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

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2 THE ATLANTA GEORGIAN AND NEWS f • _ RED SPOTS ON FACTORY FLOOR SMEARED OVER, SAYS SCOTT Swears Frank’s Lawyer, Haas, Called for Report Before Police Saw It DETECTIVES FIGURING PROM!NENTLY IN PHAGAN CASE AND FRANK TRIAL; J. N. STARNES. HARRY SCOTT. JOHN BLACK. Continued From Page 1. strands of reddish-brown hair on the lathing machine about 20 feet from the Phagan girl’s machine. Not Regarded Seriously. Barrett's finding of the pay envel ope was not regarded seriously by the defense. The envelope was begrimed and dirty. It must have been scraped about the floor considerably if it had accumulated all Its dirt between the time that Mary Phagan was last paid and the time that Barrett found it on the floor. It bore no date. It bore no number or name. It bore no amount The only scrap of writing on it was the loop of a letter which remained after the top of the envelope had been torn off. The loop might have been that of a “g,” a "y,” or any of the other letters that extend below the line of writing If it was the envelope of Mary Phagan there Is still the pos sibility that it was of another week. It was evident as soon as Harry Scott, the Pinkerton detective, was called that a sharp battle was to en sue over his testimony. A lively tilt occurred between Rosser and Dorsey before Scott had been on the stand five minutes. The tes timony 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 demanded the prlvllere of asking leading questions In order to determine whether Scott's memorv was faulty or if he was purposely holding something back. Haas Wanted First Reports. Th« Solicitor ^ot from his witness the details of his engagement by tha National Pencil Company and sougnt to emphasize that Herbert Haas, one of Frank’s attorneys, had tried to in duce Scott to withhold his eviden a from the police, but Scott tn cross- examination declare that Haas asked only that the evidence be given the pencil factory officials flrst. Scott testified that FYank in the flrst days of the investigation had told him that J. M. Gantt, a discharg:d factory employee, knew Mary Ph* • gnn well and was familiar and inti mate with her, the Solicitor by this evidence seeking to show a disposi tion on the part oi * rank to throw suspicion on someone else. The detective described Prank’s de meanor as extremely nervous at the Interview Tuesday night, April 29, b«« tween Frank and Le Scott said that Prank hung his head, crossed and re- crossed his leg*, rubbed his face and lips with one hand and then the othe r . and seemed not t^ know where to put his hands. Rosser GriHa Scott. Rosser, cross-e:.amlnlng 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 Prank 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 male a thorough search of the first fleor 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 chipped u~ before he entered the case. Rosser and £ ott “ngaged in a heat ed argument when Rosser called at tention to the fact that the detective had not mentioned at the Coroner’s inquest Prank’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 whole case in 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 started his ques tioning of Harry Scott with the •i un . " ■■■■■■■■■■ 1 . — query: Q. What is your business?—A. Pinkerton detective. Q. Do you know Leo 'Frank?—A. Yes. Q. When did you first see Prank?* A. Monday, April 28, at 7 p. m. Q. Where was that?—A. In Frank’s private office. Q. What was Prank’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 expression of his eyes was about as they are now. Frank, sitting a few feet away, wore the same cool expression he has had since the beginning, his face utterly devoid r.f emotion. The expression of his 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 1 have decided to employ you to find 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 gin off that day and that when she left he heard voices on the stair. He said that later he let Mrs. White out of the factory at about 1 o’clock. She saw a negro sitting on a box at the foot of the stairway. Prank 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 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. 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 doubt 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 when Mary Phagan entered 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: “I 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 case to the defendant? —A. Yes. 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 t< absolutely immaterial here how or 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 hi« notes, and said: “I now state that Mr. Frank told me he heard those voices before 1* 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 at home when he went home at 1:10 o’clock?—A. He raid he went 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 a?* to whether I may le-id 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 Rofser. “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 Note*. “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 f 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 wrote these notes. Rosser objected: “That is just ex actly what I don’t w’ant.” Judge P.oan ruled: “I don’t think vou can lead the witness at th -.a stage of the game.” Said Gantt and Girl Were Friendly. Mr. Hooper interrupted: “As [ un derstand it, Mr. Dorsey has the right to ask this witness what he washes, Continued on Page 4, Column 1. * 1 FOR BRAIN FAG Take Hertford's Acid Phosphate Recommended for relief of tired nerves, brain fag and headache following mental strain r 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 entire stock of Spring and Summer styles; aud there will be some very exceptional values in blue serges, tropical worsteds and mohairs. 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 tipon these two features, as much as on their exclusive stylishness, rests the'popular favor accorded this dependable footwear. Hanan’s aud other popular makes will be included in the following offerings. J** ?■> Benjamin ClottfC* $15.00 Suits $11.25 $25.00 Suits $18.75 18.50 Suits 13.85 30.00 Suits 22.50 20.00 Suits . 15.00 35.00 Suits 26.25 22.50 Suits . 16.85 40.00 Suits^ 30.00 ODD TROUSERS. NIGHTSHIRTS -PAJAMAS $ 5.00 Values . $3.75 $ .50 Values $ .40 6.00 Values .. 4.50 .75 Values 60 7.(70 Values .. 5.25 1.00 Values 75 8.00 Values .. 6.00 1.50 Values 1.15 9.00 Values .. 6.75 2.00 Values 1.50 10.00 Values .. 7.50 2.50 Values 1.90 NEGLIGEE SHIRTS. $1.00 Values $ .75 1.50 Values 1.15 2.00 Values 1.50 2.50 Values 1.75 3.50 Values 2.50 SILK SHIRTS. $4.00 values $2.75 $5 and $6 values $3.50 UNDERWEAR. $ .50 Values $ .40 .75 Values 60 1.00 Values * .. .75 1.50 Values.. 1.15 2.00 Values 1.50 All Straw Hats .... STRAW HATS. Half-Price 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 * $5.50 Values $4.65 GROWING GIRLS’ OXFORDS AND PUMPS. $2.50 Values $2.15 | $3.00 Values $2.45 $3.50 Values $3.15 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 email 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., -Six Whitehall