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THE ATLANTA GEORGIAN AND NEWS.
CONLEY TELLS STIRRING TALE OF EVENTS AT FACTORY
Hearers Sit Spell-Bound at Unfolding of Details of Tragedy'
HIS GflSTCV TALE
During the long wait for Conley to appear, Frank, his loyal
wife and his no less loyal mother gave no sign of fear. Accuser
and accused were about to face each other, a dramatic situation
which the authorities had sought to bring about since the negro
made his third affidavit charging Frank with the terrible crime.
If Frank at last were on the edge of a breakdown his calm,
untroubled features were most deceiving at this time. He seemed
no more concerned than when John Black, floundering and help
less on the stand, was making as good a witness for the defense
as he was expected to make for the State.
When Solicitor Dorsev an
nounced that Conley would be
the next witness the courtroom
was electrified with a shock of
interest in which the only three
persons who seemed not affected
were this trio—Frank, his wife
and his mother.
Conley took the stand. He lifted
his hand to be sworn. Not a sound
but the Solicitor’s words disturbed the
little courtroom.
“Do you know Leo Frank?” was the
first question shot at the negro.
“Yes, sar, I do,” Conley replied.
“Where Is he?”
Negro Points Out Frank.
“Right there he is,” said the negro,
leveling his finger at the defendant
Not a quiver disturbed Frank’s fea
tures as the negro’s accusing finger
pointed him out. If any one in the
crowded, breathless courtroom ex
pected the cheeks of the young super
intendent to blanch; if anyon ex
pected him to quail and tremble un-
d-er the damning, glib accusation ot
Conley, that person was disappointed.
Frank spoke a few words to his
wife. Whether they were words of
assurance, no one will know. At any
rate, Mrs. PTank replied with just
the gh&st of a smile and the long
question of the negro was begun.
Frobably everyone in the courtroom
was looking for some sign of collapse
from the prisoner as the negro un
folded his remarkable tale, more in
criminating, more elaborate, more in
detail, than ever before.
Jury Listens Breathlessly,
Dramatic in its very glibness and
unconcern, Conley’s story, if It failed
to shake or disturb Leo PTank, at
least had a wonderful impression
upon each member of the jury.
Conley told of seeing Mary Phagan
enter the factory. This was the first
time he h&d admitted to this, so far as
the public had tfno&n.
P'raGk^Showed a mild interest,
but the jurors strained forward in
their seats.
Conley told of hearing the foot
steps from his vantage fioint on the
first floor, of two persons coming oul
of Frank’s office.
Frank still exhibited no sign of con
cern
Conley then related hearing the
footsteps going back to the metal
room and of being startled by the
shrieks of a young girl.
Mrs. Frank Bows Head.
Mrs. Frank bowed her head, but
gave no other sign. Frank still was
the personification of coolness and
c om post* re.
His mother looked slightly down
ward and toward the judge’s bench.
She seldom raised her eyes except
at times to look with an expression
of pathetic pleading at the negro wit
ness.
Conley testified with dramatic ra
pidity the grewsome story he already
told the police, changing it in some
places and adding to it in others.
He repeated the thrilling incidents
of the day with absolute nonchalance.
He toJd of them In such a torrent of
rapid words that the Solicitor had to
caution him frequently to take his
time
He repeated the alleged conversa
tions, with Frank verbatim. At no
time did he display any uncertainty.
He made no slip while he was al
lowed by the Solicitor to proceed wfith
his grim story.
Tells of Finding Body.
After hearing the shriek of the lit
tle girl. Conley impressively told that
he heard some one tiptoeing back
from the metal room and an instant
later heard Fraftk signaling him
from the top of the stairs.
Then followed the tragic story of
how Frank had him go to the rear
of the building where he said he
found the dead body of Mary Phagan.
One revolting and horrible detail
after another came from the negro's
lips, and still the man in the prisoner’s
chair sat unmoved, unperturbed.
The negro told of carrying the body
from the metal room to the elevator
and of Frank picking up the girl's
legs and helping him.
Some crocus bagging, heavily
stained with the blood of the child
victim, was dramatically displayed by
the Solicitor. It had no effect on
Frank. Conley identified it as the
bagging in which he had carried the
body of the girl.
A. I don’t know. Part of that time
I was in prison.
Q. What time did you go to prison?
—A. I can’t remember.
Q. What length of time were you
there?—A. Two or three days.
Q. You can't remember what time
you got there and got out?—A. No.
Q. When you got out, your woman
had moved?—A. Yes.
Q. Where to?—A. 122 Rhodes street.
Q. Who were you living with?—A.
Lore^a.
Can’t Remember Prigon Terms.
Q. The same one you were living
with when you were arrested?—A.
Yes.
Q. When were you in prison again?
—A. 1 can’t remember.
Q. Before or after Christmas?—A.
I can’t recall.
Q. Was it cold or hot?—A. I can’t
recall.
Q. How long were you there?—A.
About twenty days.
Q. Were you in prison before that
first time you told me of?—A. Right
after I went to the pencil company.
Q. How long were you there?—A.
About 30 days.
Q. How many times were you in
prison since you went to the pencil
factory?—A. Three times.
Q. How many times altogether?—
A. Four or five times.
(4- You can’t recall the number of
times?—A. No.
Q. Was it six—A. Yes, five or six.
Q. Can you remember the first?—
A. No.
Q. You can’t remember the first
time you were in prison ?—A. No.
Q. You can’t remember any time
at all?—A. No.
Q. You can’t tell how long you were
in at all?—A. No.
Q. First time?—A. No.
Q. Second time?—A. No.
Q. Third time?—A. No.
Thinks It Was Seven Times.
Q. Fourth?—A. No.
Q. Fifth?—A. 1911.
Q. What month?—A. I don’t re
member.
Q. Sixth time?—A. It was after
that.
Q. Seventh time?—A. After that.
Q. You can’t tell what time?—A.
No.
Q. What about the eighth time?—
A. I didn’t say I had been arrested
eight times. You said that.
Q. But you don’t know whether you
have been arrested seven or eight
times?—A. I think it was seven.
Q. You have been arrested three
times while you have been working
at the pencil factory, haven’t you?—A
Yes.
Q. Let’s go back a little—the day
you found* this child was April 26?
You knew the factory, was not going
to run that day?—A Yes.
Q. You saw the placards telling that
it would be a holiday?—A. Yes.
Q. Did you r^ad them?—A. Mr.
Campbell read them to me. So did
Snow bail.
* Drank Beer in Factory.
Q. What* was on the placards?—A.
I don’t know. He read something
about the factory would be closed
down on April 26.
JURORS STRAIN FORWARD
TO CATCH CONLEY STORY;
FRANK’S INTEREST MILD
Dramatic in its very glibness and unconcern, Conley's
story, if it failed to shake or disturb Leo Frank, at least had a
wonderful impression upon each member of the jury.
Conley told of seeing Mary Phagan enter the factory. This
was the first time he had admitted to this, so far as the public
had known.
Frank showed only a mild interest, but the jurors strained
forward in their seats.
Conley told of hearing the footsteps from his vantage point
on the first floor of two persons coming out of Frank’s office.
Frank still exhibited no sign of concern.
Conley then related hearing the footsteps going back to
the metal room and of being startled by the shrieks of a young
girl.
Mrs. Frank bowed her head, but gave no other sign. Frank
still was the personification of coolness and composure.
to work ?—A.
I
f Dalton To Corroborate
Conley’s Story On Stand
j
Continued on Page 4.
then?—A. You cut me off so sharp
I didn’t have a chance.
Q. What time did they come?—A.
Some time about 2:30 or 3 o’clock.
Q. What did he say?—A. He asked
me if Mr. Frank had put me wise.
Q. He and Frank used the same ex
pression?—A. Yes, sir.
Q. How were the women dressed?—
A. I don’t remember,
j Court w’as then adjourned until 2
o’clock.
Jim Conley was brought to the
courtroom at five minutes* to 2 o’clock.
He was accompanied by W. M. Smith,,
his lawyer, and Chief of Police James
L. Beavers. He spent the boon recess
at the police station. The negro wept
■traight to the stand and waited for
court to open. Frank, who was in the
room, sat with his back turned to the
witness stand and talked to his wife.
Conley showed no signs of nervous
ness. and for the greater part of the
five minutes he kept his hands locked
in his lap and gazed calmly at the
curious faces turned his way,
Just as Judg$» Roan walked to the
stand, Deputy Sheriff Plennie Minoi
announced all women would be ex
cluded from the room for the re
mainder of the hearing. Reluctantly
they vacated the seats they had se
cured and held during the noon re
cess.
Fully 150 women were barred by
the ruling. Rosser resumed his cross-
examination at five minutes after 2
o’clock.
Q. Who saw you at the police sta
tion?—A. Chief Beavers.
Q. Anybody else?—A. My lawyer.
William Smith.
Q What did they say?—A. Well,
my lawyer—
“I object,” said Attorney Hooper.
"You can Y bring qut what took place
between him and his lawyer.”
Didn’t Remember About Time.
Q. Well, Jim, what did you do on
the Saturday before you watched for
Mr.-Frank the first time?—A. I don’t
know.
Q. What did you do the Saturday
after that?—A. I don’t know', sir, 1
disremember.
Q. What about the Saturday after
that?—A. Well, Jong about August 1
I watched again.
Q. Lei me see if I get that right
—one Saturday you didn’t w'atch and
the next Saturday you did. The next
Saturday you didn’t watch, and the
next Saturday you did, and then you
didn’t watch any more until Tnanks-
giving?—A. I don’t know' exactly. 1
can’t count it like you.
Q. Well, I got it like you said,
didn't I. Jim?—A. The last time 1
watched was about the last of Sep
tember.
Q. Jim, what time w*aa it you
w'atched the second Saturday?—A. 1
don’t* remember, sir.
Q. You don’t know what time you
left for home ?—A. No, sir.
Q. Jim, we don’t want any contro
versy between us, but tell all about
these times you watched.—A. I done
told you like I remember them
Doesn’t Remember Pay.
Q. When did you draw your pay,
before or after Thanksgiving day?—
A. I can't remember.
Q. 1 he day after Thanksgiving day
what did you do?—A. I came back 10
work.
Q. Who did you see?—A. Mr.
Frank.
Q. Who else?—A. I can’t recall.
Q. Did you see Mr. Darley?—A. I
don’t remember.
Q. That first time you watched, how
many hours did you work and what
did you get?—A. $1.25.
Q. I mean what did you get for
your services?—A. I don't remembed.
Q. Where were you living in Juiv.
1912?—A. 37-B Vine street.
Q. How^ong did you live there?—
Q. You and Snow'ball were good
friends?—A. Yes.
Q. Did you drink beer together?—
A. Yes.
Q. Did you ever get drunk in the
factory?—A. No.
q. Did you drink beer there?—A.
| Yes.
O. How much would you drink
each day?—A. A dime’s worth each
uuy.
q. Where w’ould you drink it?—A.
In the basement.
Q. Did you yee Snowball Thanks
giving?—A. No. but I saw him the
day before or after.
Q. How long did Snowball work
there?—A. I don’t know'.
Q. Was he an educated negro?—A. I
don’t know.
Q. He could read, couldn’t he?—A.
Yes, he used to pick up funny papers
and read them to me. He did this
once.
Q. That time when you w'atched
him in January, was Snwball there?
—A. Yes.
q. He walked right up and began
talking to you both?—I don’t know
whether Snowball was there.
Six Negroes Worked In Plant.
Q. Couldn’t you see ihm?—A. Snow
ball was in the back. There was a
partition between him and Mr. Frank.
Q. Well, Mr. Frank wouldn’t have
come if he had heard, would he?—
A. No, sir, I don’t guess he w'ould.
Q. You worked all the time for two
years?—A. Yes, except a few times
when I was in jail.
Q. Who worked in your place when
you were in jail?—A. I don’t know.
q. You have no recollection about
it?—A. No, sir.
Q. Besides yourself and Snowball,
how many other negroes worked
there?—A. I don’t know, sir.
Q. Ever count them up?
Conley counted on his fingers and
then announced six.
Q. Six with you and Snowball?—A.
Yes.
Q, You all did Just plain labor, you
and Snowball and the fireman? You
didn't run any machines?—A. Yes,
sir, except the fireman.
Q. When was the first time Mr.
Frank spoke to you?—A. I don’t know.
Q. You w'ere there three or four
months before he even spoke to you?
—A. o, sir. He had not spoke to me
about anything but business for some
time.
q. When was the first time he spoke
to you about anything but business?
—A. Do you mean about these private
things?
Q. Yes, wasn’t that first Saturday
the first time he ever spoke to you
about anything but business.—A. Yes,
sir, except laughing and joking.
Q. When did he ever Joke with you
and what did he say?—A. I don’t
Know, sir, just when.
Q. Who heard him say anything?
Tell me one thing he ever said joking
to you?
Recalls One “Little Joke.”
“Your honor,” said Attorney Hoop
er, “I object to the manner of ques
tioning He doesn’t give the witness
time to answer. I don’t think he In
tends to be unfair, but the witness
Just doesn’t have time to answer.”
"If that is the case, it is wrong,”
said Judge Roan.
“You ought to know*.” returned Ros
ser. “You have heard all the ques
tions.”
“Don’t ask the questions too faat,’
returned the judge, and the case pro
ceeded.
Q. When did he Jolly with you the
last time?—A. I can’t recall.
Q. Give one little joke you ever
heard him crack?—A. I can’t.
Q. Give just one?—A. One day he
hollered down the elevator and said,
“If you don’t hurry up with that ele
vator I will start a graveyard down
in the basement.”
Q. What else?—A. Well, he would
pinch me.
Q. Did Mr. Holloway or Mr. Dar
ley see that?—Mr. Hollow'ay did.
q. Dc you remember what time you
went to the factory
About tw'o years ago.
Q. Do you remember the year?—A.
I think it was 1910.
Q. How do you know?—A. I heard
Mr. Schiff say.
Q. How many girls were there?—A.
Emma Clara, Mias Hill, Rebecca Car-
son—1 can’t recall hov many.
Carried Note tor Girl,
Q. Wimi girls were on the fourth
floor in 191??—A. Miss Daisy Hopkins
was tnere.
q. Was she there in 1913?—A. No,
sir.
Q. Do you know where she lived?
—....
q. How- did she look?—A. She is
low, chunky and pretty.
q. Was she dark or fair?—A. She
was fair.
Q. What kind of ears did she have?
—*%.. i^iKe 1 oiks’ ears.
q. iuu dian’t expect them to be
likM a rabbit, did you?—A. No.
Q. How did you know she was there
in - uno ;—one gave me a note for
Mr. Schiff.
q. How do you know that was in
June?—A. It had that on the note,
q. Did you read it?—A. No.
q. Then how did you know?—A. He
said something about June and
laughed.
Q. That Is all you know about it?—
A. Yes.
q. You never saw her before that
rim** wnen she gave you the note?—
A. No.
S' -iow did you fix the time when
she left?—A. Mr. Dalton told me it
was about Christmas,
franK Appears Weary.
Frank appeared very weary during
the questioning of Conley. He alter
nated his intent gaze from Mr. Rosser
to the negro witness. His eyelids
twitched nervously at intervals. Ev
ery now and then he W'ould take a
deep breath.
Mrs. Frank, his wife, sat with her
left arm around his shoulder. His
mother sat close on his left with her
eyes closed most of the time. Still
sne appeared to be listening.
Mr. Rosser kept his seat while
cross-questioning the witness. After
almost two hours’ o fgrilling he still
had not reached the story of the
crime. He seemed to be waging a
blind fight to entangle the negro.
One listening to the constant rapid
questioning felt that surely sooner or
later the brain of the negro would
falter, but Conley kept responding
readily, unfalteringly, about every
other question with “I don’t know.”
Rosser resumed !he questioning
about Dalton.
Describes Dalton.
Q. Where did you see him?—A. He
was coming out of the basement.
q. What color was his hair?—A.
Black. He weighed about 135;
height about like that (the witness
indicated Mr. Arnold),
q. How old was he?—A. About 35.
Q. Where did he live?—A. 1 don’t
know.
q. How many times did you see
him?—A. Several times.
q. How many times—A. Only sev
eral times.
Q. When did you see him the first
time?—A. He was* coming out of the
basement that first time.
Q. When else?—A. That time Daisy
Hopkins brought him there.
Q. When else?—A. About Christ
mas.
Q. Did you see him Christmas?—A.
Not on Christmas Day.
q. When did you see him?—A.
Along in January.
q. When was the last time you
saw him?—A. About six months ago.
q. Where was he?—A. The detec
tives brought him down to the police
station and asked me if I knew hiip-
Q. How was he dressed the first
time you saw him?—A. 1 don’t know.
Q. You don’t know what color his
suit was?—A. No, sir.
q. How did he look?—A. He looked
like a man who had just finished
work and had dressed and come up
town.
Worked in Holloway’s Place.
Q. That first Saturday you watched
was Mr. Darley or Mr. Holloway
there?—A. Yes, sir, but they left
early.
q. Now, the next time you watched?
A. Mr. Holloway was sick.
q. Who worked in his place?—A. I
did.
Q. How do you know he was sick?—
A. They told me he was sick.
q. Well the next time, was Mr
Holloway sick? That wa« Thanks
giving. wasn't it?—A. No. *ir, it was
before Thanksgiving.
q. What time it?—A. Last of
August.
q. Was Mr. Holloway sick then?—
A. So, sir.
q. Was he at the factory that Satur-
\. Yes, sir he left about 2
•’clock.
.»ow. the next time was after
Thanksgiving?—A. It was in Septem
ber.
Q. I thought you *«id it was after
Thanksgiving?—A. September is af
ter Thanksgiving.
Q. September is after Thanksgiv
ing?—A. Yes. sir. September is after
Thanksei ving.
Shifts Calendar Again.
Q In September after Thanksgiving
was Mr. Darley and Mr. Schiff there?
—A. Yes, I saw them, but not in Sep
tember. because that is before
Thanksgiving.
q. Don't lots of people work there
every Saturday?—A. Yes.
Q. Was anybody working there the
time you watched?—A. I don’t remem
ber.
Q. Didn't Mr. Schlft work there
Thanksgiving?—A. I don’t remember.
I know he wasn’t in there when Mr.
Frank told me he wanted me to work.
Q. Do the metal room doors lock?—
A. I don’t know. ' *.
q. You know the factory pretty well,
don’t you?—A. Some parts of it.
Q. Did you ever sweep the metal
room?—A. No. I never swept anything
except the fourth floor.
Q. There is a dark room on the left
in the back of the metal room, isn’t
there?—A. Yes.
Q. Did you ever see anybody go
there?—A. Once in a w'hile.
Q. Do you know where the plating
room is?—A. I don’t know anything
about that department.
Q. Do you know whereMr. Quinn’s
office is?—A. Yes.
Visited Long, Dark Room.
Q. But you have never been there ?
—A. No, I have never been in Mr.
Quinn’s office.
Q. You don’t know much about the
left part of the building by Mr.
Quinn's office,?—A. No, sir.
Q. Were you ever back where the
ladies’ toilets W'ere?—A. I put disin
fectants Ijack there.
Q. You said a while ago that you
had never been back there?—A. Not
since I have been working on the
fourth floor. I Just sprinkled the floor
with disinfectant.
Q. Have you ever been in Mr.
Quinn's office?—A. No, but I have
been up to it.
Q. You have never been back there
by that long dark room on the left
hand side?—A. Yes.
Q. You just told %ne you never had.
—A. No sir, you misunderstood me.
Q. What were you doing down there
where they washed lead?—A. I went
there to wash overalls for Mr. Beck
er a. J Mr. Fritz.
Q. Are they there now.—A. I don’t
know.
Q. Outside of the lead room, the
ladles’ toilet and Mr. Quinn’s office,
have you ever been there?—A. Y?s,
I went in that long, dark room.
Frank Sent Him There.
Q. Why didn’t you tell me that be
fore?—A. You didn’t give me time.
Q. When were you back there last?
—A. To get a piece of cloth for Mr.
Frank.
Q. How many other times did you
go back there?—A. 1 don’t recall.
Q. What were you doing there?
A. Mr. Frank sent me there to move
some boxes the rats were eating.
Q. Who else ever sent you back
there?—A. Mr. Schiff.
Conley here called for a glass of
water and Mr. Rosser said “We will
rest a little while.”
Q. How big a room is Mr. Frank’s
office?—A. I don’t know, sir.
Q It has got two desks in it, hasn’t
it?—A. Yes, sir.
Q. Who uses the other desk?—A.
Mr. Herbert Schiff.
Q. When was Mr. Schiff on his va
cation. according to your recollection?
—A. About Christmas.
Q. You don’t Know whether he was
traveling for the pencil factory, or
was on his vacation, do you?—A. I
don’t know, sir, he was away.
q. How big is the outside office?—A.
I don’t know, sir.
Q. What is in it?—-A. A safe and a
desk.
q. You don’t know whether the
door of that safe when open covered
the door to the inside office, do you?
—A. No. sir, I don’t.
Q. Can you see Mr. Frank’s inside
office from the top of the steps?—
A. Yes. sir.
Q. Can you sit in Mr. Frank’s of
fice and see anyone pass up the steps?
—A. Yes, sir.
Q. You don’t mean a man can sit
in Mr. Frank’s office and see a person
come up on the second floor, do you?
—A. No. sir, I was talking about the
steps from the second to the third
floor.
Shows Where They Talked.
Q. When a person gets down to the
clock he can see them?—A. Yes
q. Who tfliw Mr. Frank talk to you
that day on the fourth floor?—A. I
don’t know.
Q. Who was near you?—A. Miss
Willis.
Q. Did she see you?—A. I don’t
know.
Q. Show on this diagram where
you were standing when Mr. Frank
was talking to you.—A. I was stand
ing here (indicating a spot near the
ai»le>. Miss Willis was here near
this-* petition.
Q. Could she see you?—A. I don’t
know.
Q. You know whether she saw you
or not, don’t you—A. No.
Q. What did Mr. Frank say?—A.
He asked me what I was going to do
the next day. I told him nothing
much and he said he wanted me to
do a little work on the third floor.
Q. What time did he tell you to
come?—A. About 8:3»).
Q. What else did you do?—A. I
went on sweeping and left at 5:30.
Didn't Draw Pay.
Q. Did you punch as you went out?
—A. Yes, I think so. I stopped there
and talked to Mr. Holloway about
the clock being wrong.
Q. Don’t you remember whether you
rang out or not?—A. No sir, I don't
remember.
Q. Why didn't you stop and get
your pay?—A. I knew I wasn't going
to get but $2.75 and that watchman
would get me, so I told Snowball to
get it for me.
Q. Where did he give it to you?—
A. At a shoe shining parlor near
there.
Q. How much did you get?—A.
$3.76.
Q. I thought you said you were only
going to get $2.75?—A. That’s all. but
Mr Frank forgot to take out $1, and
that made $2.76.
Q. Did Mr. Frank make up the pay
roll that week?—A. I don’t know, but
he always took out the money that
way.
Q. How do you know that?—A. I
don’t know, but that Is what I have
always understood.
Q How much did you drink Fri
day?—A. I didn’t drink nothing.
Q. How many beer* did you drink?
—A. I disremember
Q. Do you know Mr. Harry Ssott?
—A. Yes, sir
Q. You told Mr. Scott you got down
about 9 o’clock that morning?—A.
Yes. sir.
Q. That wasn't so?—A. No, air,
that wasn’t so.
Q : Tou also told him you had a lit
tle before 9 o’clock.—A. Yes sir.
“It Wasn’t All Fales.”
Q. What time did you have break
fast?—A. About 7 or 7:30 o’clocfl.
Q. You told Mr. Scott that you left
Peters street about 11 o’clock?—A.
I disremember.
Q. Didn’t you swear you were there
till 11 o'clock?—A. If it’s there I swore
to it. I guess.
Q. You bought a pint of whisky on
Peters street, didn’t you?—A. No, sir,
a half pint.
Q. Nearly everything you swore to
down there was false?—A. No, sir, it
wasn’t all false,
Q. You made statements there and
swore to three affidavits and they
were all false, weren’t they?—A. No,
sir, there was some truth in all of
them.
Q. What was true?—A. If you will
read them to me I’ll tell you what
was true and what was false.
At this point the spectators broke
into a laugh, and while Deputy Plen
nie Minor rapped for order Jim Con
ley smiled broadly, showing all his
teeth.
Mr. Hooper Interrupted.
“Your honor. I am surprised that my
friend should pursue such a line of
questioning, knowing that it Is Ille
gal.”
“I didn't think you have the cheek
to make the objection,” said Mr. Ros
ser.
“He is trying to bring out part of
these affidavits without bringing out
the whole,” said Mr. Hooper. “As the
negro suggests. let them bring out the
whole document. They asked for them
and we furnished them.”
Conley Unusual Witness.
“I know,” cried Rube Arnold, “hat
this witness who has been drilled and
coached and finally canned is quite
familiar with those printed comments.
Our friends would like to have us
read them to him. But we are not go
ing to do it. What we are trying to
show is what he said to parties ad- |
mittlng that It led up to the making
of the affidavit. This is an unusual
witness and w'e think we are entitled
to get at him in a way a little out of
the ordinary.”
Mr. Hooper replied:
Because Mr. Arnold gets up here
and shouts “canned” doe* not change
the law. We demand these proceed
ings be legal. He can’t bring out
parts of these affidavits without
bringing out the whole.
Mr. Dorsey then had a word.
"I object to the language of Mr.
Arnold,” he said. "He charges the
‘canning’ of this witness’ testimony
without proof. That statement is
prejudiced and should be stricken."
“My friend Dorsey has made one of
the usual smiling objections,” said Mr.
Arnold.
“Well, I am going to present an
argument w-henever I want to. When
ever he objects I intend to make com
ment.”
Continues Examination.
Judge Roan interrupted:
"What is the question asked the
witness ?”
“I’ll ask it,” said Mr. Rower.
He changed the form of his ques
tion and proceeded without interrup
tion.
Q You were undertaking to tell
me your conversation with Scott and
Black on May 18.—A. I don’t remem
ber what day it was,
Q. How long did they talk to you?
—A. I don’t remember. I sent for
Mr. Black to come down to my cell.
Q That wasn’t that day?—A. I
don’t recall.
Q. The flr*t time you made any
statements about your movements,
Scott and Black were together?—A.
Yea
Q. Was that the time you sent for
Black.—A. I think so.
Q. Will you swear that the time
you made this statement about your
movement was on that Saturday you
sent for Black?—A. No. I won’t swear
It. but I think so.
Bought Some Whiskey.
Q. How long did they talk to you
before you gave them the statement?
—A. I don’t know.
Q. Didn’t they have to w'ork on you
long time before you made any
statement?—A. Yes.
Q. Didn’t they have to force from
you the fact that you could write
that time you made the affidavit?—
A. No, I wrote In the chief’s office
Sunday before that.
Q. Didn’t you tell the detectives you
bought a pint of whiskey?—A. No,
only naif pint.
Q. What did you pay for that?—A.
Forty-flve cent*.
Q. How did you remember that?—A.
It was what I always paid for it.
Q. Didn't you tell the detectives—
Mr. Hooper Jumped to his feet with!
an objection.
“The State has no objection to all
this evidence going before the Jury,
but we do insist that it be done in the
prescribed legal way. This is intend
ed for nothing but Impeachment, and
the code says the witness has the
right to be confronted with a written
statement. Let me ask my friend
Rosser what document he is reading
from.”
Rosser replied hotly:
“I do not intend to tell you or the
witness either.”
Judge Roan said: "I think you gen
tlemen can cross-question the wit
ness on any subject.”
Rosser replied: “I am going after
him and I am going to Jump on him
with both feet."
Then, turning to Mr. Hooper, con
tinued: “And I won’t enlighten him
any, either. Your period of enlight
enment is over.”
Rosser then turned to the witness:
Q. Did you tell Mr. Scott that you
went to a saloon on Peters street Just
FOB'JOKE' TAX
after 11 o’clock and got some whisky?
—A. I didn’t tell him at 11 o’clock; I
told him I went to get a drink.
Q. You didn’t say after 11 o’clock?
—A. No.
Q. When you were talking to Scott
and Black, didn’t you tell the truth?
—A. I told him some things and held
some things back.
Q. Didn’t you tell him lies?—A. No.
I didn’t answer some of the questions
and they kept on writing.
Q. When they asked you if you w'ere
telling the truth you didn’t answer?
—A. No, sir; 1 hung my head and
they kept on writing.
Q. You told them you went into
three saloons, didn't you, and got
some whiskey?—A. No sir, I said I
got w'hlskey at one saloon. It was
Mr. Early’s saloon.
Says He Played Dice.
Q. Didn’t you tell them that you got
whiskey in the Butt saloon?—A. No
sir, I didn’t say nothing about buybig
any whiskey there. I told them about
going into this saloon and winning
90 cents playing dice, and then buy
ing some beer.
Q. Didn’t you tell them that first
time about buying some wine?—A.
No sir, I will explain that.
Q. You needn’t teil us that. Didn’t
you say you went home from Peters
street?—A. No sir, 1 didn't say that
exactly.
Q. Didn't you tell them that you
went between 3:30 and 4 o’clock and
bought beer?—A. I didn’t go between
3:30 and 4 If I told them that,
it wasn’t so.
Q. Did you send a little girl out for
something after you got home?—A.
Yes, I sent her out for a pound of
sausage.
Q. That waa after 3 o’clock?—A. It
was after I bought the beer and had
come back,
Q. Was that after 3 o’clock?—A. If
they have that on that paper I must
have said it. but I don’t remember
now.
Q. You don’t remember telling them
that?—A. No, sir.
Q. What did you tell them about
the money you had?—A. I don’t re
member what I told them.
Q. Why can’t you remember that?
—A, I Just haven’t got it in my mind.
Q. In your first statement you de
nied going to the factory at all?—
A. Yes.
Admits He Told Lie.
Q. You say now that it was an un
truth?—A. Yes.
Q. Did you hang your head when
you told them that?—A. Yes.
Q. Why do you hang your head?
Just to let the man who you were
talking wfith know you were telling
a lie?—A. Yes.
Q. Which one of the detectives told
you to look him in the face?—A. No
body told me to.
Q How do you do w'hen you are /
telling an untruth?—A. I don’t know'
exactly. Sometimes w’hen I am hold
ing back things I look down and play
with my hands.
Q. How did the detectives .reat you
when they were talking with you?
One would cuss you and the other one
would tell you you were a good ne
gro?—A. No sir, they have never
cussed me.
Q. Didn’t they accuse you of things?
—A. No sir, only they said they want- " \ f
ed me to tell the truth. They Just ing him that.
kept telling me that. q. Don’t you know you did?—A. No
Says He Didn’t Curse Him. sir I don’t know it, but I think I re-
Q. Didn't Black s»ay you were a member it.
good negro, and Scott curse you out "Your honor,” interrupted Dorsey,
and say you were a rascal?—A. No. “doesn’t the court know what is go-
sir. They sat there and talked mur- ing on before it? Here is Mr. Rosser
der sometimes, and then they would reading the exact text of these af-
whisper to each other. j fldavits. I want to ask the witness (
Q. You don’t mean you sat up and a question to show’ these statements
spieled away for three or four hours were written.”
at a time?—A. No, sir. "I object," said Rosser.
Q. Well, what did they do to you?— “The defense served us with a
They were Just trying to get me to deces tecum to have these Affidavits
tell all of the truth at one time. in court,” continued Dorsey. “It xa
Q. Didn’t they put another negro illegal for them to impeach this wit-
In the same cell with you and try to ness by extracts from these afflda-
get you to tell everything?—A. They vits without introducing the whole
put another negro In my cell for a affidavits.”
day and a night. “This witness has sworn,” replied
Q. You told him the detectives were Judge Roan, “that he can't write. I
mad with you. didn’t you?—A. No, ruled that they can ask him any ques-
fl jr. tions about what he said, so long as
Q. What did you say to him?—A. the affidavits are not introduced as
I didn’t discus the case with him. He affidavits.”
was crying all the time. “Let me cite you an authority," said
Q. Now this second statement you Dorsey,
made. You sent dor Black and told The Solicitor started to read, but
him you wanted to tell the truth, Judge Roan looked away. Solicitor
didn’t you?—A. No, sir; I will ex- Dorsey slammed the book closed and
plain. sat down.
Allowed to Explain. “That is right,” said Rosser, rising
Q. I don’t want you to explain; an- to resume his questioning,
swer my question. “The judge is making the ruling*,
“He has a right to explain,” said and not you,” said Hooper.
Dorsey. “I thank you,” asid Rosser, “you
“He can," said Judge Roan. are a smart man.”
A. I said sitting down there feeling Still Ho “Don’t Remember.**
bad because I couldn’t get out. Rosser then put the question again.
“He has no right to go Into that,” j q. In that affidavit when you sent
said Rosser. for Black you gave Frank clean sway
Representative Akin, of Glenn,
chairman of the House Ways and
Means Committee, bitterly scored
members of the House Thursday
morning, after Representative Gower,
of Crisp, had introduced an amend
ment to Mr. Akin's bill requiring a $5
yearly registration fee from automo-
blllsts, and which Mr. Akin contend
ed was an effort to poke fun at his
bill.
“This amendment Is absurd,” de
clared Mr. Akin, “I hope the mem
bers of this house won't try to make ^
a Joke of tax revision and reform. The *
people of Georgia are looking to you
for relief, and you are not giving it
to them. You have voted down a tax
equalization bill that would relieve
the situation.
“You have refused to tax the necessi
ties; and now when you are given a
chance to tax the luxuries of the ,
rich man you don’t want to do thal
either.
“For God’s sake tax something!
In the nf*me of Heaven, don’t vote
down everything that will bring more
levenue to the State of Georgia! Tax
ing automobiles Isn’t going to hurt
the farmer, for more than 90 per cent
of the cars in the State are in the
cities. 1
Mr. Gower’s amendment, which is
being treated in the light of a Joke
by the members of the House, provid
ed a registration fee of from $1 to
$4 on wagons and buggies, based on
the “horsepower.”
Of four tax measures that were
brought up for passage this morning,
all of w’hich are known to have the
backing of the Governor and are
Ways and Means Committee bills, two
were passed, one was riddled with
oratory and laid on the table, and
the 'fourth, the automobile tax bill,
was under consideration when the
House adjourned at 1 o’clock. Half
a dozen amendments beside the one
offered by Mr. Gower will be con
sidered Tuesday w’hen the House
meets again. Among them is one by
Mr. McMichael, of Marion, providing
that the revenue from the auto tax go
into the State road fund, and be
apportioned out to the counties.
The bill that was virtually killed by*
being laid on the table was one pro
viding for a registration fee of $50
for lobbyists. This bill was opposed
by Wohlwender of Muscogee, Wright
of Floyd, and Wimberly of Bibb. If
was tabled on motion of Adams ol
Hall, after considerable discussion.
The negro turned to the jury and
began a round about explanation.
“Here,” said Judge Roan, "answer
the question.”
A. I told Mr. Black I wanted to tell
him a part of the truth.
Q. You told Black you didn’t Intend
to tell all of the truth?—A. Yes, sir,
them very words.
Q. Let’s see, w hat you did tell hint.
(Rosser referred to his notes.)
“I Got a Poor Memory.”
"You have got It?” asked Dorsey.
“Yes, and we will show it," replied
Rosser.
“Do it, and don’t talk about it,” re
turned Dorsey
“I don’t blame you for snickering,”
said Rosser. “The man whi got all
this stuff ought to snicker, too.”
Q. Didn’t you tell the detective you
couldn’t write?—A. I told him I could
write a little.
Q. What else did you tell him?—A.
I disremember.
Q. Is jhat the little truth you were
going 4) tell them?—A. I told them
some more, but 1 disremember.
Q. What Is the matter with your
memory, Jim?—A. I got a poor mem
ory.
Q. You can remember a few things,
but you can’t remember most things?
—A. Some things I can remember and
some I can’t.
Q. You know what you wrote for
the detectives?—A. Yes sir.
Q. I thought you said this morning
you didn’t remember?—A. You real-
ing that thing there Just reminded
m«.
Q. What was it?—A. That long tall
black negro did it by hisself.
Q. What did you write on the other
note?—A. Yes sir, that's what I wrote.
Q. And*you said this morning you
didn’t remember—A. Yes sir, 1 didn’t
remember.
Dorsey Objects Again.
Q. And now you say you do?—A.
Yes sir. I remember Just what wrote
for the detectives.
Q. Did you tell Black In that sec
ond statement that you carried the
body downstairs?—A. I don't think
so. y
Q. Don’t you know that you told
Black you carried that body down
stairs?—A. Yes sir, I remember tell -
did you?—A. Well. I don’t know about
that. I disremember.
q. Well, don’t you know that you
didn't say a word about that little girl
at that time?—A. I thought I did.
Q. You think you told it at that
tlhe?—A. Yes, I don’t know exactly
about that,
Q. Now, are you sure about that? 1
I want you to tell me whether you
are telling the truth about that now
or not. Just make your sign for tell
ing the truth, Jim, so I will know you
are telling it. Now, didn’t you tell at
that time that you w’ere going to t*ll
the truth about all things? About go
ing to the basement and all of that?
—A. I don't remember. ,
q. Now, Jim .where is your mem*
ory?—A. In my head, I suppose.
Q. Well, then, what were you going
to tell them?—A. I was going to hold
the bes*t back.
, Q- Oh, yes, you were not going to
tell everything?—A. Yes, sir.
At this point the Jury w'as sent from
the room and Mr. Arnold made a
motion that the negro Conley be
turned over to the sheriff and kept
from everyone. The prooecution
agreed.
“We want to stress the fact that
one be allowed to sge him,” said
Dorsey.
“¥ou have had him all the time,’
said Rosser, “but we agree.”
Conley'* Attorney Speaks.
William M. Smith, attorney for the
negro, then made a statement to the
court:
“This negro is going through a se
vere ordeal,” Smith said.
“We object to that,” said Arnold.
“This man ha* no connection with
this case.”
“This man is my client, and I just
want to say that he should have a lit
tle extra than the prison fare to re
vive him. Don’t the Sheriff allow
Frank better than the regular prison
fare?”
“Send it down and he will get It.”
interrupted Rosser. r
“All right,” replied Smith, "I will
send it down. 1 also think he should
have a special guard at the jail.”
Dorsey and Hooper both smiled.
Court then adjourned until 9 o’clock
Tuesday morning.