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k’a;- surpriM-d 7—A. YV«A that* wh.it ^bought then. ^^.<4 - . ** 4. over ibjected loan Judge o^mony all 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- Fresh Georgia Eggs - - - Fresh Country But- nr* ter for Table Use aJU 1913 Beetone jr n Honey - - - I3U Fresh Tender Corn, in- dozen - - I "u Fresh Tomatoes, nip quart - - - - J2u 10 Bars 5c Laundry OEp Soap - - - - 20 lbs. Ice Cream Salt - - - - 2 Cans (3 pound) 1 Apples - - - 1 CONTINENTAL CASH GROCERY CO, 182 WHITEHALL STREET Jus! Below the High Rent Section 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. Funeral Designs and Flowers FOR ALL OCCASIONS, Atlanta Floral Company, 465 EAST FAIR STREET. Wolfsheimer 114-116 Whitehall Special For Cash Stew Meat . Brisket x_ Pot Roast Rib Roast Chuck Steak *—.IBc,. Round Steak *.T71~2o. Loin Steak . — Porterhouse Stealc 9.(\r ^ LAMB. 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