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\ THE ATLANTA GK(u ANI. NEWS. TT CORONER’S PHYSICIAN DAMAGES HARRIS' EVIDENCE FOR STATE ✓ , Dr, Hurt Says That Undigested Cabbage Does Not Prove Time of Death EXPERT FOUND NO SKULL FOREMAN OF FACTORY _AN IMPORTANTWITNESS STRANGLED TO DEATH Continued From Page 1. Important cate. You will have to be extremely cautious and extremely careful. You are to try thla case from the evidence and from nothing els*- It has been auggested that you have been able to aee some headlines or some writings in the newspapers which may have Influenced you in your Judg ment on this case. I desire to tell you that you are the one trying this eas-, and I desire to warn you again tbit nothing you see in the newspapers on the streets or in the courtroom should have any influence upon you either In respect to the case of the State >r that of the defense. Let the case pro ceed." The examination of witness pro ceeded. The defense rallied sharply Satur day In a vigorous Impressive attack on the sensational testimony of Dr. H. F. Harris, who declared Friday aft* ernoon that Mary Phagan was killed within a half-hour after she ate din ner April 26, and that she came to her death by strangulation. Hurt Hits Harris. From one of the State’s own wit nesses, Dr. J. W. Hurt, County Phy sician. Reuben Arnold obtained the Important admission that the time It takes to digest cabbage depends on the individual and that the only way to determine with certainty if strang ulation is the cause of death is ny an examination of the lungs. He ad mitted the lungs were not examined. Attacking the testimony of Dr. Har ris, w f ho collapsed while testifying on the stand Friday, Arnold asked the witness if Dr. Harris’ statement that Mary Phagan had come to her death within a half hour of the time she ate her noon meal was not the wildest eort of a guess. Harris had based hi* conclusions on the fact that the cabbage he had found In her Btom- ach had undergone only the slightest digestion. "Is it not true that cabbage Is one of the hardest foods to digest and that the average tirpr required to dl- irest it is from 8 1-2 to 4 hours?" asked Attorney Arnold. Dr. Hurt replied that he thought this was so. No Proof in Cabbage. Arnold then showed the specimen of cabbage taken from the stomach of the murdered girl, and called at tention to the fact that It had not even been masticated, and that there fore it might have been in her stom ach for several hours before she was killed. Dr. Hurt accompanied this state ment by the one, equally vital, thal no examination was ever made of the murdered girl’s lungs. From this tes timony the defense will be able to argus that the State had no substan tial foundation for its charge that the girl was strangled to death. Arnold also forced Dr. Hurt reluc tantly to admit that it was Impossible for him to state positively either that the blow on the back of Mary Pha- gitn’s head had produced unconscious ness or that, on the other hand, it might not have been the actual cause of her death. Jim Conley, who has sworn that he assisted in the disposal of Mary Pha- gan’s body at the direction of Frank, was taken from his cell at the police station Saturday in readiness to tes tify during the afternoon. At this moment Chief Beavers was notified by a Georgian reporter that the trial had been adjourned until Monday morning and the negro was taken back Into the station. CHi«f Beavers on Stand. Chief Beavers was one of the wit nesses of the morning. An informal objection was made by Attorney Ros ser to his appearing a? a witness as the Chief previously had been in the courtroom as a spectator. Solicitor Dorsey explained that he had not known that he was going to call Beavers until the afternoon before. The Chief testified only to his exam ination of the red spots on the floor at the pencil factory. He said that he was present when the spots were chipped up and that they looked like blood to him. Other wltne>«es of the day wer? Helen Ferguson, a factory employee, who testified that she went to the fac tory Friday night for Mary Phagan’s pay envelope and that it was refused her; Robert Lassiter, a policeman, who found the parasol and a ball of •wrapping twine at the bottom of the elevator shaft, and Dr. Hurt That at least three or four wit nesses will be placed on the stand by the State before Jim Conley is called was indicated Saturday afternoon. Dr. Harris, who \^as examined Friday, it is said, will go on the stand early Monday morning for cross-examina tion, and following him will be one or two* witnesses, experts in adiminal 1 purgery who will be used by the State if * to corroborate the testimony of Dr Harris. The defense., It is understood, will make a vigorous attack on the testi mony of these experts. Conley may be called Monday aft ernoon, although it is more than like, ly that the State will save him until Tuesday. Helen Ferguson, a companion of Mary Phagan and an employee of the factory, was the first witness to be called when court resumed Satur day morning. The greatest crowd of the week besieged the courthouse clamoring for admission. Pay Refused. Solicitor Dorsey examined Miss Ferguson. Witness said she was an employee of the factory. Q. Were you at work at the factory Friday. April 25?—A. Yes. Q. Did you work that day or Just go there?—A. I went 'lo the office about 10 o’clock. Q. What conversation did you have there?—A. I asked for Mary Pha gan’s money and was told that I could not get It. I talked to Mr. Frank. Q. Did you ever get her pay before? —A. Yes, but not from Mr. P’rank. Rosser took the witness on cross- examination. Q. Did you know who paid off?—A. No. Q. Did you ever Ret Mary Phagan’s money from Mr. Frank?—A. No. Q. Did you work in the metal de partment with Mary?—A. Yes. Detective R. L. Waggoner, who whs detailed to watch Frank at the factory the Tuesday morning after the crime end who later rode to the police sta tion with him, was the next witness called by Solicitor Dorsey. Says Frank Wrung Hands. Attorney Rosser raised an objection to Wagoner on account of his hav ing been In the courtroom for twenty minutes Wednesday. Wagoner stated that he had heard nothing, and Judge Roan allowed him to testify. Q. Where were you Tuesday. April 29?—A. Across the street from ths National Pencil F*actory. Q. What did you see?—A. I saw Frank come to the window, wringing his haflds and looking down. He did It about a dozen times. Q. Was he nervous or composed?— A Nervous. q Were you in the automobile when he was taken to the police sta tion?—A. Yes. Q. Was he nervous?—A. Yes. His leg was next to mine. It shook very much. Rosser took the witness on cross- examination. Q. What were you dolhg in front or the factory?—A. Watching. Q. Do you know whether Frajik was arrested?—A. He was not. Q. Could you see whether anyone was in the office with him?—A. No. Dr. Hurt Called to Stand. Dr. J. W. Hurt followed Wagoner on the stand. Q. What is your business?—A. County physician. Q. How long have you held this po sition?—A. Since January 1. Four years at another time. Q. What are your duties?—A. To appear at all inquests. Q. Where did you graduate?—A. 1 attended the old College of Physicians and Surgeon* and also studied in New York. Q. Did you see the body of Mary Phagan?—A. Yes; Sunday morning, April 27. Q. Describe to the Jury how she ap peared.—A. I went to the undertaking establishment. She had a scalp wound on the left side of the head, about two inches long. The right eye was bruised. There were some broken places on the cheek and forehead, scratches on the right and left el bows and scars on right and left legs Just below' the knees. There was a cord around her neck. It is my opin ion that she died from strangulation. • Q Was this the cord? (Dorsey dis played a long hemp cord.)—A. Yes, so it appears. Q. Was there any swelling in the neck?—A. Ye*. Q. What would that indicate?—A. Tnat the cord was put around her neck before death* Q. What was the appearance of the scalp w'ound?—A. It appeared to have been made by a blunt instru ment from below r striking upward. Looked Like First Bruise. Q. What about the wound around the eye area?—A. The skin was not broken. It looked like it might have been made with a soft instrument. Q. Cotild a fist have done it?—A. Yes. it was quite possible. Q. What do you think would have been the effect of these blows? Were they sufficient to have caused death? —A. Nq, I would think the blow on N. V. Parley, presented by the State, proved to be one of the most important witnesses in the trial of Frank. the back of the head would have caused unconsciousness. Q. Did you find any evidence of as sault?—A. I did not discover any evi dence of violence. There was some blood, but I could not say w'hether it was from a wound or not. Q. What was the nature of the wounds on the elbow* and the leg? —A. I would say they were made aft er death. Attorney Arnold took the witness on cross-examination. Q. How did these scratches ap pear? Could they have been made by the body being dragged by the heels?—A. No. If she were dragged. I should say she was dragged face forward. The scratches ran back as though she w’as dragged forward. Cut Two and Half Inches Long. Q. How- long did you say the wound on the scalp was?—A. Let me refer to my notes. Q. You said it was tw'o and a half inches long and Dr. Harris said it was one and a half inches long. I want to know' which is right. "Two and a half inches,” said Dr. Hurt, after looking at his notes. Q. Did you measure the wound when Dr. Harris dug up the body nine days later?—A. No. Q. You are not absolutely certain about this examination ? Just sort of guessing, aren’t you?—A. I am not absolutely certain, but judging from the best of my ability. Q. All expert testimony is guessing nitre or less,' isn’t it? It is Just a question as to who can guess the best, isn’t it?—A. I expect you are more familiar with expert testimony than anybody else, aren’t you? Skull Not Fractured. Q. You didn’t see any damage on the side of the skull, did you?—A. No. the skull was not fractured. Q. The brain was not injured?—A. There was some slight trace of con cussion on the inside. Q. You had to be looking for it to see it, didn't you?—A. No, it could be easily seen. Q. Did you ever hear of a test to see whether a hemorrhage on the In side would produce unconsciousness? —A. No. Q. Did you ever hear of such a question or strain on the meuical pro fession as to answer a question like that?—A No. Q. Were you ever asked before to examine the inside of a skull to de termine whether a person was knocked unconscious?—A. No. Q. Did you ever hear of a person being killed from a blow on the head and there being no scar on the out side?—A. No. Q. Have you ever heard of per sons living after a fracture having the mn^r and the outer table tre- pined and a piece taken out and the:, living?—A. Yes. Results Always Uncertain. Q. You can reduce almost every faculty of the brain without pro ducing death? The sight, the hear ing?—A. Yes. Q. Can you tell me what faculty of the brain was located where this f blow' was struck?—A. No. I don’t be lieve I can. Q. One thou.wuid different effects could be produced without producing death or unconsciousness?—A. Yes. Q. What makes you say that one little blow could have produced un consciousness?—A. I just believe it. Q. That little hemorrhage was not what enabled you to say that she was knocked unconscious?—A. No. The exterior appearance was on what I based my opinion, but I strength-, ened It by the extent of the contu sion on the inside. Q. How do you know' strangula tion killed her?—A. I could find no other cause. Q. What about the windpipe and the lungs in strangulation?—A. What do you mean? Q. How do the lungs appear?—A. Congested. Q. You never examined the lungs’ —A. No. Q. Why do you say strangulation caused her death?—A. Because I found the rope deeply imbedded in the neck. Not Sure About Asshult. Q Looking at that girl that morning w'ould you say that she w r as rav ished?—A. I haven’t said/so. Q. Will you say so?—A. I do not know. Q. You found no external signs of violence?—A. No. but my examination was not final. Mr. Dorsey objected and was sus tained. Q. There are a great many things to cause a little inflammation?—A. Yes. Q. Were you present at the first post-mortem examination?—A. Yes. Q. Dr. Harris took the body a sec ond time, didn’t he?—A. I don’t know. Q. Dr. Harris is a sort of specialist on post mortems, isn’t he?—A. I don t know-. Solicitor Dorsey made a side re mark that Mr. Arnold’s cross-exami nation of the witness was a pedantic parade. Q. Doctor, it depends on the indi vidual Just how’ soon cabbage Is di gested, doesn’t It?—A. Yes; some di gest it sooner than others. No Rule for Digesting Cabbage. Q. Isn’t each man a law unto him self?—A. Yes; more or less. Q. Cabbage is one of the hardest things of the world to digest, isn’t it? —A. Yes; it is generally regarded ds hard. vj. Doesn't it take from three to four hours to digest cabbage?—A. Yes; three or four hours to thorough ly digest it. Q. It depend* a great deal on how well it was chew’ed, and how muen saliva flowed down, doesn’t It?—A. Yes. Masticating helps digestion. Q. Suppose a little girl in a hurry to catch a car hurried^-’ ate some cabbage and allowed it to go dow.i mchewed. Wouldn’t it take mu' h longer to digest the unchewed part? —A. Yes. Q. Don’t you think a doctor Is mak ing a mighty wild statement to get up here and state that a piece of un- ?hewed cabbage had not been lb a stomach— "I object,” said Dorsey. "That is a question for a Jury, and not Dr, Hurt.” "I thought It was wild,” said Mr. Arnold. "I object to that,” returned Dorsey. "I withdraw it,” said Mr. Arnold. "It was entirely gratuitous and should never have been put in,” said Solicitor Dorsey. The Solicitor was sustained. Death Stops Digestion. Q. Does death stop digestion?—A. Yes, sir; I think It does. Q. When a person becomes uncon scious, does digestion stop?—A. I rather think so. Q. If you ate something and went to sleep, digestion would continue?—A. Yes. Q. Why, then, does digestion stop when a person is unconscious?—A. It is an unnatural unconsciousness. Q. Aren’t the gastric Juices and blood the only two things that have anything to do with digestion?—A. Yes. Q. Well, do they die when a person becomes unconscious?—A. No, but the stomach is partially paralyzed. Q. Didn’t you say it w r as a wild guess to say how long she was un conscious until the time she died?— A. No, I don’t think I did. A mass of testimony followed that is unprintable. In the course of it, Dorsey said: "I object to these comparisons.” Judge Roan—He has not asked any question that was a comparison. Arnold—I withdraw the question. Dorsey—I thought so. Arnold—Then I won’t withdraw it Rosser—Don’t pay any attention to Dorsey, Rtfbe. Arnold—All right; I withdraw it. The witness left the stand and was followed by Detective R. L. Waggo ner. Cabbage Not Long In Stomach. Q. Have you ever experimented or not with the digestion of food?—A. I have. Solicitor Dorsey showed Dr. Hurt samples of cabbage and bread which had been taken from a healthy per son’s stomach after remaining there one hour, and the samples taken from Mary Phagan’s stomach, both of which were submitted by Dr. Harris Friday. Q. How long would you say this cabbage was in Mary Phagan’s stom ach before death occurred?—A. Not very long. Attorney Arnold objected. "Your honor,” he said, "this is unfair. For it is obvious that this cabbage was not chewed. This witness has testi fied that it takes from three to four hours to digest cabbage; also he has said the cabbage said to have been digested in one hour might have gone into the stomach almost in as liquid form as it now appears. It is not a fair comparison, because the two samples of cabbage did not go into the stomach in the same form.” Jury Gets Breathing Spell. While Solicitor Dorsey was looking up an authority the jury was allowed to retire for a breathing spell. Dorsey: "On that proposition I have this to say: Anyone can give an opinion, provided they give the fact on which the opinion Is predicated. I don’t know how many teeth Mary Phagan had; I don't know whether this cabbage was cooked a long time or a short time; I don’t know that this man Jiad as many teeth as Mary Phagan; I don’t know that he chewed it as much or as little as she did; I don’t know that the cabbage she ate was as highly seasoned as the cabbage he ate, or w’hether it was sea soned at all, I insist, your honor, that the Jury can draw' its ow n conclusions of the value of this witness’ testi mony.” Mr. Arnold: "Your honor, the wit nesses tell us it takes at least two to four hours to digest cabbage. We do not contend that either of these speci mens w’ere digested. We merely say they are in a certain state of diges tion." Judge Roan: "Put your question again, Mr. Dorsey. I want to get it straight before I rule.” Headline Upsets Trial. At this moment Judge Roan held up a Georgian in’ which headlines reading’ “State Adding Links to Chain” were visible to the Jury for a moment. Instantly Attorneys Arnold and Rosser were on their feet. Ros ser spoke. "Just a minute, your honor, w-e want to make a motion.” At this moment Arnold leaned over and spoke to Rosser. “We will ask you to excuse us for a moment, judge," said Rosser, ‘while we confer.” Arnold and Rosser retired to a rear room, remarking aside as they went that they might make a motion for a new trial, as they were certain the Jury had read the headlines in the paper. In private conference they asked Dorsey to consent to a new’ trial and he refused. After a five minutes’ conference they returned to the courtroom and Attorney Rosser addressed, the court and requested that the Jury be with drawn. Says Jury Saw Paper. “Your honor inadvertently dis played a newspaper when you came in just now,” said Rosser. “One side was turned up with large red letters reading: ’State Adding Links to Chain.’ Every member of the jury read it; I saw them leaning for ward to see It. “We don’t want to make a motion for a new trial, but we want this jury called back and such explanation made by your honor as w ill eliminate any harm that might have been done by the Jury seeing this paper.” Dorsey objected to Rosser’s re quest of Judge Roan. "I object to your honor making an explanation as to an isolated in stance,” said Dorsey. "It is only fair to the State to call that jury back and ask it if it had seen any new’spaper. It is only fair to the State to tell that Jury that this objection of protest was registered by the defense. The Jury must have seen newspapers on the streets in going to and from the hotel that had headlines in them emi nently unfair to the State’s case. I will ask your honor to explain the matter fully to the jury.” Judge Explains to Jury. Judge Roan heatedly said: "Call the Jury back and I will tell it what I see fit.” Judge Roan said to the jury when the tribunal had been returned to the jury box: "Gentlemen of the Jury, this Is an important case. You will have to be extremely cautious and extremely careful. You are to try this case from the evidence and from nothing elseA It has been suggested that you have been able to see some headlined or some writings in the newspapers which may have influenced you in your Judgment on this case. I de sire to tell you that you are the ones trying this case, and I desire to warn you again that nothing you see in the newspapers on the streets or in the courtroom should have any in fluence upon you either in respect to the case of the State or that of the defense. Let the case proceed.” Examination Resumed. Dorsey was permitted to put his question to Dr. Hurt: Q. How long would you say this cabbage was in Mary Phagan’s stoYn- ach before death?—A. I would say that it was a much shorter time than the other. Q. What kind of unconsciousness is sleep?—A. Natural. Q. Are any of the functions arrest ed?—A. The brain. Q. What kind of unconsciousness does violence produce?—A Unnatural. Q. Are any of the processes of di gestion arrested or delayed?—A. Yes. Q. Have there not been instances of a blow on the head when the skull was fractured and death did not en sue?—A. Yes. Attorney Arnold took the witness on the recross-examination. Q. You said some of the processes were delayed. What are they ? A. Motor and sensory nerves. Processes Dormant in Sleep. Q. Are they not dormant in sleep? A. Yes. Q. How do they affect the blood and the breathing?—A. Not at all. Q. Then how do they affect diges tion?—A. I don’t know. Q. When a man is sleeping, are not all the elements of unconsciousness the same?—A. Yes. Q. You were shown three bottles by Mr. Dorsey. Can you say to what extent this food was digested?— A. No, sir. Q. This could have been taken as a gruel and it would have been in this shape, wouldn’t it?—A. Yes. Q. On the other hand, this man might have had a stomach that could digest a 10-penny nail?—A. Yes. Q. You say that a blow on the back of the head will cause the eyes to blacken?—A. It might. Dr. Hurt Was then excused and was followed on the stand by Chief of Po lice Beavers. Chief Beavers on Stand. As Chief Beavers took his seat Mr. Rosser interposed with the question: Q. Chief, have you been sitting in the courtroom?—A. Not this morn ing. "I did not know I was going to use him until thi« morning,” returned Dorsey. * The Solicitor then ques tioned the witness: Q. When were you at the National Pencil Factory?—A. Tuesday after the crime was committed. Q. Did you see any blood spots near the ladies’ dressing room on the sec ond floor?—A. Yes, I think it was Tuesday I saw them. Attorney Rosser objected to Beavers testifying because the Chief had heard part of the trial. His objection was overruled. Q. How did they appear?—A. There were spots on the floor th’at looked like blood. Roseer took the witness on cross- exar.{nation. ly Monday morning, waen’t it?—A. I was there when it was chipped up. If it was Monday. I was mistaken in saying Tuesday. Q. Chief, you did not know it was Q. That blood was chipped up ear- Will 5 Ounces of Cabbage Help Convict Leo M. Frank? Continued on Page 8, Column 1. Are five and a half ounces of cab bage to be the principal factor In sending a man to the gibbet? If the prosecution is warranted In its belief in the vital and incriminat ing importance of the testimony of Dr. H. F. Harris, director of the State Board of Health, this is exactly the outcome to be expected in the trial of Leo M. Frank, charged with the mur der of little Mary Phagan. It remains, however, for the State to show explicitly Just how the sen sational statements made last Friday afternoon by the medical expert any more clearly connect Leo Frank with the terrible crime than they connect Jim Conley, the negro, who was skulk ing in the National Pencil Factory at the same time. The testimony of Mrs. Arthur White is relied upon to do that very thing. State Plays High Card. The Harris testimony was without doubt the highest card the prosecu tion has played since the trial of Frank started. No other evidence ever has been brought out in the three months of the murder mystery that fixed so definitely and apparent ly so far beyond dispute the time that the pretty factory girl met her death. As the testimony stands, no oppor tunity having been given for cross- examination or refutation, it is eas ily the most damning that has been placed before the jury. It will re main so until the lawyers for the de fense are able to attack the doctor’s testimony or are given the opportu nity to attach to it a significance en tirely different than that advanced by the State. Dr. Harris analyzed the contents of the murdered girl's stomach. He found there 160 cubic centimeters, or about five and tw'o-flfths ounces, of cabbage and biscuit. This was the meal Mrs. J. W. Coleman, Mary’s mother, testified that her daughter had eaten just before she left home on the day of the tragedy. Killed at Early Hour. The process of digestion had barely begun. Dr. Harris showed two speci mens of cabbage which had been in healthy men’s stomachs for an hour. They had been reduced to an emul sion. The cabbage taken from the stomach of Mary Phagan still showed the texture of the / vegetable’s leaves, The digestive fluids seenped to have acted scarcely at all. The presump tion was, therefore, said Dr. Harris, that the little girl had met her death within half an hour after she had eaten the simple meal at her home In Bell wood and had left for the pencil factory. At the most, that was. three- quarters of an hour. Dr. Harris gave his testimony with a professional assurance, the effect of which can be counteracted only by the uttermost skill of Luther Rosser and Reuben Arnold. He was positive that the girl was killed within a half or three-quarters of an hour after she bad eaten. This meant that she was attacked and murdered between 12:05, which is about the time the State belfeves she entered the factory, and 12:20. It was at 12": 05 that Monteen Stover said she entered and found Frank ab sent from his office. Describes Wounds Vividly. The courtroom was hushed as Dr. Harris described the wounds of the girl in a manner that vividly por trayed the State’s theory of how the girl met her death. £$he was attacked near the lathing machine. Th°re was a struggle. Her assailant, infuriated at her resistance or fearful of the approach of persons, struck her fiercely over the right eye. Dr. Harris described the injury. It muvt have been made with the fist, he said, or with some soft instru ment. as there were few signs of abrasion of the skin, only a swelling and discoloration. The blow felled the girl to the floor. She struck her head, against soma hard substance. Dr. Harris* indicated this by testifying that the skin above the wound on the back of the head had been shoved upward slightly, a circumstance which vvoud hardly have obtained had the blow on the back of the head been delivered by a club or other instrument. Further to clinch the State’s in dictment, charging strangulation, Dr. Harris was positive that the blow- on the back of the head could not have caused death. It remained for the assailant to choke the unconscious little girl. There were indications of a criminal attempt before the girl’s death. Of all this the medical ex pert told while Leo Frank looked on him with the same speculative ex pression he had given the other wit nesses. The accused showed neither by the .flicker of an $ye lid nor the paling of a cheek that the graphic reproduction of what the State re garded as the circumstances of the gruewsome crime had affected him in the least. if the prosecution is able to es tablish the accuracy of the conclu- . sions reached by Dr. Harris as a re sult of his analysis and examination, it then will ask: j "If Jim Conley is the murderer of » Mary Phagan and attacked her be tween 12:05 and 12:20, how did he happen to be dozing on a box by the side of the stairs on the first floor when Mrs. Arthur White came down stairs at about 12:50?" As it stands, the testimony of Dr. . Harris Is not by any means conclu- • sive. It is. however, far the most damaging evidence that has been sub mitted. An interested public is awaiting the answer that the defense will make. 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