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THE ATLANTA GEORGIAN AND NEWS
RED SPOTS ON FACTORY FLOOR SMEARED OVER, SAYS SCO
Swears Frank’s Lawyer, Haas, Called for Report Before Police Saw It
INISTTELLSJURYDF
PHY ENVELOPE
DETECTIVES FIGURING PROMINENTLY
IN PHAGAN CASE AND FRANK TRIAL
,J. X. STARNES.
HARRY SCOTT.
JOHN BLACK.
Continued From Pag® 1.
I hav* decided to employ you to And
the murderer "
Frank Said He Was Suspected.
Q. What else did he say?—A. He
said he had just come from the police
station and that the police, particu
larly Detective Black, seemed to sus
pect him.
Q. What else?—A. He related his
movements on the day of the murder.
He said that he paid the little girl
off that day and that when she left ha
heard voices on the stair. He said
that later ha let Mrs White out ol
the factory at about 1 o'clock. She
saw a negro sitting’ on a box at the
foot of the stairway. Frank said he
left the factory at 110 o'clock and
went home for lunch. He said he
returned from lunch at about 2 o’clock
and went up to his office ,
Bcott testified as readily as though
we were reading a narrative.
Q. Give the jury a description of
how Frank acted.—‘A. He acted per
fectly natural.
Rosser interrupted.
Q. How do you know it was natural
If you never saw him before?—A. 1
Juat thought it wns natural.
Roster Objects Again.
Dorsey took up the questioning
again.
Q. How were his eyes?—A. Large
and piercing.
Q. How was Tils breathing?—A.
Very deep.
Q. 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. I have it written down.”
Rosser: "I have no tioubt you have
it wTitten down from Genesis to Rev
elations. but this witness has already
said the defendant was not nervous.”
The objection to the question was
sustained.
Dorsey: Q. How did he give you
the narrative?—A Very rapidly and
specifically as to time.
Q. How did the defendant state
the time wnen Mary Phagan entero.i
the factory?—A. He said about 12:10.
Q. What did Frank say. if anything,
about hearing voices before she came?
—A. I don't recall.
Dorsey addressed Judge Roan. ”1
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 rate to the defendant?
—A. Yea.
Q. To whom?—A. To 8. Montag.
Herbert Haas and L. Z. Rosser.
Q. Did you furnish the 8tate a
readable copy like you did the de
fense?—A. I don’t know. I read
your complaint.
Rosser objected. “I object to anj'-
thing like this. Your Honor. It is
absolutely immaterial here how or
whether he furnished the defense
with the reports."
“Not Sticking to Testimony.”
Dorsey: ”1 hold, Your Honor, that
this witness is not sticking to hts
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 front the notes,” sail
the court.
8cott refreshed his memory from
hit-' notes, and said:
"I now state that Mr. Frank told me
he heard those vcicea before 1*
o'clock.”
Q. Before Mary Phagan came or
not?—A. Before.
g. Where?—A. On the second floor.
Dorsey Misled, He Asserts.
Q. What did Fiank say he did a.*
home when he went home at 1:10
o’clock?—A. He raid he went home
for lunch.
Q. W r hat, 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 Mury Pha
gan?—A. Nothing.
"Your honor,” said Dorsey. ”1 ad
mit I have been misled.”
Rosser objected. "These sorts of
questions fall on me like a false not-*
on a piano.
"Yonr 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 be
led It is now with this detective who
was hired by the pencil factory and
who has been working with the at
torneys for 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 1
Judge Roan.
“t do," answered Dorsey.
Attorney Rosser objected, and the
court recessed until authorities coulf
be looked up.
“He is trying to Impeach a wit
ness,” said Ror*ser.
“If it is meant that I am holding
back anything I want to disabuse his
mind of that,” interrupted Scott. “I—”
"I am not trying to impeach a wit
ness," declared Dorsey. “Here is a
detective employed oy this defendant
and he simply has had a lapse of
memory.”
Dorsey wanted to s'ubmit a memo
randum he had taken from Scott, but
Rosser objected.
No Reference to Notes.
“He saw me take it,” said Dorsey.
‘‘He saw 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
be allowed to refresh his memory, but
if it is on anything that is written
he must have seen it at some other
time."
Dorsey then questioned the witness:
Q. Mr. Scott, in my talk with you
at my office last week, did I not make
a memorandum of what you would
swear? I want to ask this witness 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 3ead the witness at this
stage of the game.”
Seid Gantt and Girl Were Friendly.
Mr. Hooper interrupted: “As I un
derstand it, Mr. Dorsey has the rtgnt
to ask this witness what he wishes,
provided he asks him about the spe
cific question."
“I hold that,” said Judge Roan.
Dorsey put the question:
Q. Did Frank 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, vour 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.
Dorsey: “It is a circumstance, your
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 to;d
him we would withdraw from the
case before we would do that.”
Q. Who did the talkiner and showed
you on your walk through the fac-
tory *>__A. Mr. Darlev 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. Did you see any white smear
over the blood spots?—A. Yes; they
were covered with a sort of whit3
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 tc tell the Jury
whether Frank was nervous or com
posed?
“He answered that question,” inter
rupted Rosser.
“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 was 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. Le^
did not seem to have finished his con
versation. ‘Mr. Frank,’ $«aid Lee, 'it’s
awful hard for me to be handcuffed I?*
this chair.’ 'Well, they got me, too,’
said Frank. Frank told me later they
did not get anything out of the negro.
Q. What did Frank do?—A. His
head was dropped.
Q. What was Frank’s attitude at the
police station?—A. He was extremely
nervous.
Q. On w r hat do you base that state
ment?—A. He didn’t know what to do
with his hands and feet. He nibbed
hi$> face with his nands 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 And anything around
there in the shape of hair ribbon,
bludgeon or purse?—A. No.
Then Rosser took the witness on
cross-examination.
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 Haas’ 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: *T object to anything that
was said except what was said to
Haas.”
Judge Roan: “Isn’t it competent ev
idence for these attorneys to show
there was 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 that
he stood still.”
Scott interrupted: “Haas never told
• — — -
Continued on Page 4, Column 1.
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CARLTON’S Semi-Annual Reduction Sale
America’s FOREMOST Clothing, Furnishings and Shoes to Go at Greatly Reduced Prices
To-morrow, at this store, there will be an occasion of supreme delight
to hundreds of Atlanta’s most particular dressers; for then we will com
mence our usual Semi-Annual Reduction Sale, offering the best and most
stylish goods from America’s FOREMOST manufacturers, at tremen
dous reductions in price.
Alfred Benjamin & Co.’s “Correct Clothes for Men”
Alfred Benjamin & Company enjoy the distinction of being America's FOREMOST tailors; and their
“Correct Clothes for Men” are known EVERYWHERE as the best and most reliable Clothes values that
money can buy. In this Sale will he included our entire stock of Spring and Summer styles; and there will
be some very exceptional values in blue serges, tropical worsteds and mohairs.
$15.00 Suits $11.25
18.50 Suits 13.85
20.00 Suits 15.00
22.50 Suits 16.85
ODD TROUSERS.
$ 5.00 Values $3.75
6.00 Values 4.50
7.00 Values 5.25
8.00 Values 6.00
9.00 Values 6.75
10.00 Values 7.50
NEGLIGEE SHIRTS.
$1.00 Values $ .75
1.50 Values 1.15
2.00 Values 1.50
2.50 Values 1.75
3.50 Values 2.59
SILK SHIRTS.
$4.00 values $2.75
$5 and $6 values $3.50
$25,00 Suits $18.75
30.00 Suits 22.50
35.00 Suits 26.25
40.00 Suits 30.00
NIGHTSHIRTS—PAJAMAS
$ .50 Values $ .40
.75 Values 60
1.00 Values 75
1.50 Values 1.15
2.00 Values 1.50
2.50 Values 1.90
UNDERWEAR.
$ .50 Values.. ; $ .40
.75 Values 60
1.00 Values 75
1.50 Values 1.15
2.00 Values 1.50
The reputations of Alfred Benjamin & Co.’s “Correct Clothes for
Men,” Hanan Shoes, and Manhattan and Gotham Shirts are too well
established to need comment here. These and other celebrated lines will
be put on sale to-morrow; and when our doors open there will be some
choice picking. So come in early and get your share.
Hanan’sand Other Fine Shoes for Men and Women
Every man and woman in Atlanta with taste enough to distinguish between the • exceptional and the
commonplace knows the enviable reputation enjoyed by Hanan Shoes. And those who have worn Hanan
Shoes can attest their perfect comfort and splendid wearing qualities; for upon these two features, as much
as on their exclusive stylishness, rests the popular favor accorded this dependable footwear. Hanan's and
other popular makes will be included in the following offerings.
WOMEN’S OXFORDS AND PUMPS.
$3.00 Values $2.45
3.50 Values 3.15
$4.00 Values $3.45
5.00 Values 4.25
All Straw
Hats
STRAW HATS.
Half-Price
$5.50 Values $4.65
GROWING GIRLS’ OXFORDS AND PUMPS.
$2.50 Values.' $2.15 | $3.00 Values
$3.50 Values $3.15
.$2.45
MISSES’ SLIPPERS AND OXFORDS.
$2.00 Values $1.65
2.50 Values 2.15
3.00 Values 2.45
CHILDREN’S SLIPPERS AND OXFORDS.
$1.25 Values $ .95
1.50 Values 1.20
1.75 Values 1.45
2.00 Values 1.65
MEN’S OXFORDS.
$4.00 Values $3.45
5.00 Values 4.25
6.50 Values 5.85
7.00 Values 5.95
BOYS’ OXFORDS.
$2.00 Values $1.65
2.50 Values 1.95
3.00 Values 2.45
3.50 Values .. .. 2.95
350 PAIRS WOMEN’S SHOES TO CLOSE OUT AT $1.65.
This lot includes mostly small sizes and narrow widths. Values range from $3.50
to $6.00; and patent, dull. Russia calf and suede shoes are represented. They are sim
ply broken lots of discontinued lines that we want to close out. None will be exchang
ed, returned, or sent C. 0. D. If you can find your size in this lot, you will get the best
shoe bargain you ever saw.
CARLTON SHOE &
CLOTHING CO., Thirty Six
Whitehall