Newspaper Page Text
THE ATLANTA GEORGIAN ANT) NEWS
Vi
CONLEY, SWEEPER, LIKELY TO BE LAST WITNESS FOR STATE
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Frank Startled When Woman Came Upon Him Suddenly in His Office
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Continued from Page 1.
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but I know It wu about 1 o'clock.
Q. Tou left there the first time
about 11:80 o'clock?—A. Tee.
Q. Who were there?—A. Two men.
Mr. Frank and a stenographer.
Q. Tour father and your brother
are old employee* there, aren't they?/
—A. Te*.
Q. By whom did he eend word to
your husband that you were there?-
A. Mia* Emma Freeman.
Q. How long was It before your
husband came?—A. About live min
utes.
Q. Who ol*e was there?—A. Mia*
Hall, Mis* Freeman. Mr*. May Bar
rett and her daughter.
Q. Tou cam* back to the factory
about 12:80, didn’t you?—A. Ye*.
Q. How accurate are you about
that?—A. 1 looked at the clock.
Q. How cloae were you to Mr.
Frank before you spoke?—A. I was t»
the office door Just behind him.
<3. He Jumped and you thought he
was surprised?—A. Tea; that's what
1 thought then.
Saw Negro Downstairs.
Q. When he told your husband he
was going to leave, he said you had
better go pretty soon?—A, He said I
had better go now.
Q. Tou did wait a few minutes?—A.
Te*.
Q. Just where did you see the darky
as 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. Te*.
Q. How far from the foot of the
•tarlway?—A. Five or alx feet.
Mr Rosser took a blueprint to ex
plain the position In which she saw
the negro.
Q. How long after thl* wa* It that
you talked with Mr. Dorsey about see
ing this negro? Wasn't It four or
live 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.
Darley, assistant superintendent at
the National Pencil Factory, was
called.
Darlsy on 8tand.
Q. What Is your business?—A. As
sistant superintendent at the Nation
al Pencil Factory. I ltave charge ol
ths manufacturing plant.
Q. Who Is your superior?—A. 1 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 1-Yank told his wife to
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 I did.
Q. Did you notice anything unusual
about Frank?—A. When he reached
but his hand to start the elevator, it
was trembling. And again when he
went to nail up the back door, he was
*o nervous he couldn’t do It, and 1
did it for him.
Said Body Made Him Nervous.
Q. What. If anything, did Frank
say?—A. 1 don't remember. He eal.1
something about 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 hi* breakfast and wanted
a cup of coffee.
Q. Did he 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 said 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.
Staple Easily Pulled.
Q Did you observe anything about
the staple?—A. Yes; It looked as if
it had been taken out easily.
Q. Did you see Frank again?—A
Tes, the following day.
Q. Did he say anything about his
nervousness of the day before?—A
MRS, FRANK SMILING
AS SHE LEAVES COURT
Yes; h* said somethin*. but I have
forgotten.
"Your honor.” said Dorsey, “1 would
like to refresh the witness memory by
Mr*. Leo Frank,
wife of
defendant in
Phagan cate,
and Julian
Boehm, a friend
of the family,
snapped as they
were leaving
the courtroom.
Mrs. Frank
evidently
is well
pleased with
the course the
case is
running.
, , ' > ■
■
I
reading his previous statement”
“You can only show it to him,” an
swered Judge Roan.
Dorsey showed Darley the affidavit.
Q. Just tell everything you heard
I-Yank say about the murdeT—A. 1
don’t remember.
“Your honor, I would like to read
this,” said Dorsey.
Forgets Vital Evidence.
Rosser and Arnold objected.
“He will have to make the usual
showing that he was entrapped, your
honor,” said Arnold.
“He is trying ot brina- 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 if
Frank's body was nervous?—A. That
is a pretty hard question.
“Look at this,” said Dorsey, show
ing him an affidavit.
“I said there he was shaking all
over,” said the witness.
Rosser objected.
Judge Roan asked the witness if
he was making that statement now.
Darley’s Replies Guarded.
“Judge, that's a very hard question
for me,” answered Darley. “He reach
ed up to get the ropes, and his hand9
were shaking very’ much.”
Darley appeared very reluctant to
answer any question that might in
criminate Frank.
Q Who nailed up the back 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
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.
“But,” said Mr. Rosser, “your Hon
or has not been enforcing that rul
ing.”
“I am going to enforce it,” replied
Judge Roan.
"That's what I am asking you to
do now.” returned Mr. Rosser.
Mr. Dorsey put his question again.
A* He was somewhat upset, but
did some things around the factory
that he could not have done if he had
been completely upset.
State Wins Clash.
Q. Was he done up?
“I object,” broke in Mr. Arnold.
“He may mean that h« was dead by
done up .”
“Leave It to the jury to decide 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 queption was
admissible.
A. He W’as partially done up but
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. I afterward learned
that it waa run by “Boots" Rogers.
Mr. Frank sat on my knee.
Q. What w’as 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 w’as the condition of Newt
Lee?
“I object.” said Rosser. “I have
been objecting to this line of testi-
mon.v all along. If your Honor per
mits this question to be asked, I want
to be recorded as protesting.”
“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.
1 am glad it has Anally dawned
on my brothers that these questions
are illegal.’’ said Rosser. “I have
been trying to get them to see and I
am glad to say the light Anally 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
Newt Lee’s attitude was made the
other day. We see the object of these
objections is to lead into a large
field of invesigation. 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
the finding of this club? (\he 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?—Yes. 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
rett 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
w r as working for a reward?—I don't
recall.
Dorsey: “I object.”
Judge Roan ruled: “I have ruled
that he can show that to prove in
terest.”
”1 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 throw’n 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
metal room?—Yes.
Q. Were you present Sunday morn
ing when Frank took out the time
slip?—A. Yes.
Q. Did you see him run his finger
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 sav anything?—A.
Yes. He said they were all punched
and I verified it.
Q. How' did you do it?—A. Just
loking 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 answ r er,” 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, provided it
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 w r as the financial sheet
made up?—A. Saturday afternoon.
Q. You were interested?—A. Yes, it
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 2:80 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 handw'riting?
Dorsey objected.
"I object, your honor,” he said. "The
writing is the best evidnee.”
Q. I want to ask you are you
familiar with 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 answ’er until we
get a ruling. Doe9 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 handw-riting
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 and other sheets,
aie similar. They can be produced,
and they should be.”
“I will withhold mv ruling until
I look up some authorities,” replied
Judge Roan.
“I will ask the witness something
else,” 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. costa,
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, w ere 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 $«ix or eight.
Q. Did you go ipto the cellar?—A.
Yes.
Q. What time did you get to the
factory?—A. 8:20.
Q. There Was a great deal of ex
citement there?
Dorset objected. “I think you!
Honor has already ruled on this ques
tion,” said he.
U.S. Makes Railway
Pact With Mexico
WASHINGTON, Aug. 1.—The In
terstate Commerce Cofnmission to
day rescinded its action in denying
the interchange of free transportation
between Mexican railroad officials
and officials of lines in the United
Shipments from the United States
to Mexico which are held on the bor
der because of Inability to transport
them farther on account of disturbed
conditions will be turned either to the
original shippers or disposed of by
the railroads upon one day’s notice.
Such authority w'as granted to the
carriers to-day by the commission.
Another Line Added
To Southern System
MACON, Aug. 1.—J. H. Palmer,
former chief clerk of the Georgia
Southern and Florida Railroad, will
be general manager of the combined
Hawkinsville and Southern and Gulf
Line Railroads. The Gulf Line was
yesterday purchased by the Hawkins
ville and Southern for $261,000.
The entire system, extending from
Grovania, through Hawkinsville.
Ashburn and Sylvester to Camilla, is
a subsidiary of the G. S. and F., which
is in turn controlled by the Southern
Railway.
Bedell Slaying
Puzzles Police
Of Chattanooga
CHATTANOOGA, Aug, 1.—At noon
to-day no arrests had been made in
connection with the murder of Squire
C. A. Bedell, upon the porch of his
home In East Chattanooga last night.
Every' available officer, however, has
been detailed upon the case and ar
rests are expected within the next
twelve hours. The officers are almost
positive that the two assailants were
white men.
The murder and robbery of Bedell
shortly after 11 o’clock upon the front
porch of his home and before the eyes
of his wife has greatly excited this
city. While robbery is considered the
primary' motive of the killing, as Be
dell had the entire receitps of his
day's business at his store upon his
person, It is also considered by the
officers that there were other con
tributory motives.
Son Held as Slayer
Of Kentucky Pastor
LEXINGTON, Aug. 1.—Vernon Em
bry, 16 years old. was arrested at his
home, at Waco, Ky., to-day for the
murder of his father, the Rev. Charles
Embry, a Methodist preacher.
Rev. Mr. Embry and his wife en
gaged in a difficulty, scuffling over
the possession of a butcher knife when
the boy fired a shotgun, the charge
taking effect in the back of his
father's head, tearing it almost from
the shoulders and causing instant
death.
Grocer Dumping Bad
Eggs in Street Fined
Recorder Broyles Friday morning
held that an Atlanta street is not a
proper dumping ground for spoiled
eggs, when he imposed a fine of $5.75
on C. Kalich, a merchant at Williams
and Parker streets.
Inspector Rice, of the sanitary de
partment, was passing through Wil
liams street Thursday afternoon
when he noticed eggs being pitched
from the store into the street. In
vestigating he found that Kalich was
testing his stock of eggs and elimi
nating the bad ones.
Vincent Astor Bitten
By Monkey on Yacht
NEW YORK, August 1.—Vincent
Astor has sailed ori the Noma to meet
the Olympic, aboard of which is his
mother. Mrs. John Astor. He will
probably pick up the Olympic about
100 miles out.
Mr. Astor’s friends to-day learned
for the first time of an encounter he
had last week with his pet monkey.
Jocko, on the Noma. In his attempt
to return him to his cage, Mr. Astor
was severely bitten on the hand.
Steals Coat in Auto
On Downtown Street
Caught stealing an automobile coat
from the car of J. A. Merrill, in front
of the Empire Life building, Jim Ber
ry, a negro, Friday morning was held
to the State courts by Recorder
Broyles on the charge of larceny.
Policeman Bostwick caught Berry
just after he had taken the coat from
the car and was "rifling the pockets.
Merrill in court declared that the in
terests of auto owners demanded that
Berry be given the limit.
DR. WHITLAW
73 1-2 Whitehall St.
Painless Dentist!
Have your tseth treated, at <moe. Make yemr bad *
new. My system ot Painless Dentistry enables me to make
ing teeth sound with absolutely Wo Pain.
If your teeth pain you. don't delay. Como to soo mo ot «c
re-enameled absolutely palxxloe sly. Examination free*
Lady attendant and ladies’ rest room.
Crown and Bridge Wot* $3, $4, S5
$!
My Gold Dust Booties* Rubber Flat# will not slip- or drop. Chmr-
aateed for 20 years.
Finings in Gold, JSilwwr, Platinum and Porcelain, 6O0 and £L
PHONE MAIN 1298
OPEN FROM 8 TO 8. SUNDAYS, 10 TO 3
, TERMS TO SUIT
Largest and most thorou ghly equipped Sanitary office tn -the
South.
Entrance. 73 1-2 Whttehal 1 St., opposite Vaudette Theater, fourth
door from J. M. High, over A. A P. Tea Store.
IHEU FUGITIVE
James Hogg Will Be Tried fof
Death of South Georgia
Man in 1893. , -si
Preacher Prays for
Wife; Gets Twins, Too
PHIDADELPHIA, Aug. 1.—The
Rev. Gustav Alf, pastor of the First
Polish Church, Is a firm believer in
the efficacy of prayer. Whenever Mr.
Alf wants anything he prays for it
and his prayers are answered.
Several years ago the Rev. Alf
wanted a wife. One young woman had
jilted him, so he asked the Lord to
give him another. The wife was
forthcoming and to-day the Rev. Mr.
Alf is the proud father of two chil
dren.
The Rev. Mr. Alf has been praying
for a church to house his congrega
tion. This prayer also will be an
swered.
BUENA VISTA, Aug. 1.—JameS
Hogg, who with his brother, Floyd
Hogg, is charged with the murder of
Dave Shippy, 20 years ago, has Just
been arrested and placed in jail here.
The brothers, with their father,
Lewis Hogg, were indicted In April,
1893. The father was captured, tried
and freed. The two boys escaped
for a score of years, being fugitives
from Justice. Some weeks ago It
was learned that James Hogg had
returned to this section and a reward
was offered for his capture. Officers
crowded him so close that ha sur
rendered.
The killing took place about five
miles from Buena Vista, and was the
result of a drunken fight. Most of
the witnesses in the case are dead,
Hogg’s wife, after his escape, mar
ried again and is now living iit
Macon.
The prisoner talks interestingly of
his experience. Time after time the
officers were upon him, on two occa
sions shooting holes through hia
clothes. During the Spanish-Ameri-
can w r ar he joined the army, -went to
Cuba, and remained until the close.
He claims to have been in twenty-
eight States.
Hogg will be tried at the October
term of court.
t
No More Spasmodic Corns
Got a corn that you have had for
years? Tried every imaginable way to
get rid of it, yet there It sticks like a
fiend grinning and torturing you at reg
ular intervals? Away with it! Here’s
Jacobs' Magic Corn Liquid, a new scien
tific preparation, which will kill it in
stantly. The first application stops all
pain. There is no possibility of danger
from blood poisoning, as there is from
cutting, paring, peeling, gouging, pick
ing and other barbarously brutal
methods.
Jacobs’ Magic Corn Liquid will re
move any corn, hard or soft; even a
stubborn corn of many years’ growth
will come out clean, whole and posi
tively without pain. Simplest treat
ment In the world, a scientific formula
from our own laboratory, always suc
cessful, no pain, no danger It will posi
tively stop your suffering to-night. 20c*
by mail 22c.—(Advt.)
Bryan Denies U. S. Is
Told to Intervene
WASHINGTON, Aug. 1.—Secretary
of State Bryan after a conference
with President Wilson to-day issued
a statement denying published re
ports regarding foreign intervention
in Mexico. The statement follows:
“The statement which apepared In
some of the morning newspapers to
the effect t hat foreign governments
are brining pressure to bear on the
United States to compel aggressive
action in Mexico Is entirely wlhout
foundation."
WARM SPRINGS, GA.„
MORE POPULAR
THAN EVER.
Slade, the new proprietor of
1 Springs, Is adding daily to
'Sleep Strike’ Frees
Sylvia Pankhurst
Special Cable
hurst, daughter of Mrs. Emmeline
Pankhurst, leader of the militant suf
fragettes, who was arrested when she
led a crowd to storm Premier As
quith’s home, was released from jail
to-day.
She had inaugurated a hunger and
sleep strike while lmprisoped, refus
ing to eat or lie down,
PICKS ASSISTANT ATTORNEY.
CHATTANOOGA, Aug. 1.—District
; Attorney L. M. Coleman, of the United
( States Court for the Eastern District
of Tennessee, has recommended the
appointment of L, S. Pope, of Pike-
ville, as his assistant. Pope is a
member of the Tennessee State Sen
ate and a leader of the regular demo
crats.
Mr.
Warm
the popularity of this well-known,?
bathing resort. He has this week.i
added a new orchestra of brass in-*'
struments and drums, and the-i,
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 dime, 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.
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.
II''
For the
STOMACH
Take
NUXCARA
3 Times a Day
It’s a scientific remedy foe-ln-
digestlon, dyspepsia and other
forms of stomach and bowel die.
orders. It gives prompts relief,
even in very aciite cases. We
have testimonials from scoraa-of
well-known Atlanta cltlzens < who
have been cured by Nuxcara.
$1 a Bottle
EDMONDSON
i i
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