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TTTE ATLANTA GEO ROT AN AND NEWS.
CONLEY, SWEEPER, LIKELY TO BE LAST WITNESS FOR STATE
Frank Startled When Woman Came Upon Him Suddenly in His Office
EMPLOYEESHITBYRDSSER
Continued From Pago 1.
m*Ae the same error that Frank did,
bailm lng at the time that the puQChea
had been made oorrectly. The tape
wa» shown to the Jury to prove how
the mistake might have been made.
Judge Roan ruled out testimony as
to the conduct and appearance of
ether persons than Frank at the fac
tory Sunday morning
The defense played one of Its strong
cards In behalf of Leo M. Frank when
It secured from Darley, manufactur
ing bead of the plant and State's wit
ness, evidence that the prisoner per
formed three hours of the most Intri
cate mathematical work Just after the
time the prosecution claims Mary
Phegan wai slain.
This, the defense brought out, Be-
QulBed an exceedingly clear mind.
Darley also gave startling testimony
as to Frank** nervous and upeet con
dition on the two days following the
murder of Mary Phagan.
The statements of Darley < xme as a
complete surprise. The n:.tui*e of th#
testimony had been carefully guarded
by the Solicitor.
Darley declared that he and Frank
arrived at the factory at about the
same time Sunday morning, April 27,
and that he first noticed Frank s
nervousness when he saw the factory
superintendent’s hand tremble vio
lently when he grasped the ©levatjr
rope to run the elevator down into
the basement.
“When we got down to the base
ment,*’ continued Darley, “and Frank
started to nail up the back door, I saw
that his hands were trembling and I
took the hammer and nailed up the
door myself, because 1 thought I could
do it better than he could.”
Darley also told that when he rode
with Frank to the police station Mon
day, Frank sat on his knee.
“I could perceive that his whole
body was trembling and shaking,”
•aid Darley. ”1 noticed It all of the
way to the station house.”
Club Not Found in Clean-Up.
Solicitor Dorsey asked Darley about
a general clean-up ordered by a gen
eral Insurance Inspector who visited
the factory April 28. Darley replied
that the factory had been cleaned on
the first and second floors on or be
fore May 3.
Dorsey then called for the bloody
club that was said t have been found
on the first floor May 18 near where
Jim Conley was sitting. Dorsey threw
It down with a clatter by the chair o!
the witness.
"Was any club of this oort turned
up during the cleaning process T
shouted Dorsey.
"No,” the witness replied.
"And was not this a thorough
cleaning?" the Solicitor asked.
"It was a general cleaning,” replied
Darley.
Frank Explains Nervousness.
Darley said that Frank later ex
plained his nervousne*- of Sunday by
saying that he h. d not had any
breakfast and that he had Just lookei
•upon the body of the dead girl at tho
morgue. The witness added that
Frank did not appear completely up
set Monday, as he was able to trans
act a number of business affairs.
Darley, in spite of his testimony,
which will be interpreted by the State
aa Incriminating agr :«*i Frank, prob
ably was as valuable a witness for
the defense as he was for the prose
cution. It was under tha skillful
questioning of Attorney Reuben Ar
nold, who had begun to take a mor*
active part in the cross-examinations
than he had at first, that Darley tola
of the intricate work that Frank did
on the afternoon of April 26 after
the time the State claims that Fran*
murdered the Phagan girl.
Mrr Artl.ur White, wife of one of
the employees of the National I'enc.l
Factory, who declared she saw a ne
gro hiding behind some boxes on the
first floor of the p’ant on the dav
Mary Phagan was killed, was the first
witness called Friday.
The State with her testimony * egan
to pave the way for the appearance
of Conley, who. It is believed, would
be the last witness to be called by
Solicitor Dorsey, as he would be the
most gneuajular
The first witness said her husband
had been workine at the Nation il
Pencil plant about two years.
Tells of Going to Factory.
Q. What is your husband’s name?—
A. John Arthur White.
Q. Where does he work?—A. At the
National Pencil Factory. He has
worked there about two years.
Q. Where was ke April 26?—A. At
the pencil factory.
Q. Did you go to the pencil factory
that day?—A Yes; about 11 o’clock.
Q. Did you see Frank?—A. Yes; he
in his outside office.
h Q. What did you say to him?—A. 1
feim I wanted to see Mr. White,
did he aay?—A He asked
me if I waa his wife. He said he
thought so, as I looked like the Camp
bells. 4,4
Q. Did you see your husband?—A
Yes; he sent for him.
O. Did vou go upstairs at 11:30 a.
m.?—A. No.
<4. What time did you leave?—A.
About ten minutes to 12.
Says Frank Jumped.
Q What time did you come back?
—A. About 12:30.
Q. Whom did you see?—A. I saw'
Mr. Frank standing at the safe In his
office.
Q. What happened then?—A. I
saked him If I could see Mr White.
As I spoke to him he Jumped.
Q What did you do then?—A. I
went upstairs to see Mr. White.
Q. Did you see anybody else in the
office except Denham, White and Mr.
Frank?—A. No, sir.
Q. Did you see anyone else as you
came down?—A. I saw a negro.
Q. Where?—A. He was sitting on a
box near the stairway that leads up
to the second floor.
Q. Where did you see Frank the last
time?—A In hig outside office
Q. Where was your husband and
Denham at work?—A. Ot, iic fourth
floor
Said She Had Better Go.
Q. What were they doing?—A
Working on a machine with a ham
mer.
Q. When did you first hear the ham
mer?—A. When I got on the fourth
floor.
Q. Did you see Frank again before
you left?—A. He came up on the
fourth floor.
Q Did anybody say anything about
your going up to the fourth floor?—
A. Yes; Frank told me to go up there.
Q. What time did Frank come to
the fourth floor?—A. Some time be
fore 1 o’clock.
Q. Where were you at 1 o’clock?—
A. At McDonald’s furniture store.
Q. Why did you leave before 1
o’clock?—A Mr. Frank said, “Arthur,
if your wife wants to get out before
3 o’clock she had better leave now. 1
will go as soon as I get my hat and
coat"
Frank In Office as She Left.
Q. When you came down, did you
se© Mr Frank?—A. Yes; when I went
down he was sitting in his office.
Q. Did he have on his hat and coat
as If he were going out?—A. No.
Q. What was he doing?—A. Writing.
Q. Could your husband and Den
ham see the vt&lrw&y from upstairs
where they were working?—A. No.
Rosser took the witness on cross-
examination.
Mrs. White, you talked about this
matter to Mr. Arnold and myself,
didn’t you? You told us you left the
factory about 1 o’clock?—A. Yes.
Q. You don't mean to change your
statement by saying It was ten min
utes to 1 when you left, do you?—A. I
can’t say exactly what time It waa
but I know It was about 1 o'clock.
Q. You left there the first time
about 11:30 o’clock?—A. Yes.
Q. Who were there?—A. Two men.
Mr. Frank and a stenographer.
Q. Your father and your brother
are old employees there, aren’t they?
—A. Yes.
By whom did he send word to
your husband that you were there?—
A. Miss Emma Freeman.
Q. How long was it before your
husband came?—A. About five min
utes.
Q. Who else was there?—A. Miss
Hall, Miss Freeman, Mrs. May Bar
rett and her daughter.
Q. You came back to the factory
about 12:30, didn’t you?—A. Yes.
Q. How accurate are you about
that?—A. I looked at the clock.
Q. How close were you to Mr.
Frank before you spoke?—A. I was !»
the office door Just behind him.
Q. He Jumped and you thought he
was surprised?—A. Yes; that’s what
I thought then.
Q. When he told your husband he
was going to leave, he said you had
better go pretty soon?—A. He said I
had better go now.
Q. You did wait a few minutes?—A.
Yes.
Q. Just where did you see the darky
as you went out?—A. Between th*
stairway?—A- Five or six feet.
Q. What do you mean—between the
foot of the stairway and the door?—
A. Yes.
Q. How far from the foot of the
starlway?—A. Five or six feet.
Mr. Rosser took a blueprint to ex
plain the position in which she saw
the negro.
Q. How long after this was it that
you talked with Mr. Dorsey about see
ing this negro? Wasn’t it four or
five days?—A. No, sir; about two
weeks.
Mrs. White left the stand. Arthur
White, her husband, was called, but
failed to answer his name. M. V.
Darley. assistant superintendent at
the National Pencil Factory, wai
called.
Darley on Stand.
‘Q. What is your business?—A. As
sistant superlnten ent at the Nation
al Pencil Factory. I have charge of
the manufacturing nlant.
Q. Who is your superior?—A. I con
sidered Hig Montag.
O. You and Frank worked together,
didn't you?—A. Yes.
Q. Were you at the factory Sat
urday, April 26?—A. Yes
Q. What time did you leave?—A.
About 9:40.
Q. When were you there again?—A.
Sunday morning about 8:10 or 8:20.
Q Why did you go there?—A. Mrs.
say?—A. I don’t remember. He said
something about having on a new suit
of clothes, or something.
Q. Did he say anything about not
having breakfast?- A. He said he
hadn’t had his breakfast and wantel
a cup of coffee.
Q. Did he say anything about be
ing nervous?—A. Yes; he said they
took him by Bloomfield's and into a
dark room, where they turned on the
light suddenly and he saw the girl.
He said it made him nervous.
Q. Were you there when Newt Lee
was?—A. Yes.
Q. Was Lee nervous?—A. No; he
was composed.
Q. Did Frank say anything about
the murder?—A. He was under the
impression the murder occurred in the
basement.
Q. Did he say anything about the
lock and staple?—A. Yes; he said it
looked like It was mighty easily
“He will have to make the usual
showing that he was entrapped, you* !
honor,” saM Arnold
“He is trying ot brlnr ip evidence
from the outside.'’ said Ronaer.
“You c&i'. i read it, Mr. Dorsey. ’
said Judge Roan.
“My friend Dorsey would sbow any
thing, your honor.” said Rosser
“Nothing’s too good for him.”
Q. State to the Jury how much if
Frank s body was nervous?—A. That
is a pretty hard question.
“Look at this,’’ said Dorsey, shoe
ing him an affidavit.
“I said there he was shaking all
over," said the witness.
Rosser objected.
Judge Roan asked the witness If
he was making that statement now.
Parley's Replies Guarded.
“Judge, that’s a very hard question
STATE’S WITNESSES
SKETCHED AT TRIAL
Harry Scott, Pinkerton detect
ive, in a characteristic attitude
testifying.
Claude E. Smith, city bacte
riologist, showing the jury the
blood-stained shirt found at
Newt Lee’s home.
asked Judge Roan of Solicitor Dor
sey.
Dorsey and Hooper conferred.
“I am willing to strike out all ref
erence to Newt Lee’s condition,” said
Dorsey.
Attorneys Exchange Courtesies.
“I am glad it has finally dawned
on my brothers that these questions
are illegal,” said Rosser. “I have
been trying to get them to see and I
am glad to say the light finally has
dawned upon them.”
“Your Honor,” interrupted Hwoper,
“I- object to Mr. Rosser’s statement
about how long It takes anyth
soak into my head. A refere:
strike it all out.”
“I ,
of!' *
the financial sheet Monday?—A. Yea*
Mr. Frank called my attention to it.
Q, What did he say, and at what
time?—A. I dont’ recall the conversa
tion. but it was about 9 o’clock.
Q. Did Gantt ever come to the fac
tory after he was discharged?—A.
y 0g
Ordered Factory Cleaned.
Q. Did Frank say anything about It?
—A. I don’t recall.
Q. Did Mr. Haas, the Insurance
man. come to the factory Monday or
Tuesday?—A. He did.
Q. What did he do?—A. He ordered
us to clean up the factory in a gen
eral way.
Q. What time did you clean up tha
main floor?—a. May 3.
Q. Did you know anything about
the finding of this club? (The wttnese
w'as handed a heavy stick.)—A. No.
Q. Do you know whether it wa^
found before or after the cleaning*
up?—A. Afterward—about May IB.
Arnold here took up the cross-ex-,
amination.
Q. Did you see any spots on th%
floor?—Yes. in the dressing room.
Q. Who showed them to you?—Aw,
Quinn.
Calls Barrett a “Columbus."
Q. Where w'as the hair found?—A*
On the handle of the lathe.
Q. How was it?—A. Wound around!
the lathe.
Q. Did Mr. Barrett find It?—A. Y<
Q. How many strands of hair wen*-
there?—A. Not over six. I,
Q. Barrett has been doing moat at" *
the discovering around there, hajm*t
he?
“I objeot," said Dorsey. “The ques
tion Is immaterial.”
“I want to show that this man Bar
rett was a monomaniac," said Arnold.
Judge Roan ruled: “You can show
that this man was more than ordi
narily interested.”
Q. Do you recall Barrett stating* ha
was, working for a reward?—I don’t
recall. 1
Dorsey: "I object.”
Judge Roan ruled. "I have ruled'
that he can show that to prove in
terest.”
”1 #ant to show that this man was
a regular Christopher Columbus.”
Q. Do you know who Barrett mada
this statement to?—A. No.
Q. Is this a pay envelope?—A. Yes.
Pay Envelopes Common.
Q. Are they thrown all over the
factory?—A. Yes. We have a rule
that if there is any mistake in the
pay roll It had to be reported before
the employee left.
Q. They are very common In the
metal room?—Yes.
Q. Were you present Sunday morn
ing when Frank took out the time
slip?—A. Yes.
Q. Did you see him run his finger
down the time slip?—A. Yes. He ran
his finger down the number side. I
was looking over his shoulder.
k Q. Is there a row of figures down
the number side?—A. Yes.
Q. Did Frank say anything?—A.
Yes. He said they were all punched
and I verified it.
Q. How did you do it?—A. Just
loking at the numbers. We w’ould
not have noticed a skip in the time.
Juror Asks Question.
Attorney Arnold addressed the
court:
"Your honor, a Juror wants to ask
a question, but Mr. Hooper objects.”
“I don’t object to his asking the *
question, but I do object to Mr. Ar
nold giving the answer,” said Mr.
Hooper.
Juror Marcellus Johemming asked
Darley to explain the time clock sys
tem, which Darley did.
Arnold took up the financial sheet.
Q. What did Frank say about tho
financial sheet? I
“I object,” said Hooper. “He can
ask him about the sheet, provided it
is later put in evidence.”
“We will put it in all right.” said
Arnold, “and plenty of other evidence.
You need not worry about that.”
Q. When was the financial sheet
Continued on Page 3, Column 1.
Funeral Designs and Flowers
FOR ALL OCCASIONS,
Atlanta Floral Company,
455 EAST FAIR STREET.
witness.
Q. Did you
Monday?—A.
work to do.
There wasn’t
Monday?—A. Yes.
E. F. Holloway, pencil factory foreman, who said that he saw Frank return to the factor}' Sat
urday forenoon unaccompanied.
Frank called me.
Rosser objected.
“I object to anything Mrs. Frank
said. She can’t be used as a wit
ness." he said.
“Your honor, we have already
shown that Frank told his wife ta
call this man,” said Solicitor Dorsey.
"If that’s all you want to show, 1
withdraw my objection,” said Rosser.
Q. What time did Frank call at the
factory?—A. Shortly after 1 did.
Q. Did you notice anything unusual
about Frank?—A. When he reached
out his hand to start the elevator, it
was trembling. And again when he
went to nail up the back door, he was
so nervous he couldn’t do it, and I
did it for him.
Said Body Mad© Him Nervous.
Q. What* If anything, did Frank
pulled.
Staple Easily Pulled.
Q. Did you observe anything about
the staple?—A. Yes; it looked as if
it had been taken out easily.
Q. Did you see Frank again?—A.
Yes, the following day.
Q. Did he say anything about his
nervousness of the day before?—A.
Yes; he said something, but I have
forgotten.
“Your honor,” said Dorsey, “I would
like to refresh the witness’ memory by
reading his previous statement.”
"You can only show it to him,” an
swered Judge Roan.
Dorsey showed Darley the affidavit.
Q. Just tell everything you heard
Frank say about the murder—A. I
don’t remember.
"Your honor. I would like to read
this,” said Dorsey.
Forgets Vital Evidence.
Rosstr and Arnold objected, 1
for me,” answered Darley. “He reach
ed up to get the ropes, and his hands
were shaking very much.”
Darley appeared very reluctant to
answer any question that might in
criminate Frank.
Q. Who nailed up the back door of
the basement?—A. I did.
Q. Was Frank able to do it?—A. He
was able to do it, I think, but he was
nervous.
Q. How did Frank’s face appear on
the second floor?—A. It was very
pale.
Q. Was he upset when you got to
the factory?
Rosser objected, but was overruled.
A. I can’t say he was completely
upset.
“Now, look here,’’ said Dorsey,
walking toward the witness with his
affidavit.
"Your honor,” interrupted Rosser,
“he can’t sneak to the witness in that
nasal tone. It is his witness,
can’t cross-question him.”
• “That’s right,” ruled the judge.
“But,” said Mr. Rosser, "your Hon
or has not been enforcing that rul
ing.”
“I am going to enforce it,” replied
Judge Roan.
“That’s what I am asking you to
do now," returned Mr. Rosser.
Mr. Dorsey put his question again.
A. He- was somewhat upset, but
did some things around the factory
that he could not have done if he had
been completely upset.
State Wins Clash.
Q. Was he done up?
“I object,” broke in Mr. Arnold.
"He may mean that he was dead by
‘done up’.”
"Leave it to the Jury to decide what
is meant by ‘done up,’ ” said Dorsey.
"It isn’t for you to decide what is
to go before the jury,’’, retorted Ros
ser. "That is for the judge.”
Judge Roan ruled the question was
admissible.
A. He w'as partially done up but
not completely.
Q. Why do you say that?—A. He
did som e things he could not have
done if he had been wholly done up.
Q. Who was with you on the way
to the police station?—A. I got in
an automobile. I afterward learned
that it w’as run by “Boots” Rogers.
Mr. Frank sat on my knee.
Q. What was his condition?—A. He
was trembling all over.
Q. To what extent?—A. He was sit
ting on my knee and I could feel his
body shaking.
Q. What was the condition of Newt
Lee?
“I object,” said Rosser. “I have
been objecting to this line of testi
mony all along. If your Honor per
mits this question to be asked, I want
to be recorded as protesting.”
"Do you insist on the question?”
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