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THU ATLANTA U&UKlilAJN AND NEWS.
DETECTIVE SCOTT PROVES
RED BANDANNA, A JACKKNIFE AND
PLENNIE MINOR PRESERVE ORDER
FOR STATE AND DEFENSE
Continued From Page 2.
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, your 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 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 the police. We told
him we would withdraw from the
case before we would do that."
Q. Who did the talkine 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.
O 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
posted ?
"He answered that question." Inter
rupted Rower.
"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.
Dorsev 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 New* Dee.
•We had been talking to Dee. Mr.
Black told Mr. Frank he didn’t think
Newt Dee was telling all he knew. I
said about the same thing. We asked
him if he would consent to go Into a
room with Dee and try to get th*
truth out of him. He agreed to and
we left them alone together about ten
minutes. When we Interrupted. Dee
did not seem to have finished his con
versation. ‘Mr. Frank,’ Raid Dee, 'it’s
awful hard for me to be handcuffed tn
this chair.’ 'Well, they got me, too,’
said Frank. Frank told me later they
did not gel anything out of the negro
Q What did Frank do?—A. His
hettd was dropped.
Q. What was Frank’s attitude at the
police station?—A. He was extremely
nervous.
Q. On what do you base that sta •-
ment?—A. He didn't know what to do
with his hands and feet. He rubbed
hif* fa^e with his nands ar;d 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?-^ "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 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 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: "J object to anything that
was said except what was said lo
Haas."
.Fudge 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 interrupt** "Haas never told
us not to give the reports to the po
lice, but merely to report to him first."
Q. Didn’t you testify before the
Coroner's inquest everything you
know?—A. Yes: but 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 glv* It to me in
your report?—A. Hither I didn't think
GnntI wag a suspect or It was an
oversight.
Q. Well, why didn’t you tell the
Coroner about what Prank said about
Oantt and Mary Pha*sn? Gantt was
a suspect then, wssn’t he?—A It
must 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
Prank holding hia 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 minuteB.
Admits Working for Frank.
Q. You have stated here vou were
working In the Interest of Prank, the
defendant?—A Yes
Q. You etated there that you were
employed by the National Pencil Com
pany—A. Yes; Prank was the man 1
talked to. He had to see Mr. Monts*
before he could employ me.
Q. Didn’t you say before the Coro-
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 his Job to keep order In Judge
Roan’s courtroom, while Deo 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 'rial or try to and each one looks
to Plennie Minor, to see to their per
sonal accommodatk>n.
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
popuWr 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, htflf^e 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 m.e^ry quip, that
laughing is entirely as out of place at
a murder trial as orange blossoms arc
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 pufilic
interest is great.
ner’s Jury that all you could find out
about the conversation between Frank
and Dee was from Dee?—A. Yes.
Q. You didn’t say a word about
overhearing Dee 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 sistar 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 say 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 tha
whole story. Neither was I cross-
questioned before the Coroner.
Q. You didn’t say anything about
Mr. Frank being nervous before tha
Coroner?—A. I said I 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 Dee
aid 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 recrosslng his legs r
—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 tob much sense to tell everything
I know at a preliminary hearing.
Q. Weren t you telling all you knew 0
—A. In a general way. I am not fool
enough to gc into detail with a fine-
tooth comb at a Coroner’s inquest.
Rosser: ’Your honor, ttyis witness
is provoking me."
Dorsey: "I submit, your honor, that
he has a right to answer the ques
tion."
Judge Roan: "Don’t argue with the
attorney. Mr. Scott.”
Rosser:
Q. Det’s go back. You work w'ith
the police, don’t you?—A. Yes.
Q. You never work against them.
You just get in the road with them?—
A. Yes.
Q. You will work against your
client with the police, won’t you?—
A. Sometimes.
Q. You testified about the blood
spots, but nothing about the white
stuff over it?—A. Yes, I think that’s
right. ,
Q. That conversation you saia
about Frank, are you sure that state
ment didn’t come from Darley?—A.
Yes, I am quite sure Frank dictated
them in his office.
Mental Notes. •
Q. You are sure you didn’t take
these notes during your inspection of
the factory?—A. Yes. I only took
mental notes and wrote when we got
back to the factory.
Q. You are not positive on
that point?—Yes, because it was so
dark I could not see in the factory.
Scott Corrects Report.
Q. Mr. Scott, you say now that Mr
Frank told yep when the little girl
asked him if the metal had come. Mr.
Frank replied, "I don’t know?”—A.
Yes.
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 T don’t know'?
Don’t you know' that the meanings of
the words are quite different?—A. It
was Just a grammatical error. I no v
sw'ear 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 you 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 ir\
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 vou 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 sw'ear what day it wis
reported to the police?—A. No.
Q. About the police—do you follow
the facts, or the theory?—A. I don’t
'juite understand.
Q. Report in full to the jury what
you mean by working with the po
lice?—A. Mr. Black and I 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 was 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.”
Monteen 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 Grace 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. Wfiere were you working April
26?—A. The day Mary Phagan w r as
killed?
“Yes,” said Dorsey.
A. Nowhere.
Q. Did you ever work 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. 12:06 o'clock.
Q. 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
rear that leads to the women’s dress
ing room?—A. Yes.
Q. Was it opened or closed?—A. It
was closed.
Q. Had vou ever noticed It before?
—A. Yes.
Q. Wasn’t usually opened or closed?
—A. Sometimes opened and some
times shut.
Q. Did you notice the clock?—A.
Yes.
Q. What time was it?—A. 12:0R
o’clock when 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 you 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
genthman’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. Mirs M^nteen, 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.
Q. Then you got up and went
home?—A. No, I went back into the
office, looked around and seeing no
one, left 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 door
open and sometimes closed?—A. Yes,
■lr.
Reads Affidavit.
Q. How many times has Solicitor
Dorsey talked to you about this case?
—A. Once. I went down to his offico
and macte'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 was
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 tt.
Door Open and Closed.
Then Dorsey questioned th© wit
ness:
Q. Having refreshed your memory,'
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 1 or closed?—A.
Closed.
Q. All the time?
Attorney Rosser objected: “You are
leading the witness." *
The objection was sustained.
Q. What door are you referring to?
A. The door right back from Mr.
Frank’s office.
Lawyers Clash Again.
Rosser then took the witness on the
recross - exami nation.
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 dressiifg
Continued on Page 5, Column 1.
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