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TTTF ATLANTA GEORGIAN AND NEWS.
DEFENSE NOT HELPED BY
DORSEY UNAFRAID AS
HE FACES CHAMPIONS
OF THE ATLANTA BAR
ENTRAPPING THE STATE
By JAMES B. NEVIN.
Hn* the State succeeded In
thoroughly establishing the fart that
little Mary Phagan.® tragic death was
effected on the second floor of the
National Pencil Factory, in Forsyth
street ?
It has not, of course- but it has set
up by competent evidence a number
of suspicious circumstances, which,
if properly sustained later along, will
prove damaging in the extreme to
Leo Frank.
Unless these circumstances, trivial
in some aspects, are braced up and
backed up, however, by other much
stronger circumstances, they will give
the jury, in all probability, little con
cern in arriving at a verdict.
Thursday was not a sensationally
good day for the State, although it
was much better than the day be
fore.
Twice Thursday the Solicitor Gen
eral claimed that he had been “en
trapped” by witnesses—and this,
with the lamentable fall down of
John Black the day before—served
to give rise in the minds of some
spectators to a faint suspicion that
the State didn’t have its case very j
well in hand.
No Help to Defense.
There is something terribly sig
nificant and actually sinister in that
little word “entrapped,” however,
when hurled at a witness in the pres
ence of a jury, and it would be a mis
take to believe that a witness, ac
tually convicted, even in the mere
opinion of the Jury, of having delib
erately misled the prosecution there
by helps the defense.
The witness who entraps, or who Is
thrown under suspicion of having
entrapped, frequently does the party
he seems primarily to have hurt a
wonderful amount of good.
1 believe, for instance, that Witness
E. F. Holloway was speaking the
truth when, on oath, h© reversed his
former affidavit to the Solicitor, and
said that he left the elevator un
locked on Saturday, whereas he be
fore had sworn that he locked it Fri
day and did not unlock it Saturday
—the last inferentially, at least.
This point will mean a good deal
later, when it is reached in develop
ing the defense's case, and if Hollo
way's last story, apparently satisfac
torily explained, holds together, well
and good—but who can tell what the
Jury thinks about that contradiction
upon the part of Holloway, particu
larly when he has been so deliber
ately accused by the Solicitor of en
trapping him?
Holloway is an employee of the
pencil factory—was before and has
been since the murder. If the Jury
gathers the Impression that he has
been tampered with since his first
statement, and by friends of Frank,
to clear up seemingly damaging cir
cumstances against Frank, it likely
will be an aggravating thing, when
the Jury comes to make up its find
ings.
Will Hurt Frank’# Case.
Just as I thought, and still think,
that Dorsey made a tactical mistake
—for which he paid the full price,
moreover—when on Wednesday he
exclaimed “plant,” thereby accusing
the defense of unfair and grossly in
circumstances and admissions brought
out in favor of the defense, under Hie
merciless cross-examination of Lu
ther Rosser.
It is a good deal to say, neverthe
less, that at this stave of the trial the
defense apparent’" las scored heav
iest, for such *»olnt- as it has won
necessarily have been wrung from the
State’s own witnesses, and not the
witnesses of the defense. In other
words, wherever the State fails to
score, the defense scores.
How Points Have Been Scored.
If the defense made little. If any
thing. of Lee. It lost little, if anything,
because of him.
It almost, if not quite, broke even
on Rogers—and it most certainly
scored tremendously on Black.
Scott, If damaging in a way, was
also helpful in a way. In that he prac
tically admitted suspicion of the ne
gro Conley quite as strong as sus
picion of Fran’ .
Monteen Stover swore ihnt Frank
was not In his office for, at least, h
period of some five minutes imme
diately after 12 o’clock on the dav
of the murder: at least, if he
was, he was where she could not ir
did not see him. Grace Hlx undoubt
edly helped Frank. Dr. Smith helped
the State.
R. P. Barrett swore he found a piece
of a pay envelope rnder Mary Pha-
gan’s machine three or four days after
the murder, r.nd that he found blood
spots near the dressing room door
three or four days after the murder.
Mell Stanford swore that the spots
near the dressing room were not the»*«
Friday, and wer* there Monday, but
he could not swear the spots were
blood. Holloway helped the defense,
probably.
There is nothing new in most of
this testimony, however, sate that of
Barrett conce. ing the piece of en
velope, and the defense presumably
Is ready, therefore, to meet It.
State Facer Hard Task.
The mere finding of a piece of pay
envelope somewhere even near Mary
Phagan’s machine, is not, of itself
highly important; but it might serve
as a link In an otherwise strong
chain forged to connect Frank il-
rectly with the killing.
But if the late has succeeded lr
setting forth the fact that Frank may
possibly have committed the crime, it
yet has a long road to travel before it
proves “beyond a reasonable doubt
that he DID do It.
Indeed, Frank’s attorneys have
never combated the idea that he was*
in the factory at a moment when tl
killing of Mary Phagan MIGHT hav*»
been effected—and beyond that fact
the State has been unable to proceed
very far to date.
It must be remembered, too. that
while the State now is engaged in
weaving a web. real or imaginary,
about Frank, the defense expects “o
weave a much more terrible and sub
stantial web about Conley.
But even at that, mere suspicion
alone will serve to convict neither.
Much Depends on Conley.
After all is said and done, and it
generally gets back to this, the pre
liminary chain of circumstances
against Frank likely will hold to-
This shows the
Solicitor warily
noting the
moves of an
opponent.
decent methods of bolstering up its ! Kether tightly or fn 11 apart hopeless-
cause, so 1 think the constant sug- ly ' According to the fate of James
gestlon of witnesses changed In opln- Conley on the witness stand.
Ion and testimony, and In favor of I If Conley stands the test of ex-
Frank, will hurt Frank's case, rather I hausttve cross-examination, then the
than help It, if sustained.
Mr. Dorsey failed utterly to bolster
up his charge of "planted" evidence,
hut he didn't fail, in anything like
the same degree, to say the least of
It. In attacking Holloway.
Or, anyway, there is a grave prob
ability that he didn't fail in the minds
of the Jury.
In short, my idea is this, as it has
been all along: The public, and pre
sumably even more the jury, will re
sent anything that savors of unfair
methods employed either by the State
or the defense.
Steadily, though slowly, the defense
seems to be pulling away from the
prosecution In the Frank trial, and
the impression apparently Is gaining
ground gradually that the State like
ly is fighting a losing battle.
All of this may be changed in a
moment—one witness on behalf of the
State may serve to win back all the
ground It may have lost.
Nothing More Uncertain Than Verdict
And, of all things, there Is nothing
to speculate upon quite so uncertain
as the verdict a jury will hand in.
The Jury is Bitting there. Its atten
tion confined to the development of
the evidence. It reads no newspa
pers: It converses with no outsiders.
It can not get up, run across the
Street and swap ideas with somebody
In the corner drug store.
It took charge of the rase, under
Its deliberately assumed oath that it
was "perfectly impartial between the
State and the accused," and It Is see
ing things in Its own way—and that
way may not be the way outsiders are
Seeing it.
So far. however, the State's wit
nesses alone have been Introduced.
Whatever advantage the defense has
gained of them has come in two ways
—either in their failure to testify di-
the State's benefit or through
►
circumstances leading up to and away
from Conley's connection with the
case will stand or lall.
He Is, and has been, at all timer
both the hope and the despair of the
State, no less than the hope and de
spair of the defense.
He Is the star witness about w-hotn
the entire Frank ease revolves, about
whom It has revolved for weeks, and
about whom it must revolve to Its
end.
Of course, there ever is the chance
that the Stat*.- has something sensa
tional, new and significant up its
sleeve—and there is the remoter
chance that the defense has some big
surprises in store.
As tile fifth day of the trial drags
on, however, the impression has deep
ened almost Into a conviction in the
mind of the public that neither the
State nor the defense has much to let
out that already hasn't been let out. in
whole or in substantial parts.
Spirit of Fairness Everywhere.
And the public is waiting for Con
ley's evidence before making up Us
mind.
More and more I notice In the cas
ual comment of people about town a
spirit of fairness and an inclination
to await the full developments of both
the State and the defense.
The public largely still Is open-
mind -d. It Is "from Missouri"—and
after all. that Is the way the public
mind should be In this matter, for it
is a very grave matter, and its final
effect -. 111 be far-reaching and full ot
significance, no matter which way the
verdict comes finally.
There is one point that Undertaker
Gheesling cleared up, on oath, and the
public should take careful note of it
He swore that Mary Phagan's body
was NOT mutilated in the way street
rumor and gossip had it mutilated,
Just after the crime was commltt-d
That ugly story undoubledlv was
accountable for some of the primary
prejudice against Frank—-but it a,->s
an untrue rumor, and in all fair-toss,
now that it has been exploded, it
should be borne in mind.
Hugh M.
Dorsey,
Solicitor and
prosecutor of
Leo M. Frank.
Up Against a Hard Proposition Youthful Solic
itor Is Fighting Valiantly to Win Case.
By L. F. WOODRUFF.
Georgia’s law’s most supreme pen
alty faces Leo Frank.
A reputation that they can not be
beaten munt be sustained by Luther
Rosser and Reuben Arnold.
Atlanta’s detective department’s fu
ture is swaying; on the issue of the
Frank trial.
But there is a man with probably
ns much at stake as any of the hun
dreds who crowd Judge Roan’s* court
room. with the exception of Frank,
and he is accepting the ordeal, though
he realizes it, as calmly as* a person
who has nothing more serious to de
cide than whether he will order his
steak rare or well done at breakfast
time.
Hugh Dorsey is hereby Introduced.
He is known pretty well In Atlanta
without Introduction, but as chair
men on political meetings Insists on
telling the audience that the Presi
dent of the United States is about to
speak or that the Secretary of State is
endeavoring to earn an additional
amount to his yearly $12,000, Mr. Dor
sey can be placed before the public
without fear of violating precedent.
Consider Hugh Dorsey.
Consider Dorsey’s job. His posi
tion as public prosecutor places on
him the duty of sending someone to
the gallows*, and this time- it is Leo M.
Frank, against whom he must direct
his efforts.
The proposition of convicting a man
is as common in the life of a Solicitor
as paying hi-? car fare home. But
here’s a different proposition. Dorsey
is confronted with the task of getting
a conviction over the efforts of Luther
Rosser and Rueben Arnold to obtain
an acquittal.
And anyone who know? Atlanta,
who knows Fulton County, who
knows Rosser, who knows Arnold,
realizes that this is a task from which
Hercules might sidestep, a labor that
is more tremendous than the building
of the Panama Canal or the success
ful storming of the fortress of Gi
braltar.
And still Dorsey has gone into the
fight unafraid; not only that, he is
aggressive.
Atlanta’s rerord for ftig crime trials
has not been altogether healthy In
th“ past twelve months. In that time
rv , '• i mir mnu. Willi a SCUUlHriV
Porsey has prosecuted Mrs. Daisy face, a man who has already won his
Grace on a charge of attempting to
slay her husband. Atlanta was in
tensely Interested in this Issue. Mrs.
Grace was acquitted. Dorsey lost.
He prosecuted Callie Scott Apple-
baum on a charge of endin'- the life
of her husband. Again the public was
deeply interested. Again Dorsey lost.
And then came the Phagan killing.
Atlanta, Georgia and the South de
manded that her slayer oe brought
before the bar of justice and be given
lew's severest penalty.
Frank was fixed upon by the police
as the man.|
The grand Jury indicted him anil
Dorsey yaked his all on his convic
tion.
, l.uther Rosser had been retained us
Frank’s chief counsel.
Dorsey smiled.
Again there was a Hash. Reuben
Arnold had been added to the list of
legal array to clear the name of'the
superintendent of tile National Pen
cil Factory of the charge that the
had taken the life of a little girl.
Reputation is a big thing. No prize
fighter faces a champion without
doubts as to his ability to cope with
him. The greatest financial genius
probably trembled in hie boots when
lie first met the foremost captain of
Industry. V violin virtuoso bows be
n-re Kubelik. There Is r.o piantst who
wigild approach Paderewski without
a sensation of awe.
And here in Atianta. Arnold and
Rosser are champions. They are
Kubeliks, they are Paderewskis.
Hugh Dorsey hasn't quailed.
Thn ughout the trial he lias been
desperately earnest. He realizes the
work that is before him. If he has
any enemies, they will admit that he
has handled his case well.
The Solicitor General is a great
(Je.ll younger than his opponents. His
hair Is tinged with gray, and there
will probably be more of those strands
there before he is through with hi3
clashes with the dynamic Rosser and
the erudite Arnold.
He Is taking the case with Intense
seriousness. So far, Rosser's effort--
to rattle him by calling him "Hugh,"
"mv young friend," “son" and 'bud"
have been unavailing.
The practical collapse of his de
tective testimony was enough to stun
any man, but Dorsev stuck it out
gamely. There is plenty of fight .till
in his eyes. It will be there if the
case goes against him.
His appearance would Indicate that
he Is holding something back, some
thing with which he expects to sur
prise his eminent opponents.
Then, There is Hooper.
There is one thing that every spec
tator knows is ebing held back. He
Is a quiet little man. with a scholarly
Sherlocks* Lupins and
Lecoqs See Frank Trial
Then* are ertough "hists," aha’s”
and those other exclamations that
mark a true detective besides the
badge on his left suspender to fill a
whole volume of Gaborieau thrillers
at the Frank trial.
A stranger whirled from the Ter
minal Station to Judge Roan's court
room would be convinced before he
had been in that temple of Justice
five minutes that all Atlanta earns its
living following clews, and that if
Sherlock Holmes was made a mate
rial being he could beat Jim Wood
ward for Mayor by 8,000 votes.
Ever since the body of Mary Pha-
Kan was found, practically every man
of voting: age and a lot of those who
Just think they are, have evolved a
theory as to the crime they regard
as incontrovertible as two plus two
makes four, and have a system of
ratiocination (beg pardon. Mr. Poe),
that either proves beyond the shadow
of a doubt that Leo M. Frank Is guil
ty, or that he is innocent, or that
Jim Conley did it, pr he didn’t, or
that somebody did, but they’ll be
hanged if they know who.
Theorists There for Vindicstion.
The census of 1910 gave Atlanta a
population of 154,839, and it is safe to
say that 154.839 sure-fire theories
have been evolved.
And everyone of the theorists wants
to go to the courtroom to see his the
ory upheld and see the theory of the
other fellow smashed to smithereens.
Atlanta’s deductive and inductive
powers were never evep dimly real
ized until this week.
Chat with the throng around the
courthouse. Mingle with the Lupins,
the Lacoqs, the Anna Katherine
Greens in the room where the issue
is being fought.
Clerk Turns Detective.
Your surprise will be suddenly con
verted into admiration and then into
awe. A person, whom you had mis
taken for a clerk with a brain capa
ble of knowing nothing more complex
than a suit will sell for $19.99 quick
er than It will for $20, you discover
has a reasoning power as infallible
as that of Socrates and a knowledge
of things criminal that makes him
the most deadly foe to crime since
Bertillon.
He can take an envelope, locate It
on a second floor and In a flash con
ceive just how a deed of murder was
committed.
He can watch a man’s hand trem
ble and Immediately conceive him a
perjurer and a villain of the deepest
dye, although he doesn’t ask him If he
had taken on too much the night be
fore.
“Signs Air Hopeful,” S«ys Uncle Ben.
He can point out the fatal wak-
ness in the attack of a lawyer^vho
makes more money in a minute than
he himself makes in a week. A man
selected by a sovereign people to rep
resent the majority of their law be
comes a mere novice under his merci
less criticism.
“But the signs air hopeful,” re
marked Uncle Ben Green, from out
Hapeville way, as he listened to the
findings of the amateur sleu.hs and
chewed tobacco.
“The signs air hopeful,” he repeated.
“I’ve been a-sittin’ here since the trial
begun, and from what I hev seed ot
these deteckertive fellers we’ve got
right now, It’s a pretty good thing
that a new crop Is a-comin’ up.”
F
LEFT FACTORY, BELIEVED
TO BE DEFENSE THEOR
V
Slade’s Interpretation of Consti
tution’s “Good Character” To
Be Recommended to House.
The disfranchisement bill of Rep
resentative Slade of Muscogee, which
its author says is an interpretation
of the “good character” clause in th
State Constitution, w’lll be favorably
recommended by the House Commit
tee on Constitutional Amendments at
Friday’s session of the House. The
vote was unanimous in favor of so re-
porting the bill at the committee
meeting Thursday afternoon.
Mr. Slade’s bill interprets the goal
character clause to mean that “no
man, white or black, whom a virtu
ous woman will not trust in a place
of seclusion without fear of physical
assault, shall be allowed to vote.”
The right to strike off names of
voters is vested In the ordinaries of
the counties. If a voter objects, wom
en shall not be called in, but the
question shaV be decided by men who
are familiar with the voter’s life and
habits.
Mr. Slade declared that the bill s
not directed against white men, but
by its passage he hopes to disfran
chise every negro in the State.
“I have been trying to get this bill
through for the past two or three
years, and am very hopeful that the
members of this Legislature may see
fit to pass it at the present session,”
Mr. Slade said.
Vote Buttons Sold
By Suffrage League
Atlanta suffragists busied them
selves Thursday in the sale of suf
frage buttons and distribution of suf
frage literature Just to be doing some
thing while their suffrage sisters vere
parading in Washington. The button
sale was h^ld at the entrance of Mrs.
Lillian Smith’s millinery store, No.
115 Peachtree street, and a neat sum
secured. This fund will be expended
in the holding of meetings to further
the cause.
The sale was held under the aus
pices of the Woman’s Suffrage League
of Atlanta, which was the Woman’s
Civic League until two weeks ago.
FINED: PUT ON
Prison Sentence If Daniel Tolman
Re -enters Business—Made
$500,000 a Year.
Diplomats iu Revolt
Agaiust Grape Juice
Washington, Aug. 1.—"Grape
juice diplomacy” has been banished
by the dinner given by Senator Le-
fevre, Charge d’Affaires of the Pan
ama Legation, In honor of Richard
L. Metcalf, a member of the Isthmian
Canal Commission, at which Secre
tary Bryan was present.
The dinner was distinguished by the
choice selection of wines and other
liquids served. Grape juice had no
place on the menu.
This is the first of a series of re
volts said to be hatching among the
diplomats.
spurs in Georgia politics, but who has
not figured extensively in the bigger
criminal cases tried before Atlanta
courts.
The man is Frank Hooper. He has
been on his feet but once. He made
an impression then. And when the
case comes to its crucial stages, it
will be well to watch these two young
lawyers arrayed against the admitted
masters of their craft.
8he lithe and unknown Corbett sent
the Invincible John L. Sullivan ti
oblivion. Bria
unhorsed by
TRENTON, N. J., Aug. 1.—The loan
shark business of the country re
ceived a death blow to-day wheh
Daniel II. Tolman. alleged to be the
head of practically the entire busi
ness of the country, was sentenced
to pay a fine of $1,000 and was placed
under probation for three years.
Should Tolman be detected in op
erating a loan agency In any part
of the United States, his probation
will be revoked and he will be brought
back to Trenton to serve a prison
term.
Tolman was arrested in a raid on
his offices here on July 30, 1912, and
was one of the first caught in the
dragnet to clean up the loan sharks.
When arrested he resisted the officers
and had to be carried and dragged
to the patrol.
He is said to have operated 69 loan
shark agencies throughout the coun
try. The business netted him $500,-
000 profits a year.
He fought the case at every step
through the courts, but when forced
to go to trial, changed his attitude
and pleaded guilty.
Dr, 0’Kelley Chosen
As New Mercer Head
MACON, Aug. 1.—It Is definitely
announced that the presidency of
Mercer University has been offered
to Dr. T. W. O’Kelley, pastor of the
Firs* Baptist Church, of Raleigh. N.
It is .believed that he will ac
cept.
Dr. O’Kelley gradiftited at Mercer
in 1890 with first honors, and sub
sequently he taught Greek and Latin
at Mercer. Afterward he became
principal of Hlawassee High School,
in North Georgia. He is 50 vears of
age and a man of family. He is re
garded as one of the ablest Baptist
ministers of the south.
Dr. O'Kelley was chosen from a list
cf sixteen prominent clergvmen and
educators.
Was Mary Phagan killed at or V'-’y
near the time she entered the Na
tional Pencil Factory April 26 to get
her pay envelope or was she merely
attacked at this time and murdered
later?
The line of questioning pursued by
Luther Rosser in his cross-examina
tion of two of the State’s witnesses
Thursday afternoon indicated this
will be one of the questions the jurors
will have to sett!- before they will do
able to determine the innocence or
guilt of Leo M. Prank.
Rosser was most persistent in his
interrogation both of William A.
Gheesling embalmeT, and Dr. Claude
A. Smith, physician and bacteriolo
gist. Gheesling went to the pencil
factory at about 4 u’cL:k the morn
ing of the crime and took charge of
the Phagan girl’s body. He told So
licitor Dorsey in the direct examina
tion Thursday that the girl had been
dead ten or fifteen hours and that
rigor mortis was well established.
Gets Admission Before Jury.
Rosser at once began an attempt to
break down this portion of the em-
balmers testimony, and succeeded in
getting before the jury the witness’
admission that rigor mortis is ex
tremely variable in the time it takes
to set in and become well established
in a body. Gheesling admitted t,hat
the surroundings in respect to damp
ness ahd temperature had their ef
fect, as did the cause of the person’s
death, and that the degree of rigor
mortis could not? be taken as an inva
riable indication of the time that a
person had been dead.
Frank’s attorney made similar In
quiries of Dr. Smith and from him
obtained similar statements. The
presumption is he will use the tes
timony of the State’s witnesses to
supplement that of the defense, com
bining them to support the theory
that the Phagan girl was attacked on
the first floor by Conley and by him
was thrown down the elevator shaft
or carried down the ladder into the
basement, buf was not actually slain
until after Frank had left the factory
in the evening.
Two other points will be estab
lished by the defense before the State
rests if Rosser is able to wring the
information he wants from the wit
nesses called by Dorsey.
Says Frank Returned Alone.
One of th€»m is that Jim Conley did
not walk to the factory with or just
behind Leo Frank Saturday morning,
April 26, as Conley swore in his last
affidavit that he did. E. F. Hollo
way, one of the State’s witnesses,
testified Thursday afternoon that no
one was with Frank when he re
turned from Mont^g Brothers that
morning.
Rosser also displayed an unmis
takable intention of making the de
tectives and officers admit that Frank
was under virtual arrest when he was
questioned Monday by the authorities,
and that there was no reason why he
should not have been aware of his
status.
He succeeded in getting B. B. Has-
lett to make just this admission and
undoubtedly will use it to explain the
measures that were taken at once for
the protection of Frank’s interests,
rubbed his chin and Hps in agitated
manner, grew pale and trembling and
in every way comported himself as
one might who was guilty of a crime
Scott said that he and John Ble^V
entered the room as Frank and Lee
were finishing their conversation and
that he overheard the latter part of
Frank’s remarks.
Rosser immediately caught the de
tective up on this statement, referimg
him to his testimony before the Cor
oner’s Jury, where he testified that
he had not entered the room until
the conversation between Lee and
Frank was completed and that he
overheard nothing. Scott explained
that he must have been mistaken
when he testified before the Coroner.
Scott testified that Herbert Haas,
one of Frank’s attorneys, early In the
case had tried to persuade him to
turn his evidence over to the defense
before submitting it to the police, but
this already had been aired at the in
quest and "was without particular ef
fect, as Scott added, under the cross-
examination of Rosser, that there was
no attempt to have it suppressed or
kept from the police authorities, but
only to have it given first to the de
fense.
What had the appearance of being
the most sensational testimony of the
day was that given by R. P. Barrett, a
machinist on the second floor of the
factory, when he declared that he had
found a pay envelope under the ma
chine used by Mary Phagan. The pay
envelope, however, when It was
shown to the jury, was discovered to
have on it no date, no ampunt, no
name, with the exception of a loop of
one letter, no number nor any other
mark to identify it as the pay en
velope that the Phagan girl received
Saturday, April 26. Nor was any ex
planation suggested a s to how she
may have happened to be at her ma
chine when there was no work being
done that day and the machines were
not in operation. 1
Barrett testified to the finding of
the alleged blood spots on the second
floor near the women’s dressing room
and the strands of hair on the lath
ing machine. No more was developed
out of the testimony then was al
ready known to the public when Bar
rett anounced his discovery a few
days after the murder. Barrett also
declared that a white substanoe had
been used with the apparent intention
of removing the splotches of red.
Sweeper Tells of Splotches.
AT el Stanford, a factory sweeper,
corroborated Barrett in his story of the
finding of the spots and the white
substance that was spread over them.
He said the spots were not there when
he swept the factory Friday and that
the flrs»t time he noticed Them was
when they were pointed out to him
the Monday morning after the mur
der.
Monteen Stover, the 14-year-old
factory girl, gave exactly the testi
mony that had been expected. She
said she had entered the factory at
12:05 the day of the tragedy, and that
Frank was not In his office. She said
that she looked about in his office
for him and on failing to find him
left the building. She testified that
she looked at the clock as she depart
ed, and it was 12:10. Her story con
tradicts the statement of Frank that
measures on which the State has he was ln his office all the time after
looked with suspicion because, the
attorneys state, Frank was not placed
under arrest until 11:30 the Thursday
forenoon after the crime.
State Fares Better Thursday.
The State fared better Thursday
than any other day during the trial.
Harry Scott, Pinkerton detective,
submitted considerable damaging ev
idence in respect to Frank’s appear
ance and actions during the first
days of the investigation, although
nothing that was startling or direct
or even new.
He told that Frank was extremely
nervous when the superintendent and
Newt Lee were placed in the same
room at the police station and that
Frank squirmed about in his chair,
he came from Montag Brothers at
about 11 o’clock until he went to the
fourth floor to see Harry Denham and
Arthur White at about 12:50.
Dr. Claude A. Smith, city bacteriolo
gist, testified that he found four or
five blood corpuscles on one of tfc.
chips of wood that were brought to
him. He could nut tell whether or not
it was human blood. These chips
were the ones taken from the floor
where the alleged spots were found.
He said that in his opinion the blood
stained shirt found at the home of
Newt Lee, the negro night watch
man, never had been worn and that
the blood on It was put on the Inside
of the garment and seeped through
to the outside.
$900 Tip by Gates Is
Returned by Waiter
MINNEAPOLIS, August 1.—Charles
G. Gates, son of the late John »W.
Gates, nearly caused the collapse of
a negro waiter in a hotel cafe here.
His dinner check amounted to al
most $100, it is said. Gates called the
waiter to him, pulled out a roll of
$1,000 bills, slipped off the top one
and said: "Here, boy, keep the
change.”
Gates then left. The waiter turned
the $900 over to the manager of the
cafe, who mailed Mr. Gates a check
for the amount
DR. WHITLAW
73 1-2 Whitehall St.
Painless Dentist
Have your teeth treated at once. Make your bad teeth a*
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Ing teeth sound with absolutely No Pain. yon aoh '
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re-enameled absolutely palnlee.l,. Examination free,
Lady attendant and ladies' rest room.
Crown and Bridge Work $3, $4, $5
lANCHORI
|DCNTl ; RE/
PLATE-J
MO
toolu
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
- ; an ^d olo of i,b i^nh w i 6 i Din ! n e ^ ™ most con -
Theodore Roosevelt ran second in a Veni6Ilt SCI16duleS.
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who knows? SOUTHERN RAILWAY.
SET
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PHONE MAIN 1298
OPEN FaOM 8 TO 8. SUNDAYS, 10 TO 3
TEEMS TO SUIT
Sout^ 5 ” 1 and mOSt thorou * h| y quipped Sanitary office 1n the I
Entrance, 73 1-2 Whitehall St„ opposite Vaudette Theater fourty,
door from J. M High, over A. * P t neater, fourth
l 4
I '