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THE ATLANTA GEORGIAN AND NEWS.
DEFENSE NOT HELPED BY
WITNESSES ACCUSED OF
ENTRAPPING THE STATE
By JAMES B. NEVIN.
Has the State succeeded In
thoroughly establishing the fart that
little Mary Phagan’* tragic death was
effected on the second floor of the
National Pencil Factory, in Forsyth
street ?
It has not, of course—but It has set
up by competent evidence a number
of suspicious circumstances, which.
If properly sustained later along, will
prove damaging In the extreme to
Leo Fra-nk
Unless these circumstances, trivial
in some aspects, are braced up and
backed up, however, by other much
stronger circumstances, they will give
the Jury, in all probability, little con
cern in arriving at a verdict.
Thursday was not a sensationally
good day for the State, although it
was much better than the day be
fore.
Twice Thursday the Solicitor Gen
eral claimed that he had been "en
trapped” by witnesses—and this,
with the lamentable fall down of
John Black the day before -served
to give rise in the minda of some
spectators to a faint suspicion that
the State didn’t have its case very
well in hand.
No Help to Defense.
There is something terribly sig
nificant and actually sinister in that
little word “entrapped." however,
when hurled at a witness in the pres
ence of a Jury, and it would be a mis
take to believe that a witness, ac
tually convicted, even in the mere
opinion of the Jury, of having delib
erately misled the prosecution there
by helps the defense.
\ The witness who entraps, or who is
thrown under suspicion of having
entrapped, frequently does the party
he seems primarily to have hurt a
wonderful amount of good.
I believe, for instance, that Witness
E. F. Holloway was speaking the
truth when, on oath, he reversed his
former affidavit to the Solicitor, and
said that he left the elevator un
locked on Saturday, whereas he be
fore had sworn that he locked it Fri
day and did not unlock it Saturday
—the last inferentially, at least.
This point will mean a good deal
later, when it is reached in develop
ing the defense's case, and if Hollo
way's last story, apparently satisfac
torily explained, holds together, well
t and good-—*but who can tell what the
1 Jury thinks about that contradiction
upon the part of Holloway, particu
larly when he has been so deliber
ately accused by the Solicitor of en
trapping him?
p| Holloway la an employee of the
pencil factory—waa before and has
been since the murder. If the Jury
gathers the impression that he has
been tampered with since his first
statement, and by friends of Frank,
to clear up seemingly damaging cir
cumstances against Frank, it likely
will be an aggravating thing, when
the Jury comes to make up its find
ings.
Will Hurt Frank’s Case.
Just as I thought, and still think,
that Dorsey made a tactical mistake
—for which he paid the full price,
moreover—w’hen on Wednesday he
exclaimed "plant,” thereby accusing
the defense of unfair and grossly in
decent methods of bolstering up its
cause, so I think the constant sug
gestion of witnesses changed in opin
ion and testimony, and in favor of
Frank, will hurt Frank's case, rather
than help it, if sustained
Mr. Dorsey failed utterly to bolster
up his charge of ‘'planted” evidence,
but he didn’t fail, in anything like
the same degree, to say the least of
It, in attacking Holloway
Or. anyway, there is a grave prob
ability that he didn't fall in the minds
cf the jury.
In short, my idea is this, as it has
been all along: The public, and pre
sumably even more the Jury, will re
sent anything that savors of unfair
methods employed either by the State
or the defense.
Steadily, though slowly, the defense
•eems to be pulling away from th*»
prosecution In the Frank trial, and
the impression apparently is gaining
ground gradually that the State like
ly is fighting a losing battle.
All of this may be changed in a
moment—one witness on behalf of the
State may serve to win back all the
ground it may have lost.
Nothing More Uncertain Than Verdict
And, of all things, there is nothing
to speculate upon quite so uncertain
as the verdict a jury will hand in.
The jury is sitting there, its atten
tion confined to the development of
the evidence. It reads no newspa
pers; it converses with no outsiders.
It can not get up, run across the
street and swap ideas with somebody
in the corner drug store
It took charge of the caae, under
its deliberately assumed oath that it
was "perfectly impartial between th**
State and the accused,” and it is see
ing things in its own way—and that
way may not be the wav outsiders are
seeing it.
So far. however, the State’s wit
nesses alone have been introduced.
aiF'*hatever advantage the defense hi.®
gained of them has come in two \va\s
either in their failure tp tesrifx !i-
circumstances and admissions brought
out in favor of the defense, under the
merciless cross-examination of Lu
ther Rosser
It is a good deal to say. neverthe
less. that at this stare of the trial the
defense apparentlv las scored heav
iest. for such nolnt- as It has won
necessarily have been wrung from the
State’s own witnesses, and not the
witnesses of the defense In other
words, wherever the State fails to
score, the defense scores
How Points Have Been 8cored.
If the defense made little, if any
thing. of Lee, it lost little, if anything,
because of him
It almost, if not quite, broke even
on Rogers—and it most certainly
scored tremendously on Black
Scott, if damaging in a way, was
also helpful in a way. In that he prac
tically admitted suspicion of the ne
gro Tnnley quite as strong as sus
picion of Franl .
Monteen Stover swore that Frank
was not in his office for, at least, 4
period of some five minutes imme
diately after 12 o’clock on the dav
of the murder; at least, if he
was. he w r ns w'here she could not >r
did not see him. Grace Hlx undoubt
edly helped Frank. Dr. Smith helped
the State.
R. P Barrett swore he found a piece
of a pay envelope under Mary Pha
gan’s machine three or four days after
the murder, and that he found blood
spots near the dressing room door
three or four days after the murder.
Mali Stanford swore that the spots
near the dressing room were not the**
Friday, and wer* there Monday, hut
he could not swear the spots were
blood. Holloway helped the defense,
probably.
There is nothing new In most of
this testimony, however, save that of
Barrett conce. ing the piece of en
velope. and the defense presumably
is ready, therefore, to meet It.
State Facer Hard Task.
The mere finding of a piece of pay
envelope somew'here even near Mary
Phagan’s machine, is not. of itself
highly important; but it might serve
as a link in an otherwise strong
chain forged to connect Frank ii-
rectly with the killing
But if the , .ate has succeeded in
setting forth the fact that Frank may
possibly have committed the crime, it
yet has a long road to travel before It
proves "beyond a reasonable doubt”
that he DID do It.
Indeed, Frank’s attorneys have
never combated the Idea that he waa
in the factory at a moment when ti •
killing of Mary Phagan MIGHT hav*
been effected—and beyond that fact
the State has been unable to proceed
very far to date.
It must be Temembered, too. that
while the State now is engaged In
weaving a web. real or imaginary,
about Frank, the defense expects
weave a much more terrible and sub
stantial web about Conley.
But even at that, mere suspicion
alone will serve to convict neither.
Much Depends on Conley.
After all is said and done, and it
generally gets back to this, the pre
liminary chain of circumstance*
against Frank likely will hold to
gether tightly or fall apart hopeless
ly, according to the fate of James
Conley on the witness stand.
If Conley stands the test of ex
haustive cross-examination, then the
circumstances leading up to and away
from Conley’s connection with the
case w'lll stand or lall.
He is. and has been, at all times
both the hope and the despair of the
State, no less than the hope and de
spair of the defense.
He Is the star witness about whom
the entire Frank case revolves, about
whom it has revolved for weeks, and
about whom it must revolve to its
end.
Of course. t*dre ever is the chance
that the Stntb has something sensa
tional. new and significant up its
sleeve—and there Is the remoter
chance that the defense has some big
surprises in store.
As the fifth day of the trial drags
on, however, the impression has deep
ened almost into a conviction In the
mind of the public that neither the
State nor the defense has much to let
out that already hasn't been let out. in
whole or in substantial parts.
Spirit of Fstrness Everywhere.
And the public is waiting for Con
ley’s evidence before making up its
mind.
More and more I notice in the cas
ual comment of people about town a
spirit of fairness and an inclination
to aw ait the full developments of both
the State and the defense
The public largely still is open-
mind xl. It is “from Missouri"—and,
after all. that is the way the public
mind should be in this matter, for it
Is a very grave matter, and Its final
effect v.ill be far-reaching and full of
significance, no matter which way the
\erdict tomes finally
There is one point yhat Undertaker
Gheesling cleared upy on oath, and the
public should take y&reful note ot it.
He swore that M&gy Phagan’s body
was NOT mutilaujfl in the way street
rumor and go.*sift had it mutilated,
just iu'ter the crUme was committed
That ugly sulry undoubtedly w is
accountable f<jr some of the primary
prejudge against Frank—but it a as
an untrue rumor, and in all fairness,
now it it has been »xploded\ it
should be borne *n mind.
DORSEY UNAFRAID AS
HE FACES CHAMPIONS
OF THE ATLANTA BAR
Thia shows the
Solicitor warily
noting the
moves of an
opponent.
\ U
Sherlocks, Lupins and
Lecoqs See Frank Trial
There are enough "hints,” aha’s”
and those other exclamations that
mark a true detective besides the
badge on his left suspender to fill a
whole volume of Gaborieau thrillers
at the Frank trial
A stranger whirled from the Ter
minal Station to Judge Roan’s court
room would be convinced before he
had been In that temple of Justice
five minutes that all Atlanta earns its
living following clews, and that if
Sherlock Holmes was made a mate
rial being he could beat Jim Wood
ward for Mayor by 8,000 votes.
Ever since the body of Mary Pha
gan waa found, practically every man
of voting age and a lot of those who
just think they are, have evolved a
theory as to the crime they regard
as incontrovertible as two plus two
makes four, and have a system of
ratiocination (beg pardon. Mr. Poe),
that either proves beyond the shadow
of a doubt that Leo M. Frank is guil
ty, or that he is innocent, or that
Jim Conley did it. or he didn’t, or
that somebody did, but they’ll be
hanged if they know who.
Theorists There for Vindication.
The census of 1910 gave Atlanta a
population of 154.889, and it is safe to
say that 154,839 sure-fire theories
have been evolved.
And everyone of the theorists wants
to go to the'courtroom to see his the
ory upheld and see the theory of the
other fellow smashed to smithereens.
Atlanta's deductive and Inductive
powers were never even dimly real
ized until this week.
(’hat with the throng around the
courthouse. Mingle with the Lupins,
the Lacoqs, the Anna Katherine
Greens In the room where the issue
is being fought.
Clerk Turn* Detective.
Your surprise will be suddenly con
verted into admiration and then Into
awe. A person, whom you had mis
taken for a clerk with a brain capa
ble of knowing nothing more complex
than a suit will sell for $19.99 quick
er than it will for $20, you discover
has a reasoning power as infallible
as that of Socrates and a knowledge
of things criminal that makes him
the moat deadly foe to crime since
Bertillon.
He can take an envelope, locate it
on a second floor and in a flash con
ceive Just how a deed of murder was
committed.
He can watch a man’s hand trem
ble and Immediately conceive him a
perjurer and a villain of the deepest
dye, although he doesn't ask him If he
had taken on too much th® night be
fore.
“Signs Air Hopeful,” 8ay® Uncle Ben.
He can point out the fatal weak
ness in the attack of a lawyer who
makes more money in a minute than
he himself makes in a week. A man
selected by a sovereign people to rep
resent the majority of their law be
comes a mere novice under his merci
less criticism.
“But the signs air hopeful,” re
marked Uncle Ben Green, from out
Hapeville way, as he listened to the
findings of the amateur sleu'.hs ana
chewed tobacco.
"The sign* sir hopeful,” he repeated.
“I’ve been a-sittin’ here since the trial
begun, and from what I hev seed ot
these deteckertive fellers we’ve got
right now. it’s a pretty good thing
that a new crop is a-comin’ up.”
Hugh M.
Dorsey,
Solicitor and
prosecutor of
Leo M. Frank.
Up Against a Hard Proposition Youthful Solic
itor Is Fighting Valiantly to Win Case.
By L. F. WOODRUFF.
Georgia’s lawn’s most supreme pen
alty faces Leo Frank.
A reputation that they can not be
beaten murt be sustained by Luther
Rosser and Reuben Arnold.
Atlanta’s detective department's fu
ture is swaying on the Issue of the
Frank trial.
But there is a man with probably
as much at stake as any of the hun
dreds who crowd Judge Roan's* court
room. xvtth the exception of Frank,
and he is accepting the ordeal, though
he realizes it. as calmly ar a person
who has nothing more serious to de
cide than whether he will order his
steak rare or well done at breakfast
time.
Hugh Dorsey is hereby introduced
He Is known pretty well In Atlanta
without introduction, hut as chair
men on political meetings insists on
telling the audience that tilt Presi
dent of the United States it-' about to
apeak or that the Secretary of State u
endeavoring to earn an additional
amount to his yearly $12,000, Mr. Dor
sey can be placed before the public
without fear of violating precedent.
Consider Hugh Dorsey.
Consider Dorsey’s Job. His posi
tion as public prosecutor places on
him the duty of sending someone to
the gallowss and this time it is Leo M
Frank, against whom he must direct
his efforts
The proposition of convicting a man
is as common in the life of a Solicitor
as paying hi-* car fare home. But
here’s a different proposition Doisey
is confronted with the task of getting
a conviction over the efforts of Luther
Rosser and Rueben Arnold to obtain
an acquittal
And anyone who knows* Atlanta,
who knows Fulton County, who
knows* Rosser. who knows Arnold,
realizes that this is a task fr m which
Hercules might sidestep, a labor that
is more tremendous than the building
of the Panama Canal or the success
ful storming of the fortress of Gi
braltar.
And still Dorsey has* gone into tfie
fight unafraid; not only that, he t*
aggressive.
Atlanta's record for big crime trie Is'
has not been altogether
the pqjt twelve months.
Dorsey has prosecuted
Grace on a charge of attempting to
slay her hueband. Atlanta was* In
tensely interested in this issue. Mrs.
Grace was acquitted. Dorsey lost.
He prosecuted Callie Scott Apple-
ban m on a charge of ending the life
of her husband. Again the Quiblic was
deeply interested. Again Dorsey lost.
And then came the. Phagan killing.
Atlanta, Georgia and the South de
manded that her slayer be brought
before the bar of justice and be given
lew's severest penalty.
Frank was fixed upon by tne police
as the man.|
The grand jury indicted him. and
Dorsey staked his all on his convic
tion V ?
Luther Rosser had been retained he
Frank's chief counsel.
Dorsey smiled.
Again there was a flash. Reuben
Arnold had been added to the list of
legal array to clear the name of the
superintendent of the National Pen
cil Factory of the charge that the
had taken the life of a little *rirl.
Reputation is a big thing. No prize
lighter faces a champion withou:
doubts as to his ability to cope with
him The greatest financial genius
probably trembled in hie boots w'hen
he first met the foremost captain of
industry. \ violin virtuoso bows be
fore Kubelik. There Is no pianist w ho
would approach Paderewski without
a sensation of awe
And here in Atlanta, Arnold and
Rosser are 'champions. They a»*e
Kubeliks, they are Paderewskis.
Hugh Dorsey hasn’t quailed.
Thr* ughout th** trial he has been
desperately earnest. He realizes the
work that is before him. If he has
any enemies, they will admit that he
lias handled his case well.
Th«> Solicitor General is a great
deal younger than his opponents. His
hair is* tinged with gray, and there
will probably be more of those strands
there before he is through with hi3
clashes with the dynamic Rosser and
the erudite Arnold.
He is taking the case with intense
seriousness. So far. Roster’s effort--
to rattle him by calling him "Hugh."
“my young friend." "son” and "bud”
have been unavailing.
The practical collapse of his de
tective testimony was enough to stun
any man. but Dorsev stuck it out
gamely There is plenty of fight .till
in his eyes. It will be there if the
caw goes against him.
His appearance would indicate that
he is holding something hack, some-
thing with which he expects to sur-
V prise his eminent opponents
I,\ Then. There Is Hooper.
heaHIn" n Y ^bere <*ne thing that every spcc-
, . .. ’Vitor knows »s chine held back He
,n mat tune A a q U jp t j*ttl-* man. with a scholarly
Mrs. Daisy face, a man who has already woa me
Slade’s Interpretation of Consti
tution's “Good Character” To
Be Recommended to House.
The disfranchisement bill of Rep
resentative Slade of Muscogee, which
its author says is an interpretation
of the "good character" clause in the
State Constitution, will be favorably
recommended by the House Commit
tee on Constitutional Amendments at
Friday’s session of the House. Th'i
vote was unanimous in favor of so re
porting the bill at the committee
meeting Thursday afternoon.
Mr. Slade’s bill interprets the goal
character clause to mean that "no
man, white or black, whom a virtu
ous woman will not trust In a place
of seclusion without fear of physical
assault, shall be allowed to vote."
The right to strike off names of
voters is vested in the ordinaries of
the counties. If a voter objects, wom
en shall not be called in, but the
question shal 1 be decided by men who
are familiar with the voter’9 life and
habits.
Mr. Slade declared that the bill s
not directed against white men. but
by its passage he hopes to disfran
chise every negro In the State.
T have been trying to get this bill
through for the past two or three
years, and am very hopeful that the
members of this Legislature may see
fit to pass it at the present session,"
Mr. Slade said.
Vote Buttons Sold
By Suffrage League
Atlanta suffragists busied them
selves Thursday in the sale of suf
frage buttons and distribution of suf
frage literature Just to be doing some
thing while their suffrage sisters were
parading in Washington. The button
sale was held at the entrance of Mrs.
Lillian Smith's millinery store, No.
115 Peachtree street, and a neat sum
secured. This fund will be exj*ended
in the holding of meetings to further
the cause.
The sale was held under the aus
pices of the Woman’s Suffrage League
of Atlanta, which was the Woman’*
Civic League until two weeks ago.
Diplomats in Revolt
Against Grape Juice
Washington, Aug. 1.—“Grape
Juice diplomacy" has been banished
by the dinner given by Senator Le-
fevre, Charge d’Affaires of the Pan
ama Legation, in honor of Richard
L. Metcalf, a member of the Isthmian
Canal Commission, at which Secre
tary Bryan was present.
The dinner was distinguished by the
choice selection of wines and other
liquids served. Grape Juice had no
place on the menu.
This is the first df a series of re
volts said to be hatching among the
diplomats.
FIB; PUT ON
Prison Sentence If Daniel Tolman
Re-enters Business—Made
$500,000 a Year.
TRENTON, N. J.. Aug:. 1.—The loan
shark business of the country re
ceived a death blow to-day wi en
Daniel H. Tolman, alleged to be the
head of practically the entire busi
ness of the country was sentenced
to pay a fine of $1,000 and was placed
under probation for three years.
Should Tolman be detected In op
erating a loan agency in any part
of the United States, his probation
will be revoked and he will be brought
back to Trenton to serve a prieor.
term.
Tolman was arrested in a raid on
his offices here on July 30, 1912, and
was one of the first caught in the
dragnet to clean up the loan sharks.
When arrested he resisted the officers
and had to be carried and dragged
to the patrol.
He is said to have operated 69 loan
shark agencies throughout the coun
try. The business netted him $500,-
000 profits a year.
He fought the case at every step
through the courts, but when forced
to go to trial, changed Ms attitude
and pleaded guilty.
Dr. O'Kelley Chosen
As New Mercer Head
MACON, Aug. 1.—It is definitely
announced that the presidency of
Mercer University has been offered
to Dr. T. W. O’Kelley, pastor of the
First Baptist Church, of Raleigh. N.
C. It Is believed that he will ac
cept.
Dr. O'Kelley graduated at Mercer
in 1890 with first honors, and sub
sequently he taught Greek and Latin
at Mercer. Afterward he became
principal of Hiawassee High School,
In North Georgia. He Is 50 years of
age and a man of family. He Is re
garded as one of the ablest Baptist
ministers of the south.
Dr. O'Kelley was chosen from a list
cf sixteen prominent clergymen and
educators.
LEFT FACTORY, BELIEVED
TO BE DEFENCE THEORY
Was Mary Phagan killed at or V';y
near the time she entered the Na
tional Pencil Factory April 26 to get
her pay envelope nr was she merely
attacked at this time and murdered
later?
The line of luestloninp pursued by
Luther Rosser in his cross-examina
tion of two cf the State’s witnesses
Thursday afternoon indicated this
will be one of the questions the jurors
will have to aettL before thev will n«
able to determine the innocence or
guilt of Leo M. Frank.
. Rosser was most persistent in his
interrogation both of William A.
Gheesling embalmer, and Dr. Claude
A. Smith, physician and bacteriolo
gist. Gheesling went to the pencil
factory’ at about 4 v’cL *k the morn
ing of the crime and took charge of
the Phagan girl’s body. He told So
licitor Dorsey in the direct examina
tion Thursday that the girl had been
dead ten or fifteen hours and that
rigor mortis was well established.
Gets Admission Before Jury.
Rosser at once began an attempt to
break down this portion of the em-
balmer’s testimony, and succeeded in
getting before the jury the witness'
admission (hat rigor mortis it ex
tremely variable in the time it takes
to set in and become well established
in a body. Gheesling admitted that
the surroundings in respect to damp
ness and temperature had their ef
fect, as did the cause of the person's
death, and that the degree of rigor
mortis could not be taken as an inva
riable indication of the time that a
person had been dead.
Frank’s attorney made similar in
quiries of Dr. Smith and from him
obtained similar statements. The
presumption is he will use the tes
timony of the State's witnesses to
supplement that of the defense, com
bining them to support the theory
that the Phagan girl was attacked on
the first floor by Conley and by him
was thrown dowm the elevator shaft
or carried down the ladder into the
basement, but was not actually slain
until after Frank had left the factory
in the evening.
Two other points will be estab
lished by the defense before the State
rests if Rosser is able to wring the
information he wants from the wit
nesses called by Dorsey.
Says Frank Returned Alone.
One of them is that Jim Conley did
not walk to the factory with or just
behind Leo Frank Saturday morning.
April 26, as Conley sw’ore in his last
affidavit that he did. E. F. Hollo
way, one of the Stake’s witnesses,
testified Thursday afternoon that no
one was w’ith Frank when he re
turned from Montag Brothers that
morning.
Rosser also displayed an unmis
takable intention of making the de
tectives and officers admit that Frank
whs under virtual arrest when he was
questioned Monday by the authorities,
and that there was no reason why he
should not have been aware of his
status.
He succeeded in getting B. B. Has-
lett to make just this admission and
undoubtedly will use it to explain the
measures that were taken at once for
the protection of Frank's interests,
measures on w'hieh the State has
looked with suspicion because, the
attorneys state, Frank w’as not placed
under arrest until 11.30 the Thursday
forenoo.n after the crime.
State Fares Better Thursday.
The State fared better Thursday
than any other day during the trial.
Harry Scott, Pinkerton detective,
submitted considerable damaging ev
idence In respect to Frank's appear
ance and actions during the first
da*s of the investigation, although
n'-jhing that was startling or direct
cd r ven new.
He told that Frank w'as extremely
nervous when the superintendent and
Newt Lee were placed in the same
room at the police station and that
Frank squirmed about in his chair,
rubbed his chin and lips in agitated
manner, grew pale and trembling and
in every way comported himself as
one might who was guilty of a crime.
Scott said that he and John Black
entered the room as Frank and Lee
were finishing their conversation and
that he overheard the latter part of
Frank’s remarks.
Rosser immediately caught the de
tective up on this statement, referirng
him to his testimony before the Cor
oner’s Jury, w’here he testified that
he had not entered the room until
the conversation between Lee and
Frank was completed and that he
overheard nothing. Scott explained
that he must have been mistaken
when he testified before the Coroner.
Scott testified that Herbert Haas,
one of Frank's attorneys, early in the
case had tried to persuade him to
turn his evidence over to the defense
before submitting it to the police, but
this already had been aired at the in
quest and was without particular ef
fect, as Scott added, under the cross-
examination of Rosser, that there was
no attempt to have It suppressed or
kept from the police authorities, but
only to have it given first to the de
fense.
What had the appearance of being
the most sensational testimony of the
day was that given by R. P. Barrett, a
machinist on the second floor of the
factory, when he declared that he had
found a pay envelope under the ma
chine used by Mary Phagan. The pay
envelope, however, when it was
shown to the jury, was discovered to
have on it no date, no amount, no
name, with the excotion of a loop of
one letter, no number nor any other
mark to identify it as the pay en
velope that the Phagan girl received
Saturday, April 26. Nor was any ex
planation suggested as to how ahe
may have happened to be at hef'ma*
chine when there w r as no work being
done that day and the machine* were
not in operation.
Barrett testified to the finding of
the alleged blood spots on the second
floor near the women's dressing room
and the strands of hair on the lath
ing machine. No more was developed
out of the testimony then was al
ready known to the public when Bar
rett anounced his discovery a few
days after the murder. Barrett alio
declared that a white substance had
been used with the apparent intention
of removing the splotches of red.
8wee P er Tell* of Splotchee.
Mel Stanford, a factory sweeper,
corroborated Barrett in his story of the
finding of the spots and the white
substance that w’as spread over them.
He said the spots were not there when
he swept the factory Friday and thn
the first time he noticed them was
w'hen they w'ere pointed out to him
the Monday morning after the mur
der.
Monteen Stover, the 14-year-old
factory girl, gave exactly the testi
mony that had been expected. She
said she had entered ;ne factory at
12:05 the day of the tragedy, and that
Frank was not in his office. She said
that she looked about in his onTcc
for him and on failing to fjqri him
left the building. She testified that
she looked at the clock as she depart
ed. and it was 12:10. Her story con
tradicts the statement of Frank that
he was in his office all the time after
he came from Montag Brothers at
about 11 o’clock until he went to the
fourth floor to see Harry Denham and
Arthur White at about 12:50.
Dr. Claude A. Smith, city bacteriolo
gist, testified that he found four or
five blood corpuscles on one of the
chips of wood that were brought to
him. He could not tell whether or not
it was human blood. These chips
w'ere the ones taken from the floor
where the alleged spots were found.
He said that in his opinion the blood
stained shirt found at the home of
Newt Lee, the negro night watch
man, never had been w'orn and that
the blood on it was put on the inside
of the garment and seeped through
to the outside.
spurs in Georgia politics, but who has
not figured extensively in the bigger
criminal cases tried before Atlanta
courts.
The man is Frank Hooper. He has
been on his feet but once. He made
an impression then. And when the
case comes to its crucial stages, it
will be well to watch these two youn^
lawyers arrayed against the admitte.1
masters of their craft.
8he lithe and unknown Corbett sent
the invincible John L. Sullivan t •
oblivion Brian du Boi« Gilbert was
unhorsed bv Wilfred of Ivanho-’
Theodore Roosevelt ran second in *
Presidential race.
Who knows?
$900 Tip by Oates Is
Returned by Waiter
MINNEAPOLIS. August I.—Charles
G. Gates, son of the late John W.
I Gates, nearly caused the collapse of
| a negro waiter in a hotel cafe here.
His dinner check amounted to al
most $100, It is said. Gates called the
waiter to him. pulled out a roll of
$1,000 bills, slipped off the top one
and said: "Here, boy, keep the
change-”
Gates then left. The waiter turned
the $900 over to the manager of the
cafe, who mailed Mr. Gates a check
for the amount
... .
BALTIMORE, MD.
$20.85 Round Trip $20.85
Tickets on sale August 1,
2 and 3. Return limit Au
gust 15. Through electric
lighted steel sleeping cars.
Dining cars on most con
venient schedules.
SOUTHERN RAILWAY.
DR. WHITLAW
73 1-2 Whitehall St.
Painless Dentist
Have your teeth treated at once. Make your bad teeth as good as
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If your teeth pain you, don't delay. Come to see me at once. Teeth
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Lady attendant and ladies' rest room.
Crown and Bridge Work $3, $4, $5
My Gold Dust Roofless Rubber Plate will not slip or drop. Guar-
anteed for 30 years. 1
rilllngs In Gold, Silver, Platinum and Porcelain, 50c and 51.
PHONE MAIN 1398
OPEN FROM 8 TO 8. SUNDAYS, 10 TO 3
TERMS TO SUIT
Largest and most thoroughly equipped Sanitaj-y office In the I
South. f
Entrance. 73 1-2 Whitehall St., opposite Vaudette Theater fourth
door from J. M High, over A. & P. Tea Store.