Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 31, 1913, Image 2

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2 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