Below is the OCR text representation for this newspapers page.

Continued From Page 1. then. In the revulsion of horror at his deed, was In abject terror of look ing upon the face of his victim when he was taken to the morgue for the purpose of identifying her. The Solicitor drew from the two men other circumstances of the morning after the crime, which he evidently proposes to Interpret as significant of Frank’s guilt, but he laid the greatest stress on the visit of Frank at the morgue where both Rogers and Black testified Frank avoided gazing at the bruised and contorted features of the murdered factory girl. Say Frank Was Nervous. Black and Rogers testified that Frank appeared nervous all the morn ing after they went for him at his home, 68 East Georgia avenue, and took him to the morgue and later to the factory. Rogers was on the stand about two hours and told a seemingly straightforward story. He was not bothered much by the cross-examina tion of Rosser, but made slight modi fications to some of the statements in his direct testimony. It was evident that Black’s testi mony was going to precipitate a live ly squabble between the attorneys the moment that he went on the stand. Attorney Rosser was on his feet with objections almost every half minute. Either his objection was leveled at the manner of Black’s testimony or the character of the Solicitor’s questions. Almost Invariably he w'on his point. Rosser declared that Black waa stating his own conclusions in regard to the mental state of Frank instead of merely presenting to the Jury Its ©utw'ard manifestations and permit ting the Jury to Judge for Itself. To Spring Surprise in Gantt. Black asserted that Frank was pale and nervous on the morning of April 27; that he talked excitedly and asked questions without waiting for an swers, and that his voice was trem bling and hoarse, and that he never entered the room wbere Mary Pha gan’s body lay at the morgue. Frank Laughs for First Time. During the testimony of Rogers. Frank laughed heartily for the first time since the trial began—in fact, it wa« the first 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 t drink of whisky would do Frank good Roger* said 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 etand, 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- that indicated his theory’ that Phawas 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-dlrect 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 calling him and the arrival of Rogers’ car at Frank’s home was only five or six minutes, was dressed for the street, except for collar, tie, coat and hat. Say* 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 word* were Jumpy; that he continuously was rubbing his hands, and that he moved about nervously. That the defendant. w f hen he was taken to the undertaking room, avoid ed going Into the room where the Fhagan girl’s body lay, and that he 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 were 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. Mincey, 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 he would be on hand at the proper time. Rosser in Dorsey's Way. During the cross-examination of Rogers, Solicitor Dorsey insisted that 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 tion* during all of the cross-examina tions. When on his feet Mr. Rosser’s per son dominate* the whole courtroom He was ostentatious in the use of his hands and arms. He wore a' thin black coat and gray trouser* and a low collar without a necktie. Tells Dorsey to Get Stick. "I 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 ers, Frank fixed his eyes on Solicitor Dorsey. They were strange eyes, al most expressionless. Dor&ey glanced at him. then turned his gaze to the witness. Mrs. FranJ who the first day of the 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 which 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 interrupted and said: "Do you mean for the dotted lines to show the theory of the prosecu tion?” "Yes,” answered 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 th© 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 S 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 I 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 5 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 w’ent 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 h e 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 him he had better come to th e factory. Q. What did Starnes say to Frank over the phone besides what you have already told? "I object,” said Attorney Rosser, "on the ground that it is essentially a leading question.” "You will have to put the question differently,” said 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 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 pencil factory, about 3:30 o’clock, I was up in the offle© with Policeman Anderson and Newt Lee. 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 r 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. was rub bing his hands and w^is extremely 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 when it was turned to the wall, and I can swear that no one but Mr. Ghes ling and I went up to the corpse. Might 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 DoYsey: Q. Could you tell by a glance at the hair whether the girl w*as white or not?—A. Yes, you couldn't tell by the face, but 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 he 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 Grac* 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 the Jury asked for water and while it was Continued on Page 4, Column 1, & % Wi TO DIAGBAK cTodg-e "S/aAjf tO H.1T£ANK fXA30G&TIcm4£R/ Mss 1/so Yl Tr/ock. Iaj'SSCER/K'O Cours JSixparercso&s WniNSSS StAKD <§) MAlCGUrW ■ JMD (JasoieS xkOurv "Bax 11 JL£ Soxici'toa. Dor.$£Y 13) 14 Cj^tpe^w A5> ChieY vXM’&I'OKU l(b pRDSO I&Xetoty Kihrt/X/ U® Ch/JKK.T.OtefSRisS 2® 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 iong 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 Frank do any writ ing?—A. I .“aw 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 tje 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 f’ee Frank with a pencil" 7 —A. I 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. Yoirhad 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 the 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 9 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 wifh Frank about the pay envel ope at the Coroner's inquest?—A. Yes. I raid 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. Yes. When we were at Frank’s home Black said something about a drink. Mrs. Frank called to Mrs. Selig and sh« said there was no whisky in th£ 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. H e 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 see 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 Gheesling went back of the body and turned on the light. The head of the dead girl was toward the wall. Ghesling took her face in his hands and turned it toward us. Mr. Frank had been behind me as w r e 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. Horr long did he have to see the face?—A. He didn’t have any time, for when her face was turned to the light he had stepped outside the room. Q. Did you ask him any 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 down a column and said: "Yes. Mary Pha gan w r orked here; if I arti 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 sw itchbox 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 Newt 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.” Q. Where was Newt Lee?—A. Lee 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 ‘i 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. j-sshw**- NATIONAL BISCUIT COMPANY 2 DIAGRAM TTTF ™0F COURTROOM ATLANTA n § 1 ; 1— tIAN a i ND NEWS — . FRANK TRIAL IN PROGRESS Do You Know ? The largest banquet ever given. See Page 15. t§