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

Below is the OCR text representation for this newspapers page.

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. NEW MODEL Victor=Victrola JUST OUT $75' 00 Terms—$10 Cash $7.50 Per Month Hear the new August Viotor Records in our Victor parlors— first floor. Victor Victrolos, $15 to $200. Easy terms If desired! Cable Piano Co. 84 N. Broad Street. Sale Now On Correct Dress for Men” Essig Bros. Co. August Reduction Sale 33 1-3 Per Cent Off for Cash This Positively Is a Cash Sale 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'