Attorney Rosser, "on the ground that it is essentially a leading question." _ "You will have to put the question differently," «gid Judge Roan to Mr. Dorsey. Tells of Phone Talk. Q. Detail, now, what Mr. Starnes said first.—A. M r. Starnes was talk ing to someone over the telephone. I won’t be sure whether he told him who it was or not. He asked this i cfoTKErB "5£»OAK % I/£o K.’^rakk 5 fSA30«>TIcyn&K; 4 Khs I/po TT Tk/U 5 TshnaewA fa lAyEH£R>] % Cooks- ISixpaRrcsRa © S'sand <§) CiMfcRSifcf' UAltGU'M JMD OorokS xhOurv "Bax Aft T>fi^C'S\v£$ , lARK£§ 12 Couci'toit, Da H4 CA>iPE»Sid/ 15 Omst I/Xmct'-COstd Md PreSo 'S/wbj>£ ft© Dppoty I'IikSX/ party he was talking to to come to the factory. He said If he would, he would send an automobile for him. With that he turned to me and asked me to go to Frank’s house and get him. Q. Did you hear anyone else call from the factory?—A. Soon after we reached the penq^l factory, about 3:30 o’clock, I was ujtsjn the office with Policeman Anderson and Newt Dee. Anderson was trying to get some one over the phone. I don’t know who It was. Q. What else happened at Frank’s home?—A. I think he asked his wife for his collar and coat. Q. Was that all?—A. All I remem ber. "Your honor,” said Mr. Dorsey, "he has clearly overlooked something. Can I direct his attention to it?" Frank Recalled a Dream. "How do you know it?” interrupted Rosser. "I have his testimony before the Coroner’s Jury and I have talked to him," said Dorsey. “Oh, Lord," growled Rosser as he sat down. Q. What was said about a dream?— A. Mr. Frank said something about dreaming or hearing the telephone ring during the night. Q. Was anything said about whisky?—A. Yes; Mr. Frank said he had not had breakfast. He thought he would like to have a cup of cof fee. Detective Black said a drink of whisky might do him some- good. Mrs. Frank answered that Mrs. Se lig had been ill with acute indigestion and had used all of the whisky in the house. Q. How was Frank’s voice that morning?—A. He was nervous. Q. What about his voice? Was it fine?—A. Yes, it was fine; somewhat like a woman’s. He asked questions rather abrupt, right off the reel. His questions were jumpy. Appeared Very Nervous. Q. What was his appearance when you first saw him?—A. He was rub bing his hands and was extremely nervous. Q. Was his hair combed or tous- sled?—A. It was combed. . Q. What was the conversation on the way to the factory?—A. Black or myself—I don’t remember which—• asked him if he knew a little girl named Mary Phagan. He asked if she worked at the pencil factory and we told him we thought she did. He said he would have to look on his pay roll to soe if she did; that he didn’t know many of the girls there and that he never went out into the factory among them much. We suggested that we had better go by the undertaking establishment and let him see the body. Q. Describe how you found the body?—A. The room was dark. Un dertaker GheesUng went back of the body and turned on the light. The head of the dead girl war toward the wall. Ghesling took her face in his hands and turned it toward us. Mr. Frank had been behind me as we entered the room, but when Ghes ling turned the girl’s face to me I looked around and Frank was going out of the room. Didn’t See Her Face. Q. Ho’" long did be have to see the fffee?—A. He didn’t have any time, for when her face was turned to the light he had stepped outside the . room. j Q. Did you ask him # >ny questions? A. Mr. Black asked him if he recog nized the body. He said if her name was Mary Phagan he could tell whether she worked at the factory by looking over his pay roll. Q. What was his attitude at the undertaker’s establishment?—A. He still appeared nervous. Q. How?—A. Well, he stepped live ly and moved quickly. Frank sat passive during these questions, his expression an enigma. His wife and mother on each side of him appeared weary. Frank Looked at Books. Q. What did Frank do when they got to the factory?—A. Frank went to the office and unlocked the safe. He got a book and ran his hand dowm a column and said: "Yes, Mary Pha gan worked here; if I am not mistaken she was here Saturday and drew her pay." He said it was some time a little after 12 o’clock. He asked us if we didn’t find a pay envelope near her body. We told him no. Q. What was the time exactly, ac cording to Frank?—A. He just said it was something a little after 12. Q. What was his manner?—A. He was nervous and quick. Q. What was done about running the elevator?—A. I don’t remember exactly who said it, but some one suggested that we see where the girl was murdered. Frank went out to the switchbox and opened it, and after he had turned on a few things the ma chinery began to run. Tried to Start Elevator. Q. Did anyone ask him about the switch box not being locked?—A. He said the insurance company had him stop locking it, saying it was against the law. Q. Did Frank run the elevator?—A. He pulled the rope to start it, but it would not move. He called Darley and the elevator was started after some little delay. Q. Did anyone comment on the murder?—A. I think Mr. Frank said Darley had worked New*t Lee and that if anyone could get anything out of him it was Darley. Q. What else happened?-—A. Frank said: "We had better nail the back door, Darley." Q. What was done?—A. Frank and Darley went to nail the back door. Q. What did you do then?—A. Frank said: "I guess we had better put in a new tape, Darley." He -then took the tape out of the box and remarked, "They are all punched all right." Frank Brought New Slip. Q. Where was Newt Lee?—A. Lee was right behind me, handcuffed. Q. Where was Darley?—A. He was right there. Q. What happened next?—A. Mr. Frank went to his office, brought out a new slip. He took out the old slip and wrote on it April 26. 1913. Q. What did he do with it?—A. He folded it once and went into his office. Q. Did you see that slip?—A. Yes, I glanced at It. The first punch was 6:01 and the second at 6:32. There did not appear to be any skip in it. Q. Did you hear Frank say anything about something to eat?—A. Yes. sev eral times he said he wanted to get a cup of coffee. Attorney Rosser objected. Didn’t Notice His Eyes. "Maybe several wanted a drink—I expect they did," he said. Solicitor Dorsey continued. Q. Did you notice Frank’s eyes dur ing the stay in the factory?—A. No. Q. How long did you and Frank re main In the factory?—A. I should say something more than an hour. Q. Where did you go?—A. In the automobile with Lee, Darley, Black and Frank to the police station. Q. Was anybody under arrest?—A. Lee. Q. Was Frank?—A. I didn’t consider him so. Q. What happened at the station?— A. They took Frank up to Chief Lan- ford’s office. Q. Did you see F*rank do any writ ing?—A. I saw Newt Lee write, but not Frank. Dorsey again wanted to refresh Rogers’ memory about his testimony before the Coroner’s Jury. Rosser again objected. Judge Roan declared the witness could not be led. Q. Did you see the officers do any thing with Frank and Lee at the sta tion?—A. I saw them take Mr. Frank and Lee up the stairs. Q. Did you pee Frank with a pencil ? —A. ? can’t say that I did or did not. I was around there so much and saw so much. Q. What was Frank's attitude at the station?—A. He appeared nervous, as he had all the morning. Q. Did you or not have occasion to observe Frank’s hand at the police station?—A. No, sir. I did not. Rosser Takes Witness. Mr. Rosser then took up the cross- examination. Q. You never saw Frank before that morning.—A. No. Q. You don’t know whether what you considered his nervousness was natural to him or not?—A. No. Q. How long after you had knocked at Frank’s door was it before Frank came?—A. About a minute or two. Q. You went to the factory with the police?—A. Yes. Q. You had some trouble in finding whether the child was black or white? —A. Yes. Q. Didn’t someone have to pull down her stocking and look at (he flesh before they could tell her color? —A. Yes, I believe so. Tells of Victim’s Face. Q. Was there, dirt on her face?—A. Yes. Q. Was there dirt In her mouth?— A. Yes, and some in her eyes. Q. How long were you at Frank’s home?—A. About fifteen minutes. Q. It took that long for the things you have told us to happen?—A. Yes. Q. Are you sure of It?—A. Pretty sure. Q. You don’t know what time it was when you went to the undertaker’s? You don’t know whether it was 7 o’clock or not, do you?—A. I can’t be sure of that. I am trying to refresh my memory as best I can. Q. Did you swear to that conversa tion with Frank about the pay envel ope at the Coroner’s inquest?—A. Yes. I said something about :t. Q. Are you as sure of that as the other things you have sworn to this morning?—A. I am sure I said some thing about it. Visit to Frank’s Home. Q. Was anything said about a little drink doing you all good?—A. When we were at Frank’s home Black said something about a drink. Mrs. Frank called to Mrs. Selig and she said there w r as no whisky in the house; that Mr. Selig had an attack of indigestion the night before and used it all. Q. When you were at the under taker’s. how did you get to the chap el?—A. We went down a long corridor. Q. Did you know that Ghesling, standing in front of the corpse, saw Frank looking at it?—A. No. Q. Then you won’t say that Frank didn’t see the young girl’s face?—A. I do say that it would have been im possible for anyone to see her face w'hen it was turned to the wall, and I can swear that no one but Mr. Ghes ling and I went up to the corpse. MT>ght Have Seen Body. Q. Wasn’t it possible that Frank saw the body and the face at the same time you did and turned his head at the same time you did?—A. Yes, I suppose so. Q. Did Frank have any trouble un locking the safe at the office? Did he work the combination the first time? —A. Yes, without any trouble. Q. Mr. Frank tried the elevator and couldn’t?—A. Yes. Q. He called Mr. Darley?—A. Yes. Q. Did It run smoothly when it started?—A. Yes. Q. Did it stop with a Jerk when It reached the bottom?—A. No; It Just stopped. No Stains in Sawdust. Q. Was there blood on the sawdust where you found the body?—A* No; we couldn’t find any. Q. Was there blood anywhere?—A. Yes; some on her underskirt. Q. Was there blood on her head?— A. Yes, there was some dry blood matted in the hair. Q. Was there blood running any where on the body?—A. I don’t re member any. Q. Who turned her over?—A. Ser geant Dobbs, I believe. Q. Were you there when they found the shoe?—A. No. Q. Were the shoe and hat found that morning?—A. They were not before 1 left to get Grace Hicks to identify* the body. Went to Station With Party. Q. How did it happen that Frank went with you to the police station? Did he volunteer to go?—A. I don’t know exactly. He went along with the party without any hesitancy. The question was interrupted by a whispered conference between Ros ser and Arnold; then Rosser con tinued. Q. When Mrs. Frank was tele phoning to Darley, how far were you from the telephone?—A. About 6 feet. The re-dlrect examination was be gun by Dorsey: Q. Could you tell by a glance at the hair whether the girl was white or not?—A. Yes, you couldn't tell by the face, out it was evident it was the hair of a white girl. Couldn’t Have Seen Face. Q. Did you say Frank did or did not see that girl’s face in the under taking establishment? “I object," said Rosser. “You can ask only what opportu nities he had to see the face," an swered Judge Roan. A. He couldn’t see it because her body was not lying so that he could. Rosser said: "Mr. Rogers, didn’t you tell me that you didn’t know where Mr. Frank was when you were looking at the girl’s face?"—A. Yes; but he couldn't have seen it, unless h© was standing near me, and he wasn’t standing near me. Dorsey asked: "Did Frank ever go into the room in which the body was?"—A. To the best of my knowl edge he did not. He went in the di rection of the toilet, or a room which I took to be a toilet Grace Hix on Stand. Rogers was then excused, and Miss Grace Hix went on the stand. She was questioned by Dorsey. Q. Did you know Mary Phagan? * At this point members of th© Jury asked for water and while it was Continued on Page 4, Column 1. It is one thing to make soda crackers that are occasionally good. It is quite another thing to make them so that they are always better than all other soda crackers, always of un varying goodness. The name “Uneeda”—stamped on every biscuit—means that if a million packages of Uneeda Biscuit were placed before you, you could choose any one of them, confident that every soda cracker in that package would be as good as the best Uneeda Biscuit ever baked. Five cents. NATIONAL BISCUIT COMPANY