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THE ATLANTA GEORGIAN ANT) NEWS Vi CONLEY, SWEEPER, LIKELY TO BE LAST WITNESS FOR STATE —_ ' ' \ Frank Startled When Woman Came Upon Him Suddenly in His Office \ 4 Continued from Page 1. S 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 > VI