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H.
THE ATLANTA (JEOKUIAN AND NEWS.
CORONER'S PHYSICIAN DAMAGES HARRIS’ EVIDENCE FOR STATE
Dr. Hurt Says That Undigested Cabbage Does Not Prove Time of Death
EXPERT FOUND NO SKULL
!L
STRANGLED 10 DEATH
Continued From Page 1.
I
factory, was the first witness to he
called when court resumed Satur
day morning. The greatest crowd of
the week besieged the courthouse
clamoring for admission.
Pay Refuted.
Solicitor Dorsey examined Mi«|
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 hav*
there?—A. I asked for Mary Pha-
gan’s tnoney and was told that I could
not get it. I talked to Mr. Franft
Q. Did you ever get her pay before?
—^A. Ye*, 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 Pnagan'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 his hav
ing been in the courtroom for twenty
minutes Wednesday. Wagoner stated
that he had heard nothing, and Judg*'
Roan allowed him to testify.
Q. Where were you Tuesday, April
29?—A. Across the street from th*
National Pencil Factory.
Q. What did you see?—A. I saw
Frank come to the window, wringing
his hands and looking down. He did
il about a doxen times.
Q. Waa he nervous or composed ? —
A. Nervous.
I Q Were you in the automobile
f when he was taken to the police sta-
* tion?—A. Yes.
Q. Was he nervous?—A. Yes. His
leg was next to mine. % lt 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.
I 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 Surgeons and also studied in New
York.
Q. Did you see the body of Mary
Fhagan.’—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 u
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. 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 Bruit*.
Q. What about the wound around
the eye area?—A. The *kin >*** 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 have
been the effect of these blows? Were
they sufficient to have caused death?
—A No. 1 would think the blow on
the back of the head would have
caused unconsciousness
Q. Did you ftr.d any evidence of as
sault?—A. I did not discover any evi
dence of violence. There was some
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. 1 would say they were made aft
er death.
Attorney Arnold took the w itness on
cross-oscaml nation.
Q. How did these scratches ap-
Oould they have been made
I
-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 |nche» 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 h half
inches long and Dr. Harris ^alcl 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 ore 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. AU 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 wdth expert testimony than
anybody eJstj, aren’t you"
SWull Not Fractured.
Q. You didn t s»ce any damage oii
the side of the skull, did you?- A. No.
the skull \vay not fractured. »
Q. The brain was not injured?—A.
There was some slight trace of eon
cussfon on the inside.
Q. You had to be looking for it to
sea it, didn’t you? A. No. it could be
easily seen.
Q. Did you ever hear of n 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. Wore you ever asked before to
examine the inside of a skull to de
termine whether a person was
knocked unconscious?«r- A. No.
Q. Did you ever hear of a person
being killed from a blow on the head
and there being no **car on the out
side?—A. No.
Q. Have you ever heard of per
sons living after a fracture having
the ‘pner and the outer table tre-
plned 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. Dan you toll me what faculty of
the brain was located where this
blow was struck?—A. No. I don’t be*
llevo I c'an.
Q. One thousand 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. 1 Just believe it.
Q. That little hemorrhage was not
what enabled you to say that siie
was knocked unconscious?— A No.
The exterior appearance was on what
1 based my opinion, but I strength
ened it by the extent of the contu
sion on the inside.
Q. How (to you know strangula
tion killed her?—A. I could find no
other causa.
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 lung?"
—A. No.
Q. Why do you say strangulation
caused her death"—A. Recauee I
found the rope deeply Imbedded In
the neck.
Not Sur© About Assault.
Q. Looking at that girl that morning
would you say that she was rav
ished?A. 1 haven’t said so
Q. Will you say so?—A. 1 do not
know.
Q. You found no external signs of
violence*.’— A. No. but my examination
was not final. v
Mr. Dorsey objected and was sus
tained.
Q There are a great many things to
cause a little inti animation?—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.
O- Dr. Harris is a sort of specialist
on post mortems, isn't he?- A. I don t
know.
{Solicitor Doflfeev 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. Yos; more or less.
Q. Cabbage is one of the hardest
things of the world to digest, isn’t it?
BRILLIANT LEGAL WARRIORS
WHO ARE BATTLING FOR FRANK
Calls Wile Out and
Stabs Her in Heart
Ed J. Thomas
years of age, cal
negro about 23
his wife, Emma
Thomas, out into the street from their
home at 495 Auburn avenue Friday
night and stabbed her in the heart to
death.
He fled and no trace of him has yet
been found by the police.
Thomas went home Friday nig'M
and found his wife playing cards. Hi
told her he wanted to speak to her
on the outside. A moment after she
went out a scream was heard. They
found her lying in the street dead
— A. Yes. it is generally regarded as
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 much
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 down
mellowed. Wouldn’t it take inu*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-
ehewed cabbage had not been in a
stomach—
"I object,’’ said Dorsey. "That is
a question for a jury, and not Dr.
Hurt.”
"I thought it was wild,” said Mr.
A rnold.
"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 Doraqy. The Solicitor was
sustained.
Death Stops Digestion.
Q. Do» s death stop digestion?—A.
Yes. sir; 1 think It does.
Q; When a person becomes uncon
scious, does digestion stop?—A. I
rather think so.
Q. Jf you ate something and went t;i
sleep, digestion would cent!;. ie?—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.
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 was un
conscious until the time she died?—
A. No, l don’t think 1 did.
A mass of testimony followed that
is unprintable. In tlie course of it,
Dorsey said:
"l object to these comparisons.”
.Judge Roan -He has not asked
any question that was a comparison.
Arnold- l 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; 1 withdraw it.
The witness left the stand and was
followed by Detective R. L. Waggo
ner.
The testimony of Dr. Harris came
as a startling climax to Friday’s ses
sion of the Frank trial. The State
had been getting along only indiffer
ently well up to this point.
Darley Proves Disappointment.
N. V. Darley, associated with Frank
in the supervision of the factory’s
administration, had given promLe
of being one of the State’s star wit
nesses. but he later had proved a
disappointment from the prosecution’s
viewpoint and under the eross-exani-
1 ination of Reuben Arnold had devel-
I oped about as good a witness for the
defense ajs the State has called so
| far.
Mrs. Arthur White, wife of one of
! *he employees who was working on
the fourth floor of the factory the
day of the crime, possibly added a
weak link in the chain of circum
stantial evidence that the State is
welding about Frank, but the most
that she could say was that Frank
was Mtartled when she entered his
office at 12:30—just after the girl had
been murdered, according to the
State’s theory - and that Frank did
not pyt on his hat and coat to leave
as he said he Was going to do when
he came ro the fourth floor at 12:50
to tell the three persons there to go
or be locked in.
One piece of her testimony which
is expected to play an important part
-n the later developmen* of the State’s
theory was that she saw a negro
lounging by the steps as* she left a
few minutes before 1 o’clock.
Four Others Called.
The other witnesses of the day were
Call Officer W. F. Anderson. Stenog
rapher L. F. Parry, Albert McKnlght,
husband of the servant girl in the
home where Frank and his parents
lived, and G. C. Febuary. private
secretary to Chief of Detectives Lan-
ford.
Anderson told of his efforts to get
Frank on the telephone the morning
of the tragedy. Under croES-exami
nation, he was led to repudiate in
part some of the testimony he had
given at the Coroner’s Injuest. Be
fore tho Coroner he had said that
the negro Never Lee could not have
seen the body of Mary Phagan from
tho point where he declared he stood
when he made his grew some discov
ery. I
Attorney Rosser called his previous
testimony to his attention, but the
policeman averted that he was mi.--/
taken when he made his first state
ment and that it now was his opinion
that Lee could have seen the body all
right.
Parry was called to identify the
testimony of Leo Frank before the
Coroner’s jury and later by the de
fense was asked to identify that of
Lee and other witnesses and declare
if it was a correct statement of what
th&y had «Ud at the preliminary in
quiry.
Gets in Frank's Story.
Solicitor Dorsey called Febuary to
get in evidence the lirst statement
that Frank made to .the police after
he was taken to headquarters In
this statement Frank said that the
Phagan girl came to the factory for
her money between 12:06 and 12:10
possibly 12:07.
McNnight's most important testi
mony was that he had been in the
Frank home at 1:30 the afternoon of
April 26, and had seen Frank come
home and rush away without getting
anything to eat. He said that look
ing into a mirror from his vantage
point in the kitchen he had obtained a
good view of Frank as he entered
the hpuse.
He declared that all Frank did was
to go to the sideboard and a moment
later leave the hous '. Frank at the
Coroner’s inquest said that when he
went home at noon he ate luncheon
with his father-in-law and lay down
for a few minutes on the lounge, Mde
Knight said he had a good view of the
table and that Frank did not sit down.
Darley, after admitting to Solicitor
Dorsey that Frank was nervous, pale
and trembling tne day after the trag
edy, added under cross-examination
that this condition was nothing un
usual for the young factory super
intendent. He said, that frequently
when Frank was excited he ran his
hancls throug^i his hair and that he
had seen Frank a thousand times rub
his hands nervously.
lie also declared that on two occa
sions in particular he had witnessed
Frank in the same condition he was
in Sunday at the factory. One was
whep Frank, saw a street car run
clown a child, and another when he
had an altercation with one of the
factory officials.
Darley testified it was nothing un
usual for scratch pads like the one
found in the basement near Alary
Phagan’s body to be discovered in
any part of the factory. He said
the same of the pay envelopes like
the one found by Mary Phagan’s ma
chine. He asseified that the envelopes
were scattered on every floor of the
factory every pay day. A ripple of
merriment was caused when Attorney
Arnold, referring to It. P. Barrett and
his discoveries of pay envelope, blood
spots and strands of hair, designated
him as "Christopher Columbus Bar
rett."
After a sharp fight between the at
torneys. Attorneys Arnold and Ros
ser succeeded in getting before the
jury that other persons as well as Let)
Frank were excited and nervous after
the tragedy. Judge Roan was in
clined at first to sustain the prose
cution’s objections, but later decided
that testimony of this sort might be
admitted in order that the defense
might show that these signs of ner
vousness need not be taken as indi
cations of guilt.
Will 5 Ounces of Cabbage
Help Convict Leo M. Frank?
Are five and a half ounces of cab
bage to be the principal factor in
TAKE A
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SEASHORE
EXCURSION
AUGUST 7.
Jacksonville, Brunswick,
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^uSa.dST Fla " $8 A. K; HAWKES €0.
TWO SPECIAL TRAINS.
10 p. m. solid Pullman train.
10:15 p. m. Coach train,
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! SOUTHERN RAILWAY.
Grasshopper Pest a
Blessing-Incognito
JET MORE, KANS., Aug. 2,—Elmer
Mather, a farmer, who lives near Bur
dette, has an extensive irrigation
plant.
He pyt in eighteen acres of beets,
which were doing fine, when they at
tacked by the grasshopper plague. Mr.
Mather proceeded on the work of im
provising a trap out of a header and
pans of water and crude oil.
He not only saved the crop, but
caught 119 bushels of hoppers, the
greater part of which he has dried,
sacked and stored away for chicken
feed for winter use.
Woman Trades Vote
For Vagrant Snooze
sonuing 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 ot
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 ^Vhito 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 tri?*S of
Prank 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 two-fifths ounces, of
cabbage and Disouii. This was the
meal Mrs. J. W. Coieinan, Mary’s
mother, testified that her daughter
had eaten just before she left home
on the day of th£ tragedy.
Killed at Eariy Hour.
The process of digestion had barely
begun. Dr. Harris showed two speci
mens of cabbage which had been it:
healthy men’s stomachs for an hour.
They had been reduced to an emul
sion. The cabbage taken from Mx
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 w’as, therefore, said Dr. Harris,
that the little girl had met her death
within half an hour after she had
eaten the simple meal at he? home in
Bel)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
tlie v uttermost skfll of Luther Rosser
and Reuben Arnold. He vr?Ls positive
that the girl was killed wfthin a “half
^or three-quarters of an hour after she
had eaten.
This meant that she was attacked
and murdered between 12:05, which
is about the time the State believes
CHICAGO, Aug. 2.—"God bless you,
Judge! You’ll'get my vote."
This was the speech of Mary Mack
ey to Municipal Judge Gemmill qfter
he had discharged her. Mary was
found asleep in a vacant lot, and she
could tiot explain to a policeman.
TO RESTORE APPETITE.
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BABY’S AWFUL
ECZEMA CURED
she entered the factory, And 12:20.
It was at 12:05 that Monteen Stover
said she entered anti found Frank ab
sent from his office.
Describes Wounds Vividly.
The courtroom wac 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 npar the lathing
machine 1 . 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
mus't ’ hpyti 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
ar.d discoloration.
The blow felled the girl to the floor.
She struck her head against somo
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
cireurflstance which woud hardly have
obtained had the blow on the back
of the head boen delivered by a cluu
or other instrument.
Strangulation Indicated.
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 cause J 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
pel t 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 ari eye lid nor the
paling of a cheek that the graphic
reproduction of what the .State re
garded as the circumstances of th**
gruewrome crirhe had affected him in
the least.
If the prosecution is able to es
tablish the ac curacy 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 $he murderer of
Mary Phagan and attacked lur be
tween 12:05 and 12:20. how did ha
happen to be dozing on a box by the
side of the rtairs 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.
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 carg on most con
venient schedules.
SOUTHERN RAILWAY.
KODAK DEPT.
14 WHITEHALL
1
Face Just a Sore. Scratched Till It
Bled. Resinol Stopped Itching
Almost instantly. Soon Well.
May 20, 1913:—"My baby's face
broke out with eczema. We tried
many .prescriptions', ointments and
lotions, bat the baby’s face kept
getting worse all the time. He
would scratch it until it would !
bleed, and finally his face on both
sides was just an awful sore. It I
bothered him so much that be
could not sleep much at night.
"I sent for samples of Resinol ;
Soap. and Reeinol Ointment and I
used them according to directions.
The result ..was something won
derful. The itching stopped al
most instantly, and from the first
application we could sec a marked
improvement. I then bought a fif
ty- -ent jar of Resinol Ointment
and a cake of Resinol Soap, and by
the time the jar of Ointment was
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other jar and used only half of
• t, and the cure was complete.. My
doctor recommends Resinol very
highly and l cannot sav too much
for Resinol Soap ana Resinol
Ointment.”
(Signed) S. L Farter. Salem. Va.
Physicians have prescribed Resi
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For samphs* writ, to Dipt. 2-R.
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TROUBLE, STRICTURE, VARICOCELE,
HYDROCELE, NERVOUS DEBILITY,
RUPTURE, ULCERS AND SKIN DISEASES
CONTAGIOUS BLOOD POISON
Catarrhal Affsot’.sns, Plisj and Fistula ami all Mcrvods, Chronic am
Prlvutr OismsEs ot Men <»rtd Warner.. u
Newl* contracted and chronic Caws of Burning, Itching and Tr.flammadon stopped ,
hours. I am irfatnat high and extortionate fees charged by some physicians and
My T,-n are iyi» and no oi.-re than you art willing to pay for n c ure. Al
ths* fures: rn4 be»t of drucs. arc tupplld from my own private laboratory. OUT-OP iv w
MEN VI WIT I NY. TffE CITY, consult me at once upon arrival, ai.u maybe you can be [
before returning home. Many cases can be cured In one or two viglts.
CALL OR WRITR-- No detention from business. Treatment and advice confldcn-ial. no- - n
m. to 7 p. in. Sunday. 9 to i. If yon can't call, write and five m* 'ull : r1;t. ■ \j
complete i msu.taCon costa you r.,.thing and If I can h»lp you 1 «.
case In your own words.
ns I Q E41ST& Opposite Third National Bank
nu «‘ ‘- 5 l IS 1-2 Morth Broad Stroot. Atl.nt.
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