Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 04, 1913, Image 7

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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.