Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 04, 1913, Image 8

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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 r