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I
THE ATLANTA GEORGIAN AND NEWS.
CONLEY TELLS STIRRING TALE OF EVENTS AT FACTORY.
Hearers Sit Spell-Bound at Unfolding of Details of Tragedy
TFNSF WHIIF .IIM111 FY
A. I don’t know. Part of that time
I wm in prison.
y. vVhal tirm* 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 K«»t there and got out?—A. No.
y. When you got out, your woman
had moved?—A. Yea.
g. Where to?—A. 122 Rhodes street.
Q. Who were you living with?—A.
Lorena.
TELLS HIS GISTS! 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
giade 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 Dorsey 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
ami his mother.
Conley took the stand. He lifted
his hand to he sworn. Not a sound
but the Solicitor's words disturbed the
little courtroom.
“Do you Know Leo Prank?" was the*
first question shot at the negro.
“Yes, sar, 1 do,” Conley replied.
“Where U he?”
Negro Points Out Frank.
“Right there ho is,” said the negro,
leveling his linger 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
der the damning, glib accusation ol
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. Frank replied with Just
the ghost of a smile and the long
question of the negro was begun.
Probably 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 fulled
to snake or disturb Leo Frank, iii
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 hud admitted to this, so far as
the public had know'll.
Fruuk showed only a mild Interest,
but the Jurors strained forward in
their seats.
Conley told of hearing the foot-
step* fr->m his vantage point on thr
first floor, of two persons coming oul
of Frank’s office.
Frank still exhibited no sign of con
cern
Conley then Mated hearing the
footsteps going back to the metal
room and of being startled by the
shrieks of a young girl.
Mr*. Frank Bows Head.
Mrs. 1 rank bowed her nenrl, but
gave no other sign. Frank still was
the personification of coolness and
(omposri-e.
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 told 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 with
his grim story.
Tells of Finding Body.
After hearing the shriek of the lit
tle girl. Conley impressively told that J
he heard some one tiptoeing back j
from the metal room and an instant J
later heard I'rank signaling him i
from the top of the stairs.
Then followed the tragic story of!
how Prank 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, w-aa 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.
Dalton To Corroborate
Conley’s Story On Stand
Continued on Pane 4.
then?—A. Vou 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.
g. He and Frank used the same ex
pression?—A. Yes, sir.
Q. How were the women dressed?—
A. I don't remember.
Court was then adjourned until 2
o'clock.
Jim Conley was brought to th€
courtroom at five minuter to 2 o’clock.
He was accompanied by W. M. Smith,
his lawyer, and Chief of Police James
L. Beavers. He spent the noon recess
at the police station. The negro went
straight 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 g&sed calmlv at the
curious fares turned his wav
Just as Judge Roan walked to th*»
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 :
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 caij’t bring out 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 r .
g. What did you do the. Saturday
after that?—A. 1 don’t know, sir, 1
disremember.
g. What about the Saturday after
that?—A. Well, long about August 1
1 watched again.
Q Le. me see if 1 got that right
—one Saturday you didn’t watch 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-
givlng?—A. I don't know exactly. 1
can't count it lik*» you.
Q. Well, I got it like you said,
< idn't I. Jim?—A. The last time 1
watched was about the last of Sep
tember.
Q. Jim, what time was It you
watched the second Saturday?—A. \
don’t remember, sir.
Q You don’t know what time you
left for home?—A. No. sir.
g Jim, we don’t want any contro
versy between us, but tell all about,
those times you watched.—A. 1 done
told you like I remember them
Doesn't Remember Pay.
g. When did you draw your pay.
before or after Thanksgiving day?—
A. 1 can’t remember.
Q. The day after Thanksgiving day
what did you do?—A. I came back $o
work.
g Who did you see?—A. Mr.
Frank
Q. Who else?—A. I can’t recall.
g. Did you »oe Mr. Darley?—A. I
don’t remember.
Q. That firs? time you watched, how
many hours did you work and what
did you get?—A. $1.25.
g. I mean what did you get for
>>>ur services?—A. I don’t remembed.
g. When* were you living in July.
1912? A 37-B Vine street.
Q. How long did you live there?—
Can't Remember Prison Terms.
g. The same one you were living
with when you were arrested?—A.
Yea.
g. When were you In prison again?
— A. I can't remember.
g. Before or after Christmas?—A.
I can’t recall.
g. Was it cold or hot?—A. 1 can’t
recall.
g. How long were you there?—A.
About twenty days.
g. Were you In prison before that
first time you told me of?—A. Right
after I went to the pencil company.
g. How long were you there?—A.
About 30 days.
g. How many times were you In
prison since you went to the pencil
factory?—A. Three times.
g. How- many times altogether?—
A. Four or five times.
g. You can t recall the number of
times?—A. No.
g. Was It six—A. Yes, five or six.
g. Cun you remember the first?—
A No.
g. You can’t remember the first
time you were in prison?—A. No.
g. You can’t remember any time
at all?—A. No.
g. You can’t tell how long you were
In at all?—A. No.
Q. First time?—A. No.
g. Second time?—A. No.
g. Third time?—A. No.
Thinks It Was Seven Time*.
Q Fourth?—A. No.
g. Fifth?—A. 1911.
g. What month?—A. I don’t re
member.
g. Sixth time?—A. It was after
that.
g. Seventh time?—A. After that,
g. You can’t tell what time?—A.
No.
g. What about the eighth time?—
A. I didn’t say I had been arrested
eight times. You said that.
g. But you don’t know whether you
have been arrested seven or eignt
times?—A. I think it was seven.
g. You have been arrested three
times while you have been working
at the pencil factory, haven’t you?—A.
Yes.
g. 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.
g. You saw the placards telling that
it would b« a holiday?-A. Yes.
Q. Did you read them?—A. Mr.
Campbell read them to me. So did
Snowball.
Drank Beer in Factory.
g. What was on the placards?—A.
I don’t know. He read something
about the factory would be closed
down on April 26.
Q. You and Snowball were good
friends?—A. Yes.
Q Did you drink beer together?—
A. Yes.
, .d you ever get drunk In the
factory?—A. No.
g. Did you drink beer there?—A.
Yes.
o. How much would you drink
each day?—A. A dime’s worth each
uuy.
g. Where would you drink It?—A.
In the basement.
g Did you Mee Snowball Thanks
giving?—A. No. but I saw him the
day before or after.
y. How long did Snowball work
there?—A. 1 don’t know.
y. 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 watched
him in January’, was Snwball there?
—A. Yes.
y. He walked right up and began
talking to you both?—1 don’t know
whether Snow’ball was there.
Six Negroes Worked In Plant,
g. Couldn’t you see ihm?—A. Snow
ball was in the back. There was a
partition between him and Mr. Frank.
g. Well, Mr. Frank wouldn’t have
come if he had heard, would he?—
A. No. sir, I don’t guess he would.
y. You worked all the time for two
years?—A. Yes, except a few times
when 1 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.
y. 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.
y. Six with you and Snowball?—A.
Yes.
y. You all did just plain labor, you
and Snowball and the fireman .’ You
didn’t run any machine*?—A. Yes,
sir. except the fireman.
y When was the first time Mr.
Frank spoke to you?—A. I don’t know.
Q. You were 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 "ou about anything but business?
- A. Do you mean about these private
things”
y. 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
kiiow, sir, just w hen.
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. T 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 fast.’
returned the judge, and the ease pro
ceeded.
y. When did he jolly with you the
last time?—A. I can’t recall.
y. Give one little Joke you ever
heard him crack?—A. I can’t.
y. 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."
<> What else?—A. Well, he would
pinch me.
y Did Mr, Holloway or Mr. Dar-
le> see that?—Mr. Holloway- did.
y. Do you remember what ttme you
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.
went to the factory to work?*—A.
About two years ago.
y. Do you remember the year?—A.
I think it was 1910.
Q. How do you know?—A. I heard
Mr. Schlff say.
Q. How many girls were there?—A.
Kiii.uu. t lara, alia® Dill, Rebecca Car-
son—i ran t recall how many.
Carried Note for Girl,
y. Y\ ..... A ii is woe un toe fourth
floor In 1912?—A. Miss Daisy Hopkins
wa* mere.
y. Was she there in 1913?—A. No,
sir.
y. Do you know where she lived?
y. How did she look?—A. She is
low, chunky and pretty.
y. Was she dark or fair?—A. She
was fair.
Q. What kind of ears did she have?
—... mive luma’ ears.
y. lou uifln’t expect them to be
like a rabbit, did you?—A. No.
Q. How did you lenow she was there
in w unc . a. one Jave me a note for
Mr. SchifL’.
y. How do you know that was in
June?—A. It had that on the note,
y. Did you read it?—A. No.
y. Then how did you know?—A. He
said something about June and
laughed.
y. That is all you know about It?—
A. Yes.
y. You never saw her before that
I'm" when she gave you the note?—
A. No.
... aow did you fix the time when
sm left?—A. Mr. Dalton told me it
was about Christmas.
LrariK Appear* Weary.
Frank appeareu very weary during
the questioning of Conley. He alter-
nateo his intent gaze from Mr. Rosser
to tiie negro witness. His eyelids
twitched nervously at intervals. Ev
ery now and then he would take a
deep breath.
Mr*. 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
sue appeared to be listening.
Mr. Rosser kept his seat while
cross-questioning the witness. After
almost two hours’ o fgrilllng 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 the questioning
about Dalton.
Describes Dalton.
Q. Where did you see him?—A. He
was coining out of the basement.
y. What color was his hair?—A.
Black. He weighed about 135;
height about like that (the witness
indicated Mr. Arnold),
y. How old was he?—A. About 35.
y. Where did he live?—A. 1 don’t
know.
y. How many times did you see
him?—A. Several times.
y. How many times—A. Only sev
eral times.
y. When <Jid you see him the first
time? A. He wae coming out of the
basement that first time.
y. When else?—A. That time Daisy
Hopkins brought him there.
g. When else?—A. About Christ
mas.
g. Did you see him Christmas?—A.
Not on Christmas Day.
Q. When did you see him?—A.
Along in January.
g. When was the last time you
saw him?—A. About six months ago.
g. Where was he?—A. The detec
tives brought him down to the police
station and asked me if 1 knew him.
g. How was he dressed the first
time you saw him?—A. 1 don’t know.
g. You don’t know what color his
suit was?—A. No, sir.
g. How did he look?—A. He looked
like a man who had Just finished
work and had dressed and come up
tow n.
Worked in Holloway’* Place.
Q. That first Saturday you watched
was Mr. Darley or Mr. Holloway
there?—A Yes, sir, but they left
early.
g. Now, the next time you watched?
A. Mr. Holloway was sick.
Q. Who worked in his place?—A. I
did.
y. How do you know he was sick?—
A. They told me he was sick.
y. Well the next time, was Mr
Holloway sick? That \va« Thanks
giving. wasn’t It?—A. No, s.r, it wa»
before Thanksgiving.
y. What uuic it?—A. Last of
August.
y Was Mr. Holloway sick then?—
A. No. sir.
y. Was he at the factory that Satur-
Yes, sir he left about 2
o’clock.
..ow, the next time was after
Thanksgiving?—A. It was in Septem
ber.
Q. I thought you raid it was after
Thanksgiving?—A. September is af
ter Thanksgiving.
Q. September ts after Thanksgiv
ing?—A. Yes. sir. September is after
Thankaeivlng
Shifts Calendar Again.
Q. In September after Thanksgiving
was Mr. Darley and Mr. Schlff 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. Schlff 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.
y. 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, 1 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 while.
y. Do you know where fhe plating
room is?—A. I don’t know anything
about that department.
y. 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.
y. Were you ever back where the
ladies’ toilets were?—A. I put disin
fectants back 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 1 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 and Mr. Fritz.
Q. Are they there now.—A. I don’t
know.
Q. Outside of the lead room, the
ladies’ 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.
P'rank.
y. How many other time* did you
go back there?—A. I don't recall.
Q. What wbre you doing there?—
A. Mr. Frank sent me there to mova
some boxes the rats were eating.
Q. Who else ever sent you back
there?—A. Mr. Schlff.
Conley here called for a glass of
water and Mr. Rosser said “We will
rest a little while.”
Describes Frank’s Office.
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. 1
don’t know’, sir, he was avay.
Q. How big is the outside office?—A.
I don’t know. sir.
Q. What is in it?—A. A safe and a
desk.
y. 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.
y. 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 *ee 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.
Show* Where They Talked.
Q. When a person gets down to the
clock he can see them?—A. Yes.
y. Who raw Mr. Frank talk to j r ou
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
aisle). 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
com*?—A. About 8:3‘).
Q. What else did you do?—A. I
we it on svvfi ping and left at 5:30.
Didn't Draw Pay.
Q. Did yoff 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.
$3.75.
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 $2.75.
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 wnat I have
always understood.
Dramatic Moment of Trial
Comes as Negro Takes Stand
L. O. Grice, a stenographer 1n the
offices of the Atlanta and West Point
Railroad, was the first witness called.
He said that he saw Frank on Sunday
morning after the murder and Frank
attracted his attention by his undue
nervousness-
Grice said he was on the way to
the Terminal Station when he bougnt
an “extra” stating that a murder had
been committed at the National Pen
cil Factory. He said he stopped by
.he pencil factory and saw eight
men on the Inside of the building.
“Did any of these men attract your
particular attention?” aaked Solicitor
Dorsey.—A. Two or three of them
did.
Q. Who were they?—A. When I
went. In the building Detective Black,
whom I knew’, was asking a great
many questions.
Q. Did anybody attract your atten
tion by their nervousness?—A. Not
right then, but later we went down
through the basement and out the
back door. Then I was attracted by
the nervous actions of a small dark
man. I did not know him.
Q. Is this the man? (Pointing to
Frank.)—A. Yes.
Shows How Frank Acted.
Q. What did Frank say? A. He
said something About looking for his
pin. Detective Black told him they
had already looked for it.
Q. Just tell the jury how Frank
acted.—A. He did like this, (The wit
ness stood up and walked about the
stand with his head bent, intently
gazing at the floor. His hands, with
the fingers extended, were shaking.)
Rosser took the witness on cross-
examination.
Q. When w’ere you served to ap
pear as a witness?—A. I^ost Satur
day.
Q. How did you come to be called?
—A. I told my fn-.nds and they prob
ably told Mr. Dorsey.
Q. When you saw that that little
girl was murdered, did it not affect
you?—A. Yes. some.
Q. You were excited, were you not.
Just like an ordinary human being?
—A. Yes.
Q. Did you show your excitement?
—A. I might have.
Q. You don’t recall w hether anyone
else was nervous, do you?—A. No.
Dobbs Is Recalled.
The witness left the stand and Ser
geant L. S. Dobbs was recalled.
Q. Mr. Dobbs, did you find a hand
kerchief In that basement?—A. About
ten feet toward the rear froija the
body,
Q. Is this it?—Ye*.
Rosser cross-examined the witness.
Q. The haindkerchief was about ten
feet beyond her feet on the left hand
side of the building?—A. Yes.
Solicitor Dorsey took the witness
again.
He had Sergeant Dobbs identify
a flashlight photograph of the spot
where the body was found.
Rosser questioned the witness
again.
Q. Do you recognize in this picture
the handsome countenance of our
friend, John Black?—A. Yes.
Dobbs was excused.
Handkerchief as Evidence.
Solicitor Dorsey gained consent to
tender the handkerchief as evidence.
Mell Stanford, an employe of the
pencil factory, was recalled to the
stand.
Q. What was the condition of the
door in the rear of the second floor
of the pencil factory leading to the
stairs that led to the third floor on
the Friday afternoon before the mur
der?—A. It was barred.
Q. Is there any other way to get
out that way except those steps.—A.
None except the fire escapes.
Q. Was the floor cleaned subse
quent to the murder?—A. Yes, some
time in the early part of the week.
Mr. Rosser took the witness.
Q. Did you clean it'?—AA. No, I
saw a negro doing it.
Q. Who w’a* he?—A. I don’t know.
Undertaker Gives Formula,
The witness was excused and Wil
liam Gheeslin, the undertaker, was
recalled.
Q. Are there curtains on the out
side of the room in which Mary Pha-
gan’s body w’as placed?—A. Yes.
Q. I don’t want you to disclose the
formula of your fluids, but I want to
know if there is formaldehyde in it?
—A. Yes. I will state that thers is
8 per cent of formaldehyde.
"I object” said Mr. Rosser, “for him
to bring out one ingredient without
the others.”
“Well," said Mr. Dorsey. “I don't
want him to disclose his formula when
it is a secret with him, and 1 hope
that Mr. Rosser will not try to force
him to do so.
"Mr. Rosser tried to bring out from
Dr. Hurt that the lungs were not
congested. I want to show that for
maldehyde cleaned them out."
Didn't Point Out Scar.
Finally it was agreed that Mr.
Gheeslin should show his formula to
the attorneys and the Jury-
Rosser took the witness on cross-
examination.
Q. Mr. Gheeslin, when Detective
Black. Boots Rogers and Mr. Frank
were in your undertaking establish
ment, didn't you point out the scar
on the little girl’s head?—A. No.
Q. Instead of there being a cur
tain to the entrance to the room in
the undertaking room where Mary
Phagan’s body was lying there was a
bathrobe and a small coat hanging on
the door?—A. Yes.
The witness was excused.
Mrs. Arthur Ellis was called, but
did not answer.
Jim Conley was called at 9:45.
8tate May Rest Wednesday..
The second week of the Frank trial
opened Monday morning with the in
dication that the State would not
conclude with the presentation of its
case before Tuesday night at the
earliest. In the event that the cross-
examination of Jim Conley required
the time the lawyers for the defense
intimated they would devote to »t,
there was a strong possibility that the
prosecution w’ould not rest much be
fore Wednesday afternoon.
The conclusion of the testimony of
Dr. H. F. Harris was regarded as of
scarcely less importance than the
story of Conley. Dr. Harris was on
the stand Friday and created a gen
uine sensation by declaring that Mary
Phagan could not have lived more
than half or three-quarters of an hour
after she ate her simple midday meal
and started from home for the Na
tional Pencil Factory. He came to
this determination from the fact that
the cabbage she had eaten for din
ner had undergone scarcely any
change from the digestive Juices when
he examined the contents of her
stomach.
The physician also strengthened the
State’s indictment charging strangu
lation by declaring that this was as
suredly the cause of her death, the
blow on the back of the head being
insufficient to produce more than u
temporary unconsciousness.
In the midst of his startling testi
mony, which was the first evidence
brought out by the State that w r as
not already known by the public, he
collapsed. Solicitor Dorsey had
planned to ask him a number of other
questions, but was forced to stop
where he was. The defense, it may
be supposed from the ungentle man
ner in which they attacked the doc
tor's statements the next morning
with another of the State's medical
experts on the stand, also was plan
ning to question Dr. Harris at length.
Whether any other revelations of
importance as the result of Dr. Har
ris’ examinations of the body at the
first and second exhumation would
have been made under the examina
tion and cross-examination can only
be determined when Dr. Harris again
takes, the stand. It also is prob
lematical whether the physician will
testify with such assurance and pro
fessional ease when he gets under the
grilling cross-fire of Reuben Arnold,
who knows a little medicine and
physiological causes and effects him
self.
The prosecution, before It finishes,
has still other witnesses to call. An
expert in abdominal surgery, to cor
roborate the testimony of Dr. Har
ris, probably will be one of them.
Solicitor Dorsey would not reveal his
name Monday morning.
Harry Denham and Arthur White,
the factory employees who were on
the fourth floor of the building Sat-
uruay forenoon and in the afternoon
until 3 o’clock, are expected to be
questioned briefly by the Solicitor be
fore he concludes the presentation of
his evidence. Their testimony is not
regarded as of special value, except
to establish the time whm Frank
came to their floor to tell that he was
going to leave and lock the front
door. They are expected to say, in
addition, that they were hammering
and making a great deal of other
noise and that they probably would
not have noticed the running of the
elevator had any one used it.
Mrs. May Barrett's testimony le
shrouded in mystery. She was seen
on the fourth floor of the factory the
Saturday of the crime, but what she
will be able to testify l?as not been
disclosed by the Solicitor. The first
time she went to Solicitor Dorsey’s
office she emerged crying hysterical
ly that someone had been telling lies
and that she knew nothing.
Her daughter, Mrs. George Bailey,
it is understood, told the authorities
that Mrs. Barrett had not revealed
all she knew of the day’s events.
Admissions Are Reported.
There was another conference be-
FIB 'JOKE' TUX
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 autoino-
bilists, 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 that
either.
"Kor God’s sake tax something!
In the name of Heaven, don’t vote
dow r n everything that will bring more
tevenue 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."
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 cn wagons and buggies, based on
the "horsepower.”
Of four tax measures that were
brought up for passage this morning,
all of which 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 when 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 hill was opposed
by Wohlwender of Muscogee. Wright
j of Floyd, and Wimberly of Bibb. It '
w-as tabled on motion of Adams of
Hail, after considerable discussion.
One of the two bills passed fixed
an occupation tax on domestic and
foreign corporations, based on the
capital stock, ranging from $10 to
$200. It doubles the present tax. The
other levies a tax on automatic bot
tling heads in soda water bottlingi
factories, scaling upward as follows;
For one automatic head, $25; two
heads, $75; three heads, $195, and $50
for each additional head.
tween the Solicitor and Mrs. Bar
rett. This time she is said to have
made admissions which the Solicitor
regarded of considerable Importance
in building up his case against
Frank.
Chief Lanford is another of the
State's witnesses. The head of the
detective department, however, has
had in his possession little informa
tion that has not already been made
public, and his testimony may be re
garded as merely confirmatory of that
previously given by his detectives and
the police.
The defense has been waiting wtth
some degree of eagerness the placing
of Lanford on the stand. Attorney
Rosser has been saving a mass of in
terviews that the chief gave out
which, he says, indicates that Lar.-
ford started on the case with the
firm theory that Frank w-as guilty,
and that he excluded every possibil
ity from his mind, working only to
gather evidence that would be harm
ful to the factory superintendent.
Mrs. Mima Formby. the author o!
the sensational affidavit charging
that Frank called up her house sev
eral times Saturday night asking per
mission to bring a girl there, will not
testify for the prosecution. This has
been stated definitely by the lawyers
representing the State. i
Jury Spends Quiet Sunday. '
They say that they do not believe
the woman's affidavit and that there
is no use in calling a person
they are certain has been telling a
pure falsehood. There is a strong
likelihood, however, that Mrs. Fomby
will testify and that she will be
called by the lawyers for the de
fense against whose client she ut
tered her accusation.
It is said that she will be asked
to explain the origin of her affidavit
and narrate all of the circumstances
which preceded its writing. Frank's
attorneys say that they are aware of
the reason for the framing of the af
fidavit and declare that when Mr«.
Fomby takes the stand there will be
some highly interesting testimony.
The twelve Jurors spent roost of
their Sunday In the three rooms at
the Kimball where they are quar
tered. During the day they read
magazines and books, played games,
talked and joked, but were kept
strictly from reading any newspapers
They w-ere taken for a walk after
they ate at noon and again in the
evening. Most of them retired early.
A host of friends and relatives ot t
Frank visited him at the jatl during
the day He was calm, cheerful and
optimistic. His wife and mother did
not go to the Jail, but stayed at home
to rest for the ordeal of another week
in the courtroom.
I
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