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n 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 WITH YOU A pieturr taken from your own point of view, or one taken by your self of your friends—these are the pictures that you treasure the most. Right now is the very heart of the Kodak season, and you’re missing a heap of fun if you don’t own a Kodak. Brownies. $1 to $12. Ko daks. $5 to $65. Come in and see for yourself how easy it is to op erate one. SEASHORE EXCURSION AUGUST 7. Jacksonville, Brunswick, St. Simon, Cumberland, At lantic Beach, $6.00—Limit- ^uSa.dST Fla " $8 A. K; HAWKES €0. TWO SPECIAL TRAINS. 10 p. m. solid Pullman train. 10:15 p. m. Coach train, j Make Reservations Now. ! 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. Take Horsforil’s Acid Phosphate. EsjKKially recommended for restoration of appe tite, strength ami vitality Non-Aleoholle. Adv. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company, 455 EAST FAIR STREET. 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 used, the baby’s face was almost entirely cured, mo I bought an 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 nol for eighteen years and every druggist in the country sells Resi nol Soap and R* Hnol Ointment. For samphs* writ, to Dipt. 2-R. Resinol, Baltimore, Md. Do you feel safe about the wa ter you are drinking? Let us tell you about Cascade Spring Water It’s a pure, soft, unadulterated, natural spring water. It’s an absolutely safe water. There is positively no salt or chemieals of any kind add ed to it. We do not "doctor" it. Phone or write us. Cascade Spring Water Company Atlanta Phene 5856-A R. F. D. No. 1, Atlanta, Ga. FAY ME FOR CURES Of4LY If ysu h»v# b*«n taklnfl treatment for weeks and month; and pay. bid out your hard sarnad money without being r red. don't think It U high tlms to accept DR. HUGHES' GRAND OFFER? You will certainly not be out any more money If not cured. Co* tat Inn and Examination arc Free for the next thirty days. If I docldu that your condition will not >l6ld readily to rj treat- ntrnt. 1 Mil he horn s' witi* you and tell you no, and not kc< your money under a promise of a cure. My treatment will positively pure for the foliflwing diseases: or I will make you no aiuuca KSDHEY, BLADDER AND URIHARY 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. - — .•sssjryugg: •- \ L, \ k, C /