Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 31, 1913, Image 4

Below is the OCR text representation for this newspapers page.

THE A THANT A UL.UKlilAJN AN U NEWS RED BANDANNA. A JACKKNIFE AND PLENNIE MINOR PRESERVE ORDER Sale Now On Essig “Correct Dress for Men Bros. Co. August Reduction Sale 33 1-3 Per Cent Off for Cash On our entire stock of Men’s and Young Men’s fine Spring and Summer Suits. Cassimeres, Worsteds, Cheviots, Homespuns, Crash, Mohair, Blue Serge. Nothing reserved. 125 Suits in Mohair, Cheviots and Worsteds just received (late delivery). All are included in this sale. All Suits That Were: 15.00 Reduced to $10.00 $18.50 Reduced to $12.35 $20.00 Reduced to $13.35 $22.50 Reduced to $15.00 $25.00 Reduced to $16.65 $27.50 Reduced to $18.35 $30.00 Reduced to $20.00 $35.00 Reduced to $23.35 25 Per Cent Off on All Odd Trousers $5.00 Pants, now $3.75 $6.00 Pants, now $4.50 $7.00 Pants, now $5.25 $8.00 Pants, now $6.00 $9.00 Pants, now. $6.75 $10.00 Pants, now $7.50 We sell the famous Paragon Trousers ALL STRAW AND PANAMA HATS 1-2 PRICE Our Suits are made from the best foreign and domestic woolens, by America’s foremost tailors, in sanitary work rooms. ESSIG BROS. CO. k Correct Dress for Men" 26 Whitehall Street FBI STATE AND DEFENSE Continued From Page 2. j vflled 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, your hon or.” he said, 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 Rank 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 th^ police. We told him we would withdraw from the case before we would do that." Q. Who did the talking 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 anv 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 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 Rosier. “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. \. 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 We had been talking to Dee. 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 w*e interrupted. Lee did not seem to have finished his con versation. ‘Mr. Frank,' said Lee. ‘it’s awful hard for me to be handcuffed ts 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 what do you base that state ment?—A. He didn’t know what to do with his hands and feet. He rubbed his 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 und 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 w’as 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 thfc time between 12 and 12:30, were you In your private offloe?” 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-examination. Didn’t Order Reports Held. Q. You sent a report to me?—A. Yes. Q. Did you report this, “Mr. Pierce and myself w-ent 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: “I object to anything tha f 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 tha: he stood still.” Scott interrupted: “Haas never told us not to give the reports to the po lice, hut merely to report to him first.” Q. Didn’t you testify before the Coroner’s inquest everything you know?—A. Yes; hut 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. Kither I didn't think Gantt was a suspect or It was an oversight. Q. Well, why didn't you tell the Coroner about what Frank said about Gantt and Mary Phagan? Gantt was Frank's presence about Newt I.ee , J len ' WBSn * —A It .... i a v. t.n.in. i xi- pnust 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 word about Frank holding his head down when you and Black Interrupted his Inter view with Newt I.ee?—A. I don’t re call. I haven’t read the minutes. Admits Working for Frank. Q. You hax'e stated here you were working In the Interest of Frank, the defendant?—A. Yes Q. You stated there that you were employed by the National Pencil Com 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 Cor.-i- Flemrie Minor, chief deputy sheriff, who is depended upon to uphold the majesty of the law and dignity of the court at the Frank trial He does. p7-"5;- He Raps With the Barlow Blade and Waves the Oriflamed Kerchief Judiciously. Plennie Minor, chief deputy sheriff, has a man’s sized Job on his hands and he handles it with the aid of a red bandanna handkerchief and a pocketknife. More formidable armament has been invented, but the oriflammed kerchief and the barlow blade are all that .Plennie Miner requires to per form a duty that many would deem arduous, all of which shows that the deputy sheriff is a man of resource and ability. It Is hl.s Job to keep order in Judge Roan’s courtroom, while Leo Frank is being tried as the slayer of Mary Phagan. It’s a real Job, when it is considered that during each day at least two thousand persons attend the trial or try to and each one looks to Plennie Minor, to see to their per sonal accommodation. Everything is Up to Him. Minor is a public officer, ergo a public servant, and the public expects him therefore to attend to all its wants from a seat beneath an elec tric fan to a drink of ice water. In the old days before Democratic simplicity and grape Juice became popular in the public mind, Minor would have been equipped with a periwig and a mace. These things were supposed to impress on every one the majesty of the law. A red bandanna can never rank with a periwig as an emblem of authority. A pocketknife is hardly in the mace’s class. But Minor keeps the law’s su premacy as firmly fixed as the rock of Gibraltar, which shows there is considerably more to him than the bandanna and the knife. When he wipes his rather high brow with the bandanna, spectators at the Frank-trial, turn toward him with respect. When he raps on a chair leg with his knife, htilf jjie courtroom >s as quiet as a drum with a hole in It. And if the bandana and the knife are not performing their duties effi caciously. Minor has other resources. If the spectators wish to titter or to squirm. Minor makes an oration aft er he has flourished the bandanna and played the long roll with the knife. He tells the spectators that a court room is no place for merry quip, that laughing is entirely as out of place at a murder trial as orange blossoms are at a funeral, and he’ll be gosh dinged —or words to that effect—if he will have it. His methods are thorough. They get results. This is proved by the fact that he is called on to officiate at every hearing in which the p/lic interest is great. ner’s jury that all you could find out about the conversation between Frank and 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 sistw* who couldn’t refresh his memory. Do you think a man can re member verbatim everythin^ said a year ago' Q. Hold on; don’t lose your temper. —A. I’m not losing my temper. Q. Now, you didn’t «ay 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. I don’t write out thf whole story. Neither was I cross- questioned before the Coroner. Q You didn’t say anything about Mr. Frank being nervous bafore tha Coroner?—A. I said 1 wasn’t cross- 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’t say anything about his crossing and recrosstng his legs” —A. I don’t think the Coroner asked me. Q. You didn’t my anything abou» 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 a 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.” r>or?*t y; I submit, vour honor. thAt he has a right to answer the ques tion.'’ . ! Judge Roan Don't argue with the attorney. Mr Scott.” Rosser Q 1 vet's go back- You work wit<* I th<* police, don't you*—A Yes. q You never work against them Yon Just get Jn the road with them?— j A. Yes q You will work against your client with the police, won't you?— ' A Sometimes G You testified about the blood spots but Twvttomr about the white sr. ff over it?—A Yes. I think that s right Q That conversation you sa:a .betrt lYank. are you sure that state- rr*f-n didn't com*, from Dhriey?—A Yes, 1 am quite sure Frank dictated them in his cfScv. Wentaf Note*. Q You are sure you didn't tako jj notes during your imsporuo® of the factory?—A Yes. I only took me.mail notes and wrote when we got bfi-'-.k to the factory. Q Y tvs are not positive on that point*—Yes. be-wase it was so dark 1 cciald not see in the factory. Scott Corrects Report. Q.. Mr you >ay now that Mr ’ Frank tcvd yen when the titt’e girl asked the metal had come. Mr. Frank rented. **I don't know?"—A Ye- Q Didn’t you swear before the Cor oner that he 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 vrords are quite different?—A. It was Just a grammatical error. I no v 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 identify the report) that he told vou 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 you 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 May 15. Q. Do you swear what day it wis reported xo the police?—A. No. Q. About the police—do you follow the facts, or the theory?—A. I don’t quite understand. Ho*?—a. Mr. Black and 1 worked in partnership and reported to the police 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, where the hair wai found; saw the blood stains. went down to the basement and were shown where the body was found. We saw where the slipper was found. “That’s all. Call Miss Monteen Sto ver.” Montaen 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 (Irace 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. Nowhere. Q Where were you working April 26“ A The day Mary Phagan was killed? “Yes.'' said Dorsey. A. Nowhere. Q. Did you ever w r ork 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* C 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 renr that ' ?ads to the women’s dress ing room?—A Yea. Q Was it opened or closed?—A. It r*s dosed. q. Had you ever noticed it before? — A Yes Q Wasn’t usually opened or closed? — A Sometimes opened and some- r.mes shut. Q Did you notice the clock?—A. Tea Q What time was it?—A. 12:05 oV.ock *hen 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 vou look at the clock when you went in?—A. Yes. I 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 repeat this witness’ memory on this point from an affidavit she made? Rosser—I object, your honor. He can’t show her that. Judge Roan—Did she read the statement before signing it? Dorsey—It was read to her. Rosser—It might have been 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 you see any person?—A. No, sir. Q. Did you notice the desk in the office? Did you notice a wardrobe? A. No. Q. What did you do?—A I walked in the front office, saw no one. and went and sat down on the bench near the stairs. W Then you got up and went. * home?—A. No, I went back into the’ office, looked around and seeing no one, l£ft the building. Q. You went straight home?—a Yes. Q. The factory was still in quiet When you were there?—A. Yes. Q. That door to the metal room — you had worked in metal department and you sometimes saw the dojr open and sometimes closed?—A ■ir. * Reads Affidavit. Q. How many times has Solicitor Dorsey talked to you about this casi? —A. Once. I went down to his offic* 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 wis 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 the Stover girl could look at the affidavit to re fresh her memory. Solicitor Dorsey handed it to the witness and she slowly read It. Door Open and Closed. Then Dorsey questioned the wit* ness: Q. Having refreshed your memory, 4 >' Miss Monteen, state whether that back door usually was open or closed? A. Sometimes it was open and some times it was closed. Q. When the factory was not run ning, was it open or closed?—A. Closed. Q. All the time? Attorney Rosser objected: “You are 0 leading the witness.” » The objection was sustained. k Q. What door are you referring to? ’ t A. The door right back from Mr. Frank’s office. Lawyers Clash Again. Rosser then took the witness on the recross-examination. Q. Was Mr. Dorsey present when you heard that affidavit read?—A. No. “Your honor. Mr. Dorsey said it was read to her,” said Mr. Rosser. “How did he know?” “She said it was read to her,” re torted Dorsey. “No, she didn’t,” said Rosser. “I call for a reading of the rec ords,” said Dorsey. “It is not of enough importance,” returned Rosser. Then Monteen Stover was excused, and R. P. Barrett, a machinist at the National Pencil Factory, who found the hair on the lathing machine, was called to the stand. Solicitor Dorsey questioned him. Q. What is your business?—A. Ma chinist at the National Pencil Com pany. Q. What did you see near the water cooler in Mary Phagan’s dressing Continued on Page 5, Column 1. NEW MODEL Yictor=Victrola JUST OUT $ 75 .oo Terms—$10 Cash $7.50 Per Month Hear the new August Victor Records in our Victor parlors— first floor. Victor Vlctrolos, $15 to $200. Easy terms if desired! Cable Piano Co. 84 N. Broad Street. This Positively Is a Cash Sale