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THE ATLANTA GEORGIAN AND NEWS FOR STATE AND DEFENSE Continued From Page 1. how Frank acted.—A. He acted per fectly natural. Rosser Interrupted. Q. How do y&u know It was natural if you never saw him before?—A. I just thought it was natural. Rosser Objects Again. Dorsey took up the questioning again. Q. How were his eyes?—A. Large and piercing. Q. How was his breathing?—*A. Very deep. <j. Didn’t you state to me Rosser interrupted. "I object. You can’t ask him that.” Dorsey ' replied: "I don't know whether this witness has trapped me or not. 1 have it written down.” Rosser: "I have no doubt you have it written down from Genesis to Rev elations. but this witness has already said the defendant was not nervous." The objection to the question was sustained. Drsey: Q. How did he give you the narrative?—A Very rapidly and specifically as to time. Refreshes Scott’s Memory. Q. How did the defendant state the time when Mary Phagan entered the factory?—A. He said about 12:10. Q. What did Frank ssy, if anything, about hearing voices before she came? —A. 1 don’t recall. Dorsey addressed Judge Roan: ? want to refresh the memory of this witness with the notes he took on the case.” Q. Mr. Scott, did you furnish a report of this case to the defendant? —A. Yes. Q. To whom?—A. To S. Montag, Herbert Haas and L. Z. Rosser. Q. Did you furnish the State a readable copy like you did the de fense?—a. I don't know. 1 read your complaint. Rosser objected. "I object to any- randum he had taken from Scott, but Rosser objected. No Reference to Notes. "He saw me take it,” said Dorsey. • “He saw r you write it,” retorted Rosser, "before my friend Dorsey conferred with Hooper. Hooper is a wise man. He charged three times that he had been trapped by the wit ness.” Judge Roan ruled: "At this stage of the game I can’t allow you to ask the witness leading questions. He may he allowed to refresh his memory, but if it is on anything that is written. - he must have seen it at some othej time. ’ Dorsey then questioned the witness: Q. Mr. Scott, in my talk w’ith you at my office last, week, did I not mako Sm memorandum of what yftu would swear? I want to ask this witn*^ if he wrote these notes. Rosser objected: "That is Just ex actly what I don’t want." Judge Roan ruled*. "I don’t think you can lead the witness at this stage of the game.” Said Gantt and Girl Were Friendly. Mr. Hooper interrupted: "As I un-< derstand it, ^fr. Dorsey has the rignt to ask this witness what he w’ishes, provided he asks him about the spe cific question.” "I hold that," said Judge Roan. Dorsey put the question: Q. Did FYank say anything About the attention of Gantt to Mary Pha gan?—A. He said he seemed unusu ally friendly. Q. Do you remember when Gantt was arrested?—A. Yes, about the time I was in conference- with Frank. Q. Was there anything said by one of the attorneys for Frank about you suppressing evidence? Rosser objected. "Why, your hon or,” he said, "a client Is not even bound by his attorney in a civil case. I demand that that question be with drawn.” The objection was sustained. When Pinkertons Suspected Frank. thing like this, Your Honor. It is absolutely Immaterial here how or Dorsey: “It Is a circumstance, your whether he furnished the defense with the reports.” "Not Sticking to Testimony/* Dorsey: "I hold. Your Honor, that this witness is not sticking to his previous testimony and I have the right to refer to these reports to re fresh his memory.” Judge Roan: "Put your question, Mr. Dorsey." Q. Was it before or after 12 o’clock that Frank said he heard voices?—A. (Scott read from his notes) Frank told me that before 12 o’clock he heard voices outside his office. Rosser objected. "I object to his The objection was sustained. "Mr. Scott, you can only refresh your memory from the notes,” sai 1 the court. Scott refreshed his memory from his notes, and said: now state that Mr. Frank told me he heard those voices before li o’clock.” Q. Before Mary Phagan came or not?—A. Before. Q. .Where?—A. On the second floor. Dorsey Misled, He Asserts. Q What did Frank say he did at home when he went home at 1:10 o’clock?—A. He raid he went home for lunch. Q. What, if anything, did Frank say in reference to Gantt?—A. He said J. N. Gantt know* Mary Phagan very well and was intimate with her. Q What, if anything, did Frank say about Gantt's attentions to Mar)- Pha gan?—A. Nothing. "Your honor.” said Dorsey. “I ad mit I have been misled.” Rosser objected. "These sorts of questions fall on me like a false not on a piano "Your honor.” said Dorsey, "it is discretionary with you a? to whether I may leid a witness. If there ever was a time when a witness should b led it is now with this detective who was hired by the pencil factory and who has been working with the at torneys fur the defense. When I talked with him and he told me things and now he testifies differently I have a right to lead him.” Charges Scott "Trapped” Him. "If you mean to say the witness has trapped you, I will permit it," said Judge Roan. "I do,” answered Dorsey. Attorney Rosser objected, and the court recessed until authorities couH be looked up. “He is trying to impeach a wit ness.” said Ro.‘*ser. "If it is meant that I am holding back anything I Aant to disabuse his mind of that,” interrupted Scott. "I—” "I am not trying to impe&ch a wit ness," declared Dorsey. “Here is a detective employed oy this defendant ^and he simply has had a lapse of Hjnory ’’ sey wanted to submit a memo- honor." Rosser (angrily): "Then I withdraw my objection.” Scott answered the question: Sometime in May I, with Superin tendent Pierce, of the Pinkerton agency, went to the office of H. J. Haas, in the Third National Bank Building, and told him there was a strong suspicion against Frank. He said he wanted us to give him per sonally our reports in full before we submitted it to the police. We told him we would withdraw' from the case before we w'ould do that.” Q. Who did the talking and showed you on your walk through the fac tory?—a. Mr. Dariev did most of it; Mr. Frank a little. Q. Did Mr. Frank offer any sugges tions as to how or why it happened? —A. No. Q. Di(f you see any w’hite smear over the blood spots?—A. Yes; they were covered with a sort of white smear. Q. Were you sure it was a smear or a spit?—-A. It was a smear. When Frank Met Her. Q. Are you willing to tell the jury whether Frank was nervous or com posed? He answered that question.” inter rupted Rof^er. "Did you?” asked Judge Roan of Scott. A. I said his eyes were piercing and he looked pale. Judge Roan asked the witness if Frank was composed. A. He w r as composed. Dorsey resumed his questioning. Q What happened at the police station Tuesday night?—A. Detective Black and I had a discussion in Frank’s presence about Newt Lee. We had been talking to Lee. Mr. Black told Mr. Frank he didn’t think Newt Lee was telling all he knew. I said about the same thing. We asked him if he would consent to go into a room with Lee and try to get the truth out of him. He agreed to and we left them alone together about ten minutes. When we interrupted. Lee did not seem to have finished his con versation. ‘Mr. Frank,’ said Lee, *lt’» awful hard for me to be handcuffed te this chair.’ ‘Well, they got me. too.’ said Frank. Frank told me later they did not get anything out of the negro. Frank’s Head Was Dropped. Q. What did Frank do?—A. His head was dropped. Q. What was Frank’s attitude at the police station?—A. He was extremely nervous. Q. On what do you base that state ment?—A. He didn’t know what to do with his hands and feet. He rubbed his fa^e with his hands and was agi tated Q. How about his eyes?—A. His eyes always appeared to be the same. Q. What was his attitude at the time of his arrest on Tuesday?—A. His hands were trembling. He was pale and silent. Q. Did you see Attorney Rosser at the police station?-—A. No. I did not. In Office from 12 to 12:30 p. m. Q. Did you see Frank at the fac tory Saturday, May 3?—A. Yes; with Black. Q. What conversation did you have with him then?—A. I asked him if he was In his office continuously from 12 o’clock noon until 12:30. He answer ed that he was there in his private office for every minute. Q. How was it you put the ques tion?—A. "For every minute of the time between 12 and 12:30, were you in your private office?” He replied that he was. Q. Did you search the pencil fac tory?—A. Yes. Q. Did you search the area around the elevator shaft and radiator?—A. Yes. Q. Did you find anything around there in the shape of hair ribbon, bludgeon or purse?—A. No. Then Rosser took the witness on cross- exam i nation. Didn’t Order Reports Held. Q You sent a report to me?—A. Yes. Q. Did you report this, "Mr. Pierce and myself went to H^as’ office and he told us to catch the murderer re gardless?”—A. Yes. Q. You didn’t report that other in cident to me. Didn't I say to you— Dorsey: "I object to anything that was said except what was said lo Haas.” Judge Roan: "Isn’t it competent ev idence for these attorneys to show* there w f as not any effort at suppres sion ?” Dorsey replied: "Your honor, the State can show flight on the part of the defendant, but he can't show' tha: he stood still.” Scott interrupted: "Haas never told us not to give the reports to the po lice, but merely to report to him first." Not in Inquest Testimony. Q. Didn't you testify before the Coroner’s inquest everything you know?—A. Yes; but not in detail. Q. Did you say before the Coroner that Frank said that Gantt was fa miliar with Mary Phagan?—A. 1 don’t know. Q. Why didn’t you give it to me in your report?—A. Either I didn’t think Gantt was a suspect or it was an oversight. Q. Well, w’hy didn’t you tell the Coroner about what Frank said about Gantt and Mary Phagan? Gantt was a suspect then, wasn’t he?—A. It must have been an oversight, if I didn’t do it. Q. Isn’t it true when at the inquest that you did not say one w’ord about Frank holding his head down when you and Black interrupted his inter view' with Newt Lee?—A. I don’t re call. I haven’t read the minutes. Admits Working for Frank. Q. You have stated here you were working in the interest of Frank, tho defendant?—A. Yes. Q. You stated there that you were employed by the National Pencil Com-i pany—A. Yes; Frank was the man 1 talked to. He had to see Mr. Montag before he could employ me. Q. Didn’t you say before the Coro ner’s jury that all you could find out about the conversation between FranK and Lee was from Lee?—A. Yes. Q. You didn’t say a word about overhearing Lee and Frank in their conversation, and of Frank hanging his head, did you?—A. No; I have re freshed my memory since then. Scott Gets Angry. Q. Wasn’t you asked then to tell it all?—A. Yes; but a man would be a fine slstw* who couldn’t refresh his memory. Do you think a man Can re member verbatim everything said a year ago? Q. Hold on; don’t lose your temper. —A. I’m not losing my temper. Q. Now', you didn’t say anything before the Coroner about Frank say ing that Gantt was intimate with Mary Phagan?—A. No. Q. You haven’t got the word inti mate in your notes here. (Rosser had obtained Scott’s notes from him.)—A. Well, I’ve got my own system about taking notes which may be different from yours. 1 don't write out th« whole story. Neith'r was I cross- questioned before the Coroner. Q. You didn’t say anything about Mr. Frank being nervous before the Coroner?—A. I said I wasn’t crosa- questioned. Q You detailed your statement to ten pages before the Coroner and you didn’t refer to that?—A. Yes*. Q. When you detailed the statement about the conversation between Lee a.id Frank you didn’t say anything about his being nervous?—A. I said he hung his head. Works With Police. Q. You didn’ tsay anything about his crossing and recrossing his legs? —A. I don’t think the Coroner a^ked me. x Q. You didn’t s«ay anything abou4 his putting his hand before his face? —A. No. Q. You are a trained detective— trained to observe things—and you didn’t bring out these facts?—A. I have too much sense to tell everything I know at preliminary hearing. Q Weren t you telling all you knew —A. In a general way. I am not fool enough to go into detail with a fine- tooth comb at a Coroner’s inquest. Rosser: ‘Your honor, this witness is provoking me.” Dorsey: "I submit, your honor, that J. N. STARNES. HARRY SCOTT. JOHN BLACK. RED SPOTS ON FACTORY FLOOR SMEARED OVER, SAYS SCOTT Swears Frank’s Lawyer, Haas, Called for Report Before Police Saw It nffrpTiur CPflTT nnmirc "H detectives figuring prominently! pm incr nr TCCTIMflWV lit I til I lit bull I I rtlUltb PHAGAN CASE AND FRANK TRIAL! bULLArbt Uf I tb IIIVIUNI OF BLACK AND I GIRL’S STORY BIG AID TO FRANK he has a right to answer the ques tion." Judge Roan: "Don’t argue with the attorney. Mr. Scott.” Rosser: Q. Let’s go back. You work with the police, don’t you?—A. Yes. Q. You never work against them. You jqst get in the road with them?— A. Yes. Q. You will work against your client with the police, won’t you?— A. Some time. Q. You testified about the blood spots, but nothing about the white stuff over it?—A. Yes, I think that’s right. Q. That conversation you said about Frank, are you sure that state ment didn’t come from Darley?—A. Yes, I am quite sure Frank dictated them in his office. Mental Notes. Q. You are sure you didn’t take these notes during your inspection of the factory?—A. Yes. I only took mental notes and wrote when we got back to the factory. Q. You are not positive whether on that point?—Yes. because it was so dark I could not see in the factory. Scott Corrects Report. Q. Mr. Scott, you say now that Mr. Frank told veu when the little girl asked him if the metal had come. Mr. Frank replied, "I don’t know?”—A. Yes. Q. Didn’t you swear before the Cor oner that ho said, "No?"—A. Yes. I have said about half and half all the time. Q. Didn’t you say in a report to me he said. “No?”—A. Yes. Q. Did you mean I don’t know? Don’t you know that the meanings of the words are q^dte different?—A. It was just a grammatical error. I now swear positively he said. "I don't know.” Q. You say now’ Mr. Frank told you he left the factory about 1:10?—A. Yes. Q. You told me in this report (he had Scott to i dentifv the report) that he told you he left the factory at 1 o’clock?—A. Yes. It was simply an error in that report to you. Q. How many mistakes are there in this report ?—A. Very few’. They are errors of'the stenographer I over looked. Q. Mr. Scott. Mr. Black and the po lice always knew the contents of these reports before vou made them to me, or Mr. Haas or the owners of the pen cil factory?—A. Yes. Scott Ends Testimony. Dorsey on redirect examination: Q. When did you report the finding of club to the police?—A. I saw it in a report of Hay 1. Q. Do you swear what day it was j-eported to the police?—A. No. Q. About the police—do you follow the facts, or the theory'?—A. I don't quite understand. Q. Report in full to the jury what you mean by working with the po lice?—A. Mr. Black and I worked in partnership and reported to the polic- Q. Detail on this chart the course of your inspection of the factory with Frank and Darley?—A. We went from the office to the machine room, w here the hair was found; saw the blood stains, w’ent down to the basement and were shown where th6 body as found. We saw where the slipper as found. "That’s all. Call Miss Monteen Sto ver.” Monteen Stover on Stand. Judge Roan said: "Mr. Sheriff, take the jury out for a few minutes and let them get a little fresh air.” Solicitor Dorsey began questioning Monteen Stover. She obviously was somewhat overawed, but fairly well composed. She appeared about the same age as Grace Hix, and, like her. had very light hair. She was dressed in a tan cotton dress with a skirt well above her ankles. She appeared 16 or 17 year of age. Q. What is your name?—A. Mon teen Stover. Q. Where do you work now?—A. Now'here. # Q. Where were you working April 26?—A. The day Mary Phagan was killed? “Yes,” said Dorsey. A. Nowhere. Q. Did you ever work for the pen cil factory?—A. Yes. Q. When did you quit?—A. Monday before Mary Phagan was killed. Q. Did you go to the factory on the Saturday before Mary Phagan was killed?—A. Yes sir. Q What time?—A. 12:05 o'clock. Q. How long did you stay?—A. Five minutes. Q. What did you go for?—A. To get my pay. Q. What floor did you go on?—A. The second. Q. To where?—A. To Mr. Frank's office. Q. Did you see Mr. Frank?—A. No. Q. Did you see anyone?—A. No. Q. Did you notice the door in the rear that leads to the women’s dress ing room?—A. Yes. Q. Was it opened or closed?—A. It was closed. Q. Had you ever noticed it before? A. Yes. Q. Wasn’t usually opened or closed? —A. Sometimes opened and some times shut. Q. Did you notice the clock?—A. Yes. Q. What time was it?—A. 12:05 o’clock when I entered and 12:10 when I left. Stayed Five Minutes Q. What did you have on—what kind of shoes?—A. Tennis. Q. Did you look at the clock when you went in?—A. Yes. 1 walked up to it. It was 12:05. Q. What time was it when you left?—A. 12:10. Q. Was there any hat or coat or gentleman's apparel in the office? A. No. Q. Had you ever noticed the door before?—A. Yes. Q. What was the condition of that door?—A. Sometimes closed and sometimes opened. Q. Your honor, may I repeal this witness’ memory on this point from an affidavit she made? Rosser—I object, your honor, can’t show her that. Judge Roan Did she read statement before signing it? Dorsey—It was read to her. Rosser—It might have changed. Dorsey—I won't press the matter right now. I will cite some authority on it in a little while. Mr. Rosser began the cross-exam ination. Q. Miss Monteen, where did you start from to go to the factory?—A. From home. Q. What time?—A. I don’t know. Q. Did Mr. Frank have one or two offices at the factory?—A. He had two offices. Q. Did you notice the safe in the office?—A. No sir. Q. You just walked in, turned around and walked out?—A. Yes. Q. Did j$ou see any person?—A. No sir. Q. Did you notice the desk in the office? Did you notice a wardrobe? A. No. Q. Wht did you do?—A. I walked in the front office, saw no one, and went and sat down on the bench near the stairs. Q. Then you got up and went home?—A. No, I went back into the office, looked around and seeing no one, left the building. Q. You went straight home?—A. Yes. Q. The factory was still in quiet, ,Wben you were there?—A. Yes. Q. That door to the metal room— you had worked in metal department, and you sometimes saw the door open and sometimes closed?—A. Yes, ^ir. Reads Affidavit. Q. How many times: has Solicitor Dorsey talked to you about this caso? A. Once. I went down to his office and made an affidavit. Q. No matter what an affidavit^ might say, you know you sometimes saw that door open and sometime:! closed?—A. Yes. Q. If you made such an affidavit, you were mistaken?—A. I don’t know. I sometimes got there first and it was closed. Then I have passed it and seen It open. Q. You do know that you saw It both open and closed?—A. Yes. Judge here ruled that he Stover girl could look at the affidavit to re fresh her memory. Solicitor Dorsey handed it to the witness and she slowly read it. Gantt Recalled. J. M. Gantt was recalled a moment at the beginning of the morning ses sion Thursday to tell of the time he was arrested and the time he was released. Scott then was called as a witness and it was expected that he would be on the stand most of the day. The courtroom was crowded as on every other day of the trial. .There was a noticeable increase in the num ber of women present. The seats all were taken half an hour before the time set for the beginning of the trial. He been Although the State’s witnesses were on the stand all of Wednesday the day was distinctly favorable for Frank, partly because nothing dis tinctly unfavorable was developed against him—the burden of proof being upon the State—but most largely because of two other factors, the utter collapse of the testimony of one of the State’s star witnesses, City Detective John Black, and the testi mony in favor of Frank that was given by another of the State’s wit nesses. Miss Grace Hix, a 16-year- old factory employee. Girl Helps Frank. Miss Hix testified that the strands of hair found on the lathing machine on the second floor might have been the hair of one of the other girls in the factory, m^ny of whom when they were ready to leave the factory at night, combed their hair right where they had been working. She said that Magnolia Kennedy’s hair was almost exactly the color of Mary Phagan’s. She also said that the red spots on the second floor might be paint. She never saw Frank attempt any famil iarities with the girls. Black was made the uncomfortable victim of the fiercest grilling any cf the witnesses in the Frank trial have received up to this time. Luther Rosser, chief of counsel for Frank, tore into Black the instant the city detective was turned over to him for cross-examination. Black Bewildered. W r ithin the space of 30 seconds the attorney had Black unmistakably be wildered, althougn the detective tried his best to stick to the details of the story he had Just narrated under So licitor Dorsey's questioning. In another 30 seconds Rosser con tinued his bulldog tactics and had Black practically admitting that he had told an untruth under oath, and that although a moment before he had sworn that he had seen Rosser at the police station between 8 and 8:30 o’clock the Monday morning after the crime, he now was not sure that it was not 10 or 10:30. Rosser, seeking to discredit Black’s previous testimony and his memory, drove Black to admit that he could not remember any of the details of Frank’s attire the morning that Black visited the Frank home, and that he was not sure at all that Frank could not have seen the face of the Phagan girl when he visited the morgue Sun day morning. Shaky Testimony. Black swore when Dorsey wa%ques- tioning him that Frank put on his collar, tie and coat on the first floor of his home, but when Rosser got hold of him he was just as willing to admit that it might have been in the cellar or on the roof, and the remain der of his testimony became shaky to the same extent. Taking up a number of the details of Black’s testimony on direct exam ination. Rosser made the perspiring detective admit that he was not cer tain of a single one of them. None too fluent and assured under the friendly interrogation of the Solici- I tor General, Black instantly became halting and confused when Rosser let loose with his fire of disconcerting questions. The detective’s features flushed crimson. He mopped his face which was running with perspiration. Then he held his handkerchief up by two of it8 corners to dry in the breez# from an electric fan. Before he could accomplish this, it must be applied again to his liquid features. He tripped and stumbled over hi# answers. He became hopelessly mud-* died as to times and conversations. He was groping, but his memory turned traitor. The "Plant” Story. The climax came when Solicitor Dorsey came out with his declaration that the bloody shirt found at Newt Lee’s home was a "plant,” and that it i was inspired by Frank or persons in* terested in Frank. He said that he intended to show that Black had gone to Lee’s home to make a search only after Frank had informed him that several punches were missing from the time tape taken out of the regis* ter clock, and that Lee would have had time to go home between punches. The Solicitor added that he proposed to show that the only interpretation of Herbert Haas’ demand for a search of Frank s house was in order to open up the way for a search of Lee’s house by the detectives. It took only a few moments to demonstrate that the Solicitor was leaning on a broken reed. Black already had passed through the ordeal of more than an hour’s grilling by Rosser and Dorsey had him in the redirect. Black gave only a half* hearted and half-certain assent to Dorsey’s inquiry if these circum stances did not transpire before the search of Lee’s house. But when Rosser charged at him again even this fragment of memory and assurance had departed from him. "Don’t you know’, Black, that, as a matter of fact, that shirt was found before Frank ever said anything to you about the misses in that time tape?” Rosser bellowed at the red- faced, wilting detective. Waited Six Minutes. Black opened his mouth, but nd answer came forth. "Don’t you know it?" persisted ths law'yer. Still no answer. Rosser drew his w r atch from hiss pocket and held it on the witness. Six minutes passed and the silence con tinued. * Judge Roan started to speak. "Give him time to answer, your honor,” interrupted Rosser grimly, still holding the watch. “I don’t remember," finally cams from the lips of the witness. A moment later Black gave up. "I’m all crossed up.” he said. "15 don’t know where I’m at.” Rosser laughed. “Come down,” he said. "Come dow'n,” echoed the Solicitor. J. M. Gantt, discharged employee of the pencil factory, followed Black on the stand. Gantt’s most Important piece of testimony was that Frank, contrary to tho representations he made the morning after the murder, knew' Mary Phagan by name. - He knew this, he said, because one day w'hen he had been talking with the Phagan girl FYank said to dilm: “You seem to know Mary pretty well, Gantt.” Rosser brought out In his cross-ex amination of Gantt that the young man had failed to tell of this alleged incident w'hen he was before the Coroner’s jury when he w r as asked if Frank knew the girl. Say Frank Was Nervous. The bulk of the State’s evidence Wednesday was only for the purpose of showing that Frank was nervous, trembling and pale on the afternoon of the tragedy and the next morning when he was taken to the morgue and to the factory by the detectives. Gantt testified that Frank seemed nervous and apprehensive Saturday night at 6 o’clock when Gantt went to che factory to get some shoes he had left there w'hen discharged. 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