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A z' 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. FOR BRAIN FAG Take Hereford's Acid Phosphate Recommended for relief of tired nerve*, brain fag and headache following mental strain or overwork. Ad*. 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