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' * ■ r THE ATLANTA GEORGIAN AND NEWS. SHEET TESTIMONY OF STATE AIDS DEFENSE OF ACCUSED Exceptionally Clear Brain Required on Such Figures, Rosser Shows r' Builds Up Preliminary to Intro duction of Sweeper as Climax of Prosecution. Continued From Page 2. are similar. They can be produced, and they should be.” “I will withhold my ruling until I look up some authorities.” replied Judge Roan. "I will ask the witness something elee,” said Arnold. Q. What process did Frank have to go into to get at these results?—A. He had to get reports from every de partment, figure averages, costs, sales, profits, expense. Figures Required Clear Head. Q. It took a man with a good clear head to figure it?—A. Yes. Q. What calculation was necessary to arrive at the net result?—A. The amount of rubber tips, labels, and every other little detail must be cal culated. Q. It required a large amount of calculation?—A. Yes. Q. Sunday, were you in the factory with Frank and Detective Starnes? A. Yes. Q. There were forty or fifty peo ple in the factory Sunday, were there not?—No. not over pix or eight. Q. Did you go into the cellar?—A. Yes. Q. What time did you get to the factory?—A. 8:20. Q. There was ;i great deal of ex citement there? Dorsey objected. "t think your Honor has already ruled on this ques- tion,” said he. Calls Nervousness Natural. Arnold interrupted. “Your honor, it i6 eminently un fair,” he said. “I want to show that this young man was whisked from his home before he had his coffee, and it was nothing unusual if he was excited. Why, I lived at a board ing house with some old bachelors, and they wouldn’t even talk before breakfast. When Newt Dee first saw this girl in the basement he ran like a turkey. That was one way of showing his excitement. Some men are naturally nervous; some show nervousness in reading a paper or making a speech; some men go into battle without even flinching.” Judge Roan ruled: “I think you can show the occasion.” Rosser interrupted. “Let me give you a little illustration, your honor,” he said. ‘‘I was on the streets dur ing the time of the Atlanta riots. Crowds were everywhere and every one was excited.” Dorsey then spoke: “Only a few minutes ago, your honor, you ruled out, or we considered that you ruled out, the question of Newt Dee being nervous or composed. The only question before this jury is: Was Deo M. Frank nervous?” Dorsey Wins Ruling. “You can’t show that anyone else was nervous.” said Judge Roan. Rosser: “If you have ruled that way. it will vitiate this trial. This jury will never know that that crowd was nervous and excited. It will never know that Starnes, sleuth that he is, trembled and was excited when he saw' that lifeless corpse. That Pat Campbell, son of the Emerald Isle, started back aghast when he touched that icy chest. And if there is one mistake at this time it will vitiate this trial.” “If there is any doubt on your honor’s mind, I want to refer you to the 81 and 85 Georgia,” said Dorsey. “This proposition is simply a dragnet to go out and bring in everyone when Leo Frank is the only one we are concerned with here.” The objection was sustained. Attorney Arnold declared that he only wanted those around Frank in the factory described. Dorsey ob jected, and the objection was sus tained. Attorney Arnold then asked that the objection of the defense be re corded. Blood Spots Common. Q. How long have you been working at the factory w here there were wom en. .Mr Darley?—A. 24 years. Q. Isn’t it a common thing to find hlood.«»pots around the women's dress ing room?—A. Yes. Q. Did you ever see any blood spots around the dressing room in this factory?—A. (Darley hesitated). Yes, sir, I have. Q. What cdlor was the suit Mr. Frank had on Saturday?—A. Brown. Q. What color suit did he wear on Sunday?—A. Blue. Q. What color on Monday?—A. The same one he wore on Saturday. Q. Did you see any splotches on it?—A. No. Q. Did you see any scratches on Frank’s face or hands when he came to the factory Sunday?—A. No, I Md not. >. What til"**' tue FACTORY GIRL CALLED TO STAND BY STATE Miss Grace Hix, National Pencil plant employee. ' 'A ¥ factory Saturday morning?—A. About 9:40 o’clock. He started toward Mon tag;’*. Q. You never saw him any more until Sunday?—A. No. Elevator Found Unlocked. Q. In what condition did you find the elevator Sunday?—A. The lock w'as in place but it was unlocked. Q. Could anybody else have gone In and run it?—A. Anybody who knows how. Q. That elevator and motor made a good deal of noise when in operation, didn’t it?—A. The saw made more noise than the motor and the elevator When the elevator was running, the saw’ also was running. . Q. These cords that have beenVe- ferred to; they were scattered all over the building, were they not?—A. Yes sir. Scattered all around. Q. Mr. Dorpey asked you something about this building being cleaned?—A. Yes, after the girl was killed. Q. It was very dirty on the floor of the meial room, wasn’t it, the dirt being about an inch thick?—A. I don’t know whether it would average that thick or not, but it was very dirty. Q. The building also was very dark, especially on dark days, w-asn’t it?—A. Yes. Q. What sort of a day was it on WARM SPRINGS, GA., MORE POPULAR THAN EVER. Mr. Slade, the new proprietor of Warm Springs, is adding daily to the popularity of this well-known bathing resort. He has this week added a new orchestra of brass in struments and drums, and the dancing is one of the popular amusements. The ballroom can not be excelled by any in the State, and with Lilly's Band from Colum bus the dancing is all that can be wished. The Warm Springs is the pleas antest place in the State, and the swimming pool the finest bathing in the country. The mountain breezes and healthy clime, free from gnats and mosquitoes, make It an ideal spot for a summer out ing. The Warm Springs wants to see its old friends again. SEMI-ANNUAL STATEMENT / For the six months ending June 30, 1913, of the condition of The Continental Fire Insurance Company OF NEW YORK, Organized under the laws of the State of New York, made to the Gov ernor of the State of Georgia, in pursuance of the laws of said State. Principal office, 80 Maiden Lane, New York. I. CAPITAL STOCK. Whole amount of capital stock $ 2,000,000.00 II. ASSETS. Total assets of the company, actual cash market value .. .. ..$26,528,483.44 III. LIABILITIES. Total liabilities $26,528,483.44 IV. INCOME DURING THE FIRST SIX MONTHS OF THE YEAR 1913. Total income actually received during the first six months in cash $ 5,708.526.59 V. EXPENDITURES DURING THE FIRST SIX MONTHS OF THE YEAR 1913. Total expenditures during the first six months of the year in cash $ 6,256,201.21 Greatest amount insured in any one risk $200,000.00 A copy of the act of incorporation, duly certified, is of file in the office of the Insurance Commissioner STATE OF NEW YORK—County of New York. Personally appeared before the undersigned, J. E. Lopez, w’ho, being duly sworn, deposes and says that he is the second vice president of The Continental Insurance Company, and that the foregoing statement is cor rect and true. J. E. LOPEZ, Second Vice President. Sworn to and subscribed before me this 24th day of July. 1913. WM. JOHNSTONE. Notary Pubic-. Westchester County New York. Name of St te A'_•%». ^VERNC^ HALL. Name of Agents at / J. N |J EY d. CO. which the little girl was killed?—A. Drizzling rain. Q. Is anybody supposed to be in the factory on Sunday?—A. No, sir It is supposed to be locked up on Sunday. Q. The rope on the elevator has some slack In it. hasn’t it?—A. A little. . Q. Did Frank catch it with both hands, or with one hand?—A. With both hands. Q. Frank only weighs about 125 or 130 pounds, doesn’t he? He is what you would call a little fellow Isn't he?—A. Yes. , Q. Is he fatter now than he was then?—A. He is about the same. Q. How did you happen to go to Mr. Dorsey’s office?—A. He phoned for me. Q. He served a subpena on you, didn’t he? Dorsey objected, but Judge Roan overruled the objection. A. He served tw’o subpenas on me and phoned me once. Frank Nervous Evtry Day. Q. Didn’t you know those sub- penas w’ere not worth the paper they were written on?—A. I didn't then.' I have heard s*> since. Q. Who w’as at Dorsey’s office?—A. Dorsey, Chief Lanford. Detectives Starnes and Campbell and a stenog rapher. Q. They asked you questions, ex cept the stenographer?—A. Ye.-, sometimes. One would interrupt be fore I could answer the question of the other. Q They asked you whether Mr Frank was a nervous man. didn't they?—A. Yes. Q. Wasn’t he a hard working man who easily got nervous when things went wrong?—A. Yes, sir. If your honor will allow me, I will say that there never was a day passed that Mr. Frank didn’t get nervous over some thing. I have seen him run his hands through his hair in an agitated way a thousand times. Q. Mr. Frank didn’t know’ many of the help, did he? ‘I object,” said Dorsey. Arnold withdrew the question. “Did he know Mary Phagan? “I object to that,” continued Dor sey still on his fret. Objection was overruled. A. Not to my knowledge, he didn’t. Q. Did you know her?—A. If I Ijad seen her on the street I would have known she was a factory girl; but I didn’t know her name. Q. I believe you said all sorts of papers get dow n into that boiler room, don’t they?—A. Yes. "Give me those notes and that pay envelope," said Arnold. Q. It was nothing unusual to find papers like these in the basement, was it?—A. I have seen such papers there. Q. Any man who had the run of the factory, would have no trouble in get ting hold of them, would he?—A. No. Q. Was the watchman accustomed to locking the clock r\oor?—A. Yes, but at that time the key was lost. <j. Frank didn’t unlock it Sunday morning, did he?—A. He couldn't have. The key was gone. Q. You say you and Frank both made the mistake of thinking all tho punches had been made?—A. Yes. At this point, which was 12:15, the court adjourned until 2 o’clock. Tha Bijou. “The Girl from Dublin.” with its quaint Irish comedy, tuneful musical numbers, and interesting vaudeville turns, still continues to draw good au diences to the Bijou. The performance is one of the most diversified and pleas ing that has been seen In several weeks at this theater. For next week the management an nounces "Along the Pike," with Nat C. Baker and H J. O’Neill. ■m * . Here We Are! Back Again — This Time to STAY! GOODYEAR RAINCOAT CO. 79 Stores—From Maker to Wearer—Est. 1887 GRAND OPENING SALE SATURDAY AND MONDAY R. G., President Goodyear Raincoat Company We have secured a long lease on our store, 35 Peachtree, and hereafter Atlanta will be SOUTHERN HEADQUARTERS for our chain of 79 stores. The name “Goodyear” is as staple as “Sterling” on silver, and we intend to oiler such values in stormy weather garments as will make our slogan “From Maker to Wearer” famous from one end of Georgia to the other. We invite you to come here to-morrow and view the greatest collection of water-proof garments ever shown in the South. Raincoats, Cravenettes, Gaberdines, Slip-Ons and Imported Bombazines. Don’t wait for a rainy day. Come to-morrow or Monday. Most Remarkabie Introductory Offer Ever Made $5 Slip-On 98c , / SATURDAY AND MONDAY ONLY! To crowd our store to-morrow and Monday, the opening days, we will sell men’s, women’s and children’s Regular $5 English Slip=0ns You will recognize them instantly as the same coats for which you have been paying $5.00—practical, good looking and made for long wear. We invite the public to take advantage of this phenomenal introduc tory offer to-morrow and Mondav. At 98c All These at HALF-PRICE Regular $6.00 Raincoats, at QQ For men and women, made of double texture Canton Cloth, splen- f did fitting, beautifully tailored. Every s*am stitched and then vul- wMM # caniz< j d B Regular $8.00 Slip-Ons, at ^ O 0 Styles for men and women in excellent all-wool, double texture Cashmere, with regulation or Raglan shoulders. Notice the fine finish. Absolutely waterproof " $5.98 $9.98 $12-9* Regular $12.00 Slip-Ons, at Coats for both men and women, splendid styles of Cashmere cloth in the popular tan or a rich shade of brown. An unheard of value at $20 Men’s Priestley Cravenettes, at Of Priestley’s cravanetted Scotch Tweeds and fine English mix tures for men. You might pay more, but you couldn’t get a better coat .y $25 Gaberdines C oats, at Striking styles for men and women in these immensely popular, ele gant coats; all good colors, silk-lined, convertible collars. They are combination coats for rain or shine $5.00 Slip-On 98c $1.95 Girls' India Stripe Rain Capes Girls’ Rain Capes, made of good ma terials and ab solutely water proof, convenient for. school wear. Other stores ask J5. Spe- QC cial Price wi.5J9 MAIL ORDERS Out-of-town folks may share in this sale, too. Select any Coat advertised and we will fill your order by panel post the same day received, and fill it just as carefully as if you were here. The name "Goodyear" is your protection. V A ^RAINCOAT^ OGMBANY 35 Peachtree Street—-Next to Nunnally’s Boys' Rubber Coats In black, tan and grays, vulcanized seams, saves doc tor bill. Other stores ask $5.50. ?£“... $2.48 /' 4V