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THE ATLANTA GEORGIAN AND NEWS.
CONLEY, SWEEPER, LIKELY TO BE LAST WITNESS
Frank Startled When Woman Came Upon Him Suddenly
FOR STAlt)
in His Ofnce
Continued From Pago 1.
to pave the way tor the appearance
of Conley, who. 1t la believed, would
be the last wltnees to be railed by
Solicitor Dorsey, as he would be the
most spectacular.
The first witness said her husband
bad been worklnsr at the Nation tl
Pencil plant about two years.
Tells of Going to Factory.
Q. What Is your husband’s name?—
A. John Arthur White
Q. Where does he work?—A. At the
National Pencil Factory. He las
worked there about two years.
Q. Where was he April 28?—A. At
the pencil factory.
Q. Did you go to the pencil factory
that day?—A. Yes; about 11 o'clock.
Q. Did you see Prank?—A. Yes; he
was In his outside office.
Q. What did you say to him?—A. 1
told him I wanted to see Mr. White.
Q. What did he Bay?—A. He asked
me if I was his wife. He said he
thought so, as I looked like the Camp
bells.
Q Did you see your husband?—A
Yes; he sent for him.
Q. Did you go upstairs at 11:30 a.
m.?—A. No.
Q. What time did you leave?—A.
About ten minutes to 12.
Says Frank Jumped,
Q. What time did you come hack?
—A. About 12:30.
Q Whom did you see?—A. 1 saw
Mr. Frank standing at the safe in his
office.
Q. What happened then?—A. 1
asked him if I could see Mr. White.
As 1 spoke to him he Jumped.
Q. What did you do then?—A. 1
went upstairs to see Mr White
Q. Did you see anybody else In the
office except Denham, White and Mr.
Frank?—A. No. sir.
Q. Did you see anyone else as you
came down?—A. I saw a negro.
Q. Where?—A. He was sitting on a
box near the stairway that leads up
to the second floor.
Q. Where did you see Frank the last
time?—A. In his outside office.
Q Where was your husband and
Denham at work?—A. On the fourth
floor
Said Sh« Had Better Go.
Q. What were they do!ng?-A
Working on a machine with a ham
mer.
Q. When did you first hear the ham
mer?—A. When 1 got on the fourth
floor.
Q. Did you see Frank again before
you left?—A. He came up on the
fourth floor.
Q. Did anybody say anything about
your going up to the fourth floor?—•
A. Yes; Frank told me to go up there.
Q. What time did Frank come to
the fourth floor?—A. Some time be
fore 1 o'clock
Q. Where were you at 1 o'clock?—
A. At McDonald's furniture store.
Q. Why did you leave before 1
o'clock?—A. Mr. Frank said, "Arthur,
If your wife wants to get out before
3 o'clock she had better leave now. 1
will go as soon as I get my hat and
coat."
■v, Frank in Office as She Left.
Q. When you came down, did you
see Mr. Frank?—A Yes; when 1 went
down he was sitting In his office.
Q. Did he have on his hat and coat
as If he were going < tt?—A. No.
Q, What was he doing?—-A. Writing.
Q, Could your husband and Den
ham see the stairway from upstairs
where they were working?—A No.
Rosser took the witness on cross-
examination.
Mrs. White, you talked about this
matter to Mr. Arnold and myself,
didn't you? You told us you left the
factory about 1 o'clock?—A. Yes.
Q. You don't mean to change your
statement by saying it was ten min
utes to 1 when you left, do you?—A. I
can t say exactly what time It wa.a
but I know it was about 1 o’clock.
Q. You left there the first time
about 11:30 o'clock?—A. Yes.
Q. Who were there?—A. Two men,
Mr. 1-Yank and a stenographer.
Q. Your father and your brother
are old employees there, aren't they?
—A. Y’es.
Q By whom did he send word io
your husband that you were there?—
A. Miss Emma Freeman
Q. How long was it before your
husband came?—A. About five min
utes.
Q. Who else was there?—A. Mias
Hall. Miss Freeman. Mrs. May Bar
rett and her daughter.
Q. You came back to the factory
about 12:30. didn't you?—A. Yes.
Q. How accurate are you about
that?—A. 1 looked at the clock.
Q How close were you to Mr.
Frank befoTe you spo. ?—A. 1 was ia
office door Just beh -d him.
W.. i imnari a n fl V-.l thflilff.it htt
wa» going to leave, he said you had
better go pretty noon?—A He said I
had better go now.
Q. You did wait a few minutes?—A.
Yes.
Q. Just where did you wee the darky
ah you went out?—A. Between ths
stairway?—A. Five or six feet.
Q. What do you mean—between the
foot of the stairway and the door? —
A Yes
Q. How far from the foot of the
atari way?—A. Five or six feet.
Mr. Rosser took a blueprint to ex
plain the position In which she saw
the negro.
Q. How long after this war It that
you talked with Mr Dorsey about see
ing this negro? Wasn’t It four or
five days?—A. No, sir; about two
weeks.
Mrs. White left the stand. Arthur
White, her husband, was called, but
failed to answer his name. M. V.
Dailey, assistant superintendent at
the National Pencil Factory, was
called.
Darlsy on 8tand.
Q. What Is your business?—A. As*
slstant superintendent at the Nation
al Pencil Factory. I have charge ol
the manufacturing nlant.
Q. Who Is your superior?—A. I con
sidered Slg Montag.
Q. You and Frank worked together,
didn’t you?—A. Yes.
Q. Were you at the factory Sat
urday. April 26?—A. Yes.
Q. WhAt time did you leave?—A.
About 9.40.
Q. When were you there again?—A
Sunday morning about 8:10 or 8:20.
Q Why did you go there?—A. Mrs.
Frank called me.
Rosser objected.
“I object to anything Mrs Frank
said. She can’t be used as a wit
ness.” he said.
“Your honor, we have already
shown that Frank told his wife ta
call this man,” said Solicitor Dorsey.
“If that's all you want to show, 1
withdraw' my objection,’’ said Rosser.
Q. What time did Frank call at the
factory?—A. Shortly after l did.
Q. Did you notice anything unusual
about Frank?-—A. When he reached
out his hand to start the elevator, it
was trembling. And again when he
went to nail up the back door, he was
so nervous he couldn’t do It, and I
did It for him
Said Body Made Him Nervous.
Q. What, if anything, did Frank
eay?—A. I don’t remember He said
something nbout having on a new suit
of clothes, or something.
Q. Did he say anything about not
having breakfast?—A. He said he
hadn’t had his breakfast and wanted
a cup of coffee.
Q. Did be say anything about be
ing nervous?—A. Yes; he said they
took him by Bloomfield’s and into a
dark room, where they turned on the
light suddenly and he saw the girl.
He wild it made him nervous.
Q. Were you there when Newt Lee
was?—A. Yes.
Q. Was Lee nervous?—A. No; he
was composed
Q. Did Frank say anything about
the murder?—A. He was under the
Impression the murder occurred in the
basement
Q. Did he say anything about the
lock and staple?—A. Yes, he said it
looked like It was mighty easily
pulled.
Stapls Easily Pulled.
Q Did you observe anything about
the staple?—A. Yes; it looked as if
It bad been taken out easily.
Q. Did you see Frank again?—A.
Yes, the following day.
Q. Did he say anything about his
nervousness of the day before?—A.
Yes; he said something, but I have
forgotten
"Your honor," said Dorsey, “1 would
like to refresh the witness’ memory by
reading his previous statement.”
"You can only show It to him," an
swered Judge Roan.
Dorsey showed Di.rlev the affidavit
Q. Just tell everything you hear l
Frank sa> about the murdeT—A. 1
don’t remember.
"Your honor, I would like to read
this,” said Dorsey
Forgets Vital Evideno*.
Rosser and Arnold objected
"He will have to make the usual
showing that he was entrapped. youT
honor," *aid Arnold.
"He Is trying ot brine in evidence
from the outside." said Rosser.
"You can't read it, Mr. Dorsey, ’
said Judge Roan.
“My friend Dorsey would show any
thing, your honor,” said Rosser.
"Nothing’s too good for him.”
Q. State to the Jury how much
Franks body was nervous?—A. That
is a pretty hard queetion.
“Look at thi«," said Dorsey show
ing him an affidavit.
he was shaking all
the witness.
he was making that statement now.
Darlsy’s Replies Guarded.
"Judge, that's a very hard question
for me. ' answered Darley. "He reach
ed up to get the ropes, and his hands
were shaking very much.”
Darley appeared very reluctant to
answer any question that might in
criminate Frank
Q. Who nailed up the hack door of
the basement?—A. I did.
Q. Was Frank able to do it?—A. He
was able to do It, I think, but he was
nervous.
Q. How did Frank’s face appear on
do now," returned Mr. Rosser.
Mr. Dorsey put his question again.
A. He was somewhat upset, but
did some things around th« factory
that he could not have done If he had
been completely upset.
8tate Wins Clash.
Q Was he done up?
"I object,” broke in Mr. Arnold.
"He may mean that he was dead by
'done up .”
"Leave It to the Jury to deride what
is meant by ’done up.’.’’ said Dorsey.
"It isn’t for you to decide what is
to go before the jury," retorted Ros
ser. "That is for the judge."
Judge Roan ruled the question was
admissible.
A He was partially done up but
mits this question to be asked, I want I J"
to be recorded as protesting.” I)
"Do you insist on the question?”
asked Judge Roan of Solicitor Dor
sey.
Dorsey and Hooper conferred.
"I am willing to strike out all ref
erence, to Newt Lee’s condition," said
Dorsey.
Attorneys Exchange Courtesies.
"I am glad It has finally dawned
on my brothers that th£se questions
are illegal,” said Rosser. “I have
been trying to get them to see and I
am glad to say the light finally has
dawned upon them.”
"Your Honor," interrupted Hooper,
"I object to Mr. Rosser's statement
about how long it takes anything to
soak into my head. A reference to
STATE'S
SKE1
WITNESSES
CHED AT TRIAL
W
Harry Scott, Pinkerton detect
ive, in a characteristic attitude
testifying.
Claude E. Smith, city bacte
riologist, showing the jury the
blood-stained shirt found at
Newt Lee’s home.
rott was a monomaniac,” said Arnold.
Judge Roan ruled: “You can show
that this man was more than ordi
narily interested.”
Q. Do you recall Barrett stating he
was working for a reward?—I don't
recall.
Dorsey? tf l object.”
Judge Roan ruled: “I have ruled
that he can show that to prove in
terest.’’
“I want to show that this man was
a regular Christopher Columbus.”
Q. Do you know who Barrett made
this statement to?—A. No.
Q. Is this a pay envelope?—A. Yes.
Pay Envelopes Common.
Q. Are they thrown all over the
factory?—A. Yes. We have a rule
that if there is any mistake In the
pay roll it had to be reported before
the employee left.
Q. They are very common in the
K. F. Holloway, pencil factory foreman, who said that he saw Frank return to the factory Sat
urday forenoon unaccompanied.
the second floor?—A. It was very
pale.
Q. Was he upset when you got to
the factory?
Rosser objected, but was overruled
A. I can’t say he was completely
upset.
"Now, look here," said Dorsey,
walking toward the witness with his
affidavit.
“Your honor,” interrupted Rosser,
"he can't speak to the witness in that
nasal tone. It is his witness. He
can’t cross-question him."
"That’s right,” ruled the Judge. N
"Rut, said Mr. Rosser, "your Hon
or has not been enforcing that rul
ing”
”! am going to enforce it,” replied
not completely.
Q. Why do you say that?—A. He
did some things he could not have
done if he had been wholly done up.
Q. Who was with you on the way
to the police station?—A. I got in
an automobile. 1 afterward learned
that it was pun by "Boots" Rogers.
Mr. Frank sat on my knee.
Q. What was his condition?—A. He
was trembling all over.
Q. To what extent?—A. He was sit
ting on my knee and I could feel his
body shaking.
Q. What was the condition of Newt
Lee?
"I object.' said Rosser. "I have
been objecting to this line of testi-
If your Honor per-
Newt Lee’s attitude was made the
other day. W e see the object of these
objections is to lead into a large
field of lnvesigation. We want to
strike it all out"
Dorsey continued questioning the
witness.
Q. Did you attend to any business
Monday?—A. There wasn’t much
work to do.
Q. Did you see the financial sheet
Monday?—A. Yes.
Q. Did Frank say anything about
the financial sheet Monday?—A. Yes.
Mr. Frank called my attention to it.
Q. What did he say, and at what
time?—A. I dont’ recall the conversa
tion. but it was about 9 o’clock.
Q. Did Gantt ever come to the fac
tory’ after he was discharged?—A.
Yes.
Ordered Factory Cleaned.
Q. Did Frank say anything about it?
—A. I don’t recall.
Q. Did Mr. Haas, the insurance
man, come to the factory Monday or
Tuesday?—A. He did.
Q. What did he do?—A. He ordered
us to clean up the factory In a gen
eral way.
Q. What time did you clean up the
main floor?—A. May 3.
Q. Did you know anything about
the finding of this club? (The witness
was handed a heavy stick.)—A. No.
Q. Do you know’ whether it was
found before or after the cleaning
up?—A. Afterward—about May 15.
Arnold here took up the cross-ex
amination.
Q, Did you see any spots on the
floor?—Y’es, in the dressing room.
Q. Who showed them to you?—A.
Quinn.
Calls Barrett a “Columbus.”
Q. Where was the hair found?—A.
On the handle of the lathe.
Q. How was it?—A, Wound around
the lathe.
Q. Did Mr. Barrett find it?—A. Yes
Q. How many strands of hair were *
there?—A. Not over six.
Q. Barrett has been doing most of
the discovering around there, hasn't
he?
"I object.” said Dorsey. "The ques
tion is immaterial."
"I want to show that this man Bar-
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metal room?—Yes.
Q. Were you present Sunday mom*
ing when Frank took out the tlm*
slip?—A. Yes.
Q. Did you see him run his flngeap
down the time slip?—A. Yes. He ran
his finger down the number side* I
was looking over his shoulder.
Q. Is there a row of figures down
the number side?—A. Yes.
Q. Did Frank say anything?—A.
Yes. He said they were all punched
and I verified it.
Q. How did you do it?—A. Just
loklng at the numbers. We would
not have noticed a skip in the time.
Juror Asks Question.
Attorney Arnold addressed the
court:
“Your honor, a juror wants to ask
a question, but Mr. Hooper objects.”
“I don’t object to his asking the
question, but I do object to Mr. Ar
nold giving the answer,” said Mr.
Hooper.
Juror Marcellus Johemming asked
Darley to explain the time clock sys
tem, which Darley did.
Arnold took up the financial sheet,
Q. What did Frank say about the
financial sheet?
“I object,” said Hooper. “He can
ask him about the sheet, providec&Ht
is later put in evidence.”
"We will put It in all right," said
Arnold, "and plenty of other evidence.
You need not worry about that.”
Q. When was the financial sheet
made up?—A. Saturday afternoon.
Q. You were interested?—A. Yes, H
was my duty to see it. It dealt with
the cost of production.
Q. What time was it made up—'that
is, what day of the week did it show
last?—A. Thursday.
Financial Sheet Introduced.
Q. Who makes it up now?—A. One
has not been made out since Mr.
Frank left?
Q. How long did it usually take
him to make it out?—A. Always from
about 2:30 or 3 until 5 o’clock.
Q. Look at this and tell me if this
Is the sheet you found on his desk
Sunday morning?—A. Yes.
Q. How does it compare with his
regular handwriting?
Dorsey objected.
"I object, your honor,” he said. “The
writing is the best evidnee.”
Q. I want to ask you are ybu
familiar w’ith Mr. Frank’s writing?—
A. Yes, I have been seeing it about
five years.
Q. Now, I want to ask you one
question, but don’t answer until we
get a ruling. Does this compare fav
orably with all of Mr. Frank’s writ
ing?
Dorsey objected.
Ruling on Handwriting Reserved.
“The code says, your Honor, that we
are entitled to the very best evidence,"
the Solicitor said. “This section holds
that in any question of handwriting
that an expert must testify, and the
papers or specimen of handwriting
on the day in question and on other
days should be Introduced. The Jury
might not agree with the witness that
the sheet in question ai.d other sheets.
Continued on Pag© 3, Column 1.
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