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TTTE ATLANTA GEORGIAN AND NEWS
RED SPOTS ON FACTORY FLOOR SMEARED OVER, SAYS SCOTT
Swears Frank’s Lawyer, Haas, Called for Report Before Police Saw It
FINDING OF PHY ENVELOPE
DETECTIVESFIGURING PROMINENTLY
IN PHAGAN CASE AND FRANK TRIAL
.1. N. STARNES.
HARRY SCOTT.
JOHN BLACK.
Continued From Pag® 1.
even though the person who swept be-
lieved he had done so thoroughly.
Scott refused to be cowed by the
battering attack of Luther Rosser,
chief of Frank's counsel, and fought
back viciously a various times dur
ing his cross-examination. He was
inclined to argue with both Attorney
•Rosser and Solicitor Dorsey, and at
one time blazed forth angrily when
he thought that Dorsey was charging
him with holding something back.
Defense Discounts Scott's Story.
Rosser succeeded In Impeaching
Goott’s testimony to a certain extent
by showing that his testimony at the
Coroner’s inquest differed in some re
spects from that given at the trial,
and that the testimony at the inquest
lacked much that was contained m
his testimony Just given under the
questioning of Solicitor Dorsey, al
though Scott had sworn at the in
quest that he was telling all he knew.
It was evident as soon as the Pin
kerton detective was called that a
sharp battle was to ensue over his
testimony. A liveP- tilt occurred be
tween Rosser and Dorsey before Scott
had been on the stand five minutes.
The testimony had progressed only a
little further when Dorsey claimed
that he had been trapped by the wit
ness into believing that testimony .*f
another sort would be given.
Dorsey Remanded the privilere of
asking leading questions in order to
determine whether Scott's memory
was faulty or if he was purposely
holding something back. \
Haas Wanted First Reports.
The Solicitor ^ot from his witness
the details of his engagement by th£
National Pencil Company and sougnt
to emphasize that Herbert Haas, one
of Frank’s attorneys, had tried to in
duce Scott to withhold his evident
from the police, but Scott on cross-
examination declare that Haas asked
only that the evidence be given the
pencil factory official* first.
Scott testified that Frank In th«
first days of the investigation had told
him that J. M. Gantt, a discharged
factory employee, knew Mary Phi
gan well and was familiar and inti
mate with her, the Solicitor by this
evidence seeking to show a disposi
tion on the part oi i-rank to throw
suspicion on someone else.
The detective described Frank’s de
meanor a® extremely nervous at the
interview Tuesda ,r night, April 29, be
tween Frank and Le Scott said that
PYank hung his head, crossed and re
crossed his legs, rubbed his face and
lips with one hand and then the other,
and seemed not know w here to put
his hands.
Rosser Gri-ls Scott.
Rosser, cross-examining Scott,
made the detective dmit that he had
not told of these circumstances be
fore the Coroner’s inquest and had
not stated any of the conversation be
tween Lee and Frank which he had
Just told to the Solicitor. Going fur
ther, he forced Scott to admit that he
had said at the inquest that he had
heard none of the conversation.
Scott told Dorsey that he had mala
a thorough search of the first fit or of
the factory soon after his services
were engaged, and that he had found
no ribbon, purse, pay envelope or
bloody stick which later was said to
have been found near where Jim Con
ley was hiding, by Pinkerton opera
tives.
Scott said that he had looked for
blood spots, but that most of the evi
dence of this sort had been chippsJ
u before he entered the case.
Rosser and £ ott engaged In a heat
ed argument when Rosser called at
tention to the fact that the detective
had not mentioned at the Coroner’s
inquest Frank’s alleged remark in re
gard to Gantt’s Intimacy with the
Phagan girl.
Scott gave as his excuse that It was
an oversight, or that he possibly had
not been questioned on that matter by
the Coroner.
“I am not fool enough to give away
the w hole case tn detail* at a prelimi
nary hearing, anyway,” added Scott.
R. P. Barrett, the machinist at the
pencil factory, who discovered the
strand of hair on a lathing machine
and spots resembling blood on the
floor, was called to the stand at the
conclusion of Monteen Stover's testi
mony.
Dorsey Quizzes Scott.
Solicitor Dorsey Btarted his ques-
i tionlng of Harry Scott with the
query:
Q. What Ls your business?—A.
Pinkerton detective.
Q. Do you know Leo Frank?—A.
Yes.
Q. When did you first see Frank?
A. Monday, April 28, at 7 p. m.
Q. Where was that?—A. In Frank’s
private ofNce.
Q. What was Frank’s attitude?—A.
He was composed.
Dorsey said:
“Your honor, I want to refresh his
memory. I was misinformed as to
what the witness would testify.”
Attorney Rosser objected.
“I am surprised at the evidence,"
said the Solicitor, "of this witness re
garding Frank’s attitude.”
Noted Nothing Unusual.
“What about his breathing?” asked
the Solicitor—A. Well, between sen
tences, occasionally he took a deep
breath.
Q. What about the expression of
his eyes?—A. I had never seen him
before. The expressicn of his eyes
\v£s about as they are ijow.
PYank, sitting a few feet away, wore
the same cool expression he has had
since the beginning, his face utterly
devoid f t emotion. The expression
of hio unusual eyes was calm. Dor
sey resumed his questioning.
Q. What did he say?—A. “I suppose
you have heard of the horrible mur
der in this factory. The directors and
I have decided to employ you to find
ihe 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 gin
off that day and that when she left he
heard voices on the stair. He said
that later he let Mrs. White out ot
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 1:10 o’clock and
went home for lunch. He said he
returned from lunch at about 2 o’clock
and went up to his office.
Scott testified as readily as though
we were reading a narrative.
Q. Give the jury a description of
how r 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. 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.
Q. Didri 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 hav^ ;io Joubi 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.
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 entered
the factor}'?—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: “I
want to refresh the memory of this
witness w ith the notes he took on the
case.”
Q. Mr. Scott, did you furnish a
report of this case to the defendant?
—A. Yos.
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. I read
your complaint.
Rosser objected. “I object to any
thing like this. Your Honor. It i
absolutely immaterial here how oi
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,” sail
the court.
Scott refreshed his memory from
his notes, and said:
“I 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 a♦
home when he went home at 1:10
o’clock?—A. He said he w-ent 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 Mary 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 as to whether
I may lead 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
Judge Roan.
“I 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 Rosser.
“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 submit 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 (he
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 w’rote these notes.
Rosser objected: “That is jtist ex
actly what I don’t want.”
Judge Roan ruled: "I don’t think
you can lead the witness at th a
stage of the game.”
Said Gantt and Girl Were Friendly.
Mr. Hooper interrupted: “As I un
derstand it, Mr. Dorsey has the rignt
to ask this witness what he wishes,
Continued on Page 4, Column 1.
FOR BRAIN FAG
Take Horsford's Acid Phosphate
Recoinrmnded for relief of tired nerves, brain
fa* and headache following mental strain or
overwork. Adv.
carlton’S Semi-Annual Reduction Sale
America's FOREMOST Clothing, Furnishings
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.
and Shoes to Go at Greatly Reduced Prices
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.
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. Tn this Sale will be included our eutire 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 , 19.00
22.50 Suits 16.85
ODD TROUSERS.
$25.00 Suits $18.75
30.00 Suits 22.50
35.00 Suits .. 26.25
40.00 Suits 30.00
NIGHTSHIRTS-PAJAMAS
.40
.60
$ 5.00 Values
$3.75
$ .50 Values
6.00 Values
4.50
.75 Values
7.00 Values
5.25
1 00 Values
8.00 Values
6.00
1.50 Values
9.00 Values
6.75
2 00 Values .
10.00 Values
7.50
2 50 Values
NEGLIGEE SHIRTS
UNDERWEAR.
$1.00 Values
.$ .75
$ .50 Values
1.50 Values
. 1.15
.75 Values
2.00 Values
. 1.50
1.00 Values
2.50 Values
. 1.75
1.50 Values
3.50 Values
. 2.50
2.00 Values
SILK SHIRTS.
STRAW HATS.
$4.00 values
$5 and $6 values
$2.75
$3.50
Z! tmw Half-Pri
.40
.60
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 | $4.00 Values $3.45
3.50 Values 3.15 j 5.00 Values 4.25
$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
$2.00 Values
$1.65
5.00 Values
4.25
2.50 Values
. : i.95
6.50 Values
5.85
3.00 Values
2.45
7.00 Values
5.95
3.50 Values
.... 2.95
350. PAIRS WOMEN’S SHOES
TO CLOSE OUT
AT $1.65.
BOYS’ OXFORDS.
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 g&t the best
shoe bargain you ever saw.
CARLTON SHOE & CLOTHING CO.,
-Six
Whitehall