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THE ATLANTA GEORGIAN AND NEWS.
CORONER'S PHYSICIAN DAMAGES HARRIS' EVIDENCE FOR STATE
Dr. Hurt Says That Undigested Cabbage Does Not Prove Time of Death j
PYPFRT MIHin Nfi QKIH I | FOREMAn1)F ' fACTORY|— = WiU 5 Ounces of Cabbage
LAILill I UUIIU I1U UllULL AN IMPORT ANT WITNESS '“ni-.-..,-— ™.. Help Convict Leo M. Frank?
_____ S S it riupution fnr » lurv and not Dr. 1urv onllpd hark and aurh Avrnlanatinn
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STRANGLED TO DEATH
Continued From Page 1.
tor’s speech spoke In undertones,
threatening & mistrial If the prose
cution's request was granted.
Judge Warna Jury.
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 bo
extremely cautious and extremely
careful. You are to try this case from
the evidence and from nothin* else
It has been auggpsted that you have
been able to see some headlines or
enme 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 ones trying this cas.i,
and I desire to warn you again thit
nothing you see In the newspapers on
the streets or in the courtroom should
have any Influence upon you either !n
respect to the case of the State jr
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 wlt-
tiessen 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 by
an examination of the lungs. He ad
mitted the lungs were not examined.
Attacking the testimony of Dr. Har
ris, who 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
sort of a guess. Harris had based
his conclusions on the fact that the
cabbage he had found In her stom
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 time required to di-
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 Bhe was
killed.
Dr. Hurt accompanied this state
ment by the one. equally vital, that
no examination was ever made of the
murdered girl’s lungs. From this tes
timony the defense will be able to
argue that the State had no substan
tial foundation for its charge that the
girl wae 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-
gan’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 swero 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.
Chief Beavers was one of the wit
nesses of the morning. An informal
objection we.s made by Attorney Ros
ser to his appearing a? a witness as
the Chief previously had been in the
courtroom as a spectator. Solicitor
Dorsev explained that he had not
known that he was going to call
Beavers until the afternoon before.
The Chief testified only to hts 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 witnesses of the day were
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 wag refused
Robert Lassiter, a policeman.
>und the parasol and a ball of
png twine at the bottom of the
Ror shaft and Dr. Hurt
at at least three or four wit
nesses wall be placed on the stand by
the Sts A before Jim Conley Is called
i inaHUted Saturday afternoon. Dr. i
Harris, who was 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 adhnlnal
surgery, who will be used by the State
to corroborate the testimony of Dr.
Harria
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.
Links in State’s Case.
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 26?—A. Yes.
Q. Did you work that day or Just
go there?—A. I went to 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. Frank.
Rosser took the witness on cross-,
examination.
Q. Did you know who paid off?—A.
No.
Q. Did you ever get Mary Phagan’s
money from Mr. Frank?—A. No.
Q. Did you work in the metal de
partment with Mary?—A. Yes.
Says Frank Wrung Hands.
Attorney Rosser raised an objection
to Wagoner on account of hia 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 the
National Pencil Factory.
Q. What did you see?—A. I saw
Frank come to the window, wringing
his hands and looking down. He did
it about 8 dozen times.
Q. Was he nervous or composed?—
A. Nervous.
Q. Were you in the automobile j
when he was taken to the police sta- )
tlon?—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 doing in front oi
the factory?—A. Watching.
Q. Do you know whether Frank
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 yobr 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 Surgeons 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. 1 wept 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 coni? (Dorsey dis
played a long hemp cord.)—A. Yes,
so It appears.
Q. Was there any swelling in the
neck?—A. Yes.
Q. What would that indicate?—A.
That the cord was put around her
neck before death.
Q. What was the appearance of
the scalp wound?—A. It appeared to
have been made by a blunt instru
ment from below 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. Could a fist have done It?—A
Yes. It was quite possible.
Q. What do you think would hav
been the effect of these blows? We
they sufficient to have caused death?
—A. No. I would think the blow on
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
N. V. Darley, presented by the State, proved.to be one of the
most important witnessed in the trial of Frank.
blood, but I could not say whether It
was from a wound or not.
Q. What was the nature of the
wounds on the elbows 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
h ee i s ?—a. No. If she were dragged.
I should say she was dragged face
forward. The scratches ran back as
though she was 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 two 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 roy ability.
Q. All expert testimony is guessing
more 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 medical 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 inner and the outer table tre-
»lned and a piece taken out and ther.
! ving?—A. Yes.
Results Always Uncertain.
Q. You can reduce almost every
faculty of the brain without pro
ducing death? The sight, the hear
lng?—A. Yes.
Q. Can you tell me what faculty of
the brain was located where thU
blow was struck?—A. No, I don’t be
lieve I can.
Q. One thousand different effects
could bo 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
w’as 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 Assault.
Q. Looking at that girl that morning
would you say that she was 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 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
hard.
Q. 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 depends a great deal on how
well It was chewed, 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 hurriedly ate some
cabbage and allowed it to go dow.i
unchewed. Wouldn’t it take mu'*h
longer to dig''** the iinchewed part ?
—A. Yes.
Q. Don’t you think k doctor is mak
ing a mighty wild statement to get up
here and state that a piece of un
chewed cabbage had not been In a
stomach—
‘T 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.
Daath 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 was a wild
guess to say how long she w*as 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, Rube.
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. Jfor
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 had 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 whether it was sea
soned at all, I insist, your honor, that
the Jury can drawjts own 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 were 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 s 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, we
want to make a motion.”
At this moment Arpold 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 will 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 newspaper.
It is only fair to th e 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 yedir honor to explain the
matter fully to the Jury.”
Judge Explains to Jury.
Judge Roan heatedly said: "Call
the jury back and T 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
else. It has been suggested that you
have been able to see some headlines
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 stom
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
alf 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 this* 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 s*aw 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 that looked
like blood.
Rosser took the witness on cross-
examination.
ly Monday morning, wasn’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-
Continued on Page 8, Column 1.
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.
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 ?he 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 flve and two-fifths ounces, of
cabbage and biscuit. This was the
mea! Mrs. J. W. Coleman. Mary's
mother, testified that her daughter
had eat^n 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 seemed 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
Bellwood and had left for the pencil
factory. At the most, that was three-
quarter? of an hour.
Dr. Harris gave his testimony with
a professional assurance, the effect of
which can be counteracted only %by
the uttermost sk’ll 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
had eaten.
This meant that she was attacked
and murdered between 12:C5. which
is about the time the State believes
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.
She was attacked near the lathing
machine. There 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
mu«t 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 seme
hard substance. Dr. Harris indicated
this by testifying that the skin above
the wound on the back of the head
bad been shoved upward slightly, a
circumstance which woud hardly have
obtained had the blow on the back
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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 eye lid nor the
paling of a cheek that the graphic
reproduction of w’hat 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:
“If Jim Conley is the murderer of .
Mary Phagan and attacked har 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 Dt.
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.
Takes 500 Pounds of
Fat Off 40 Patients
Special Cable to The Georgian.
LONDON, Aug. 2.—Professor |Na-
gelschmidt performed two operations
in a London hospital to-day with his
wonderful diathermic treatment, in
which he employs both medicine and
surgery. In the former electric rays
of very high temperature are passed
through the diseased part. In the
surgical part of the treatment the
current reaches the tissues from the
edge of a knife-like application which
acts as a bloodless cautery.
The professor has used his treat
ment for the reduction of obesity, and
says 40 patients were deprived of an
aggregate of 500 pounds of fat.
Old English Borough
Has 1,000th Birthday
LONDON, Aug. 2.—The borough of
Tamworth, once a Saxon stronghold,
is to-day celebrating its one thou
sandth birthday. It owes its founda- ’
tion to Ethelfleda, daughter of King
Alfred the Great.
Just a thousand summers ago the j
courageous Princess marched at the
head of her army to Tamworth, re
captured the home of her ancestors,
rebuilt the town and restored as
fortress. ’
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