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2 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?” Fresh Georgia Eggs - - - Fresh Country But- QCp ter for Table Use L 3U 1913 Beetone 4 Honey - - - 1 5c Fresh Tender Corn, 4 dozen - - - 1 Oc Fresh 1 omatoes, quart - - - - 1 31c 10 Bars 5c Laundry 2^q 20 lbs. 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