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THE ATLANTA GEORGIAN AND NEWS. CONLEY STEADFASTLY STICKS TO HIS MAIN ACCUSATIONS Under Blistering Fire From the Defense He Admits Changing Bis Story FIGHTING FACES OF MEN BATTLING FOR FRANK LUTHER Z. ROSSER. REUBEN ARNOLD. Continued From Page 1. body met with utter failure. He could not be budged an inch from this incriminating statement against Frank. He might tell it in slightly dif ferent words. His story might show minor discrepancies, but he kept to his main accusation that Frank was the slayer of the girl and had so admittel to him. Because Conley had at. one time quoted Frank as saying that he had "picked up a little girl back there and let her fall" and now was declaring that the superintendent said: "I struck her and struck her too hard,” Rosser endeavored to corner the ne- • ro and force him to admit that he i-'ng in both instances. He was * - nsuccessful. Conley conced- « h might have quoted Frank 'Mon : . but asserted strongly that the circumstances were as he had re lated them. Rosser until late In the forenoon confined himself mostly to a compari son of Conley's statements in his af fidavits and before the detectives with the story he had told In court. Conley was not at all reluctant to admit that he had been a liar from the beginning of the investigation Into his part In the crime. He did maintain, how ever, that he was telling the truth on the stand. The lawyer was able to direct sus picion most strongly at the story Con ley now Is telling by questioning him most closely about the incidents at the factory n the day of the crime. Didn’t See Others Arrive. He developed that Conley saw, or claimed he saw, E. F. Holloway, N V. Darley, a "peg leg” negro, the Phagan girl, Lemmlb Quinn and Mon teen Stover as they entered or left the factory that day, while he was on the first floor near the stairs. He testified, however, that he did not see Oorlnthla Hall, Emma Clark, Alonso Mann, Hattie Hall, Mrs. May Barrett or Mrs. Arthur White. Hattie Hall and Alonzo Mann left the building at 12 o’clock. Quinn, ac cording to Conley, entered and left at about 12 o'clock. How ho could have seen Quinn and missed seeing the other two persons he was un able to explain. Conley declared that Quinn entered the factory and left before Mary Phagan came In. He said that he had heard the Phagan girl’s scream before Monteen Stover came in the factory- After the Stover girl en tered he testified that he went to sleep and was aroused by Frank stamping on the floor above. This was the signal agreed upon, said Conley, and he went and locked the outside door. A little later Frank Whistled and he went up stairs. "He asked me If I’d seen a girl come up here," Conley said. "I told him I’d seen two and that I’d only seen one of them leave. “ •Well/ he said to me, ‘you know that little girl that came up here. I went back with her to the metal de partment to see ahotu some work. I wanted to be with her and she re fused me. I struck her and struck her too hard.' ” Held Back Part of 8*ory. A«ked why he didn’t tell the whole truth, even in his last affidavit, Con ley could only reply that he didn’t want to tell all his story against Frank at once. Rosser got the negro to say that he had talked with Solici tor Dorsey six or seven times and Retinol Don’t itch! use Resinol Just put a little of that soothing, antiseptic Resinol en the sores and the itching and burning stop right there. Soon all trace of eczema or other eruption is gone. Pre«/Tibed by doctors for 18 years. For liberal sample and booklet* write to Dept. 34-S. Resinol, Baltimore, Md. : Sold by every druggist. had added to, or changed his story slightly each time. It was the persistent endeavor of Rosser to get before the Jury the fact that Conley In his third affidavit had said he was telling "the whole truth,’’ and yet, when there wan no apparent reason for holding anything back, had continued to Ho about the events of the day and had kept a dark secret thut he was in the factory early In the morning. If Conley’s third affidavit was now admittedly false In many respects, al- thought fonley declared it vwas the truth when he was making it, what reason was there to believe that this tale Conley had told the Jury had in It much else than falsehood? This was the question that Rosser evidently was trying to place in the minds of each of the twelve Jurors. Rosser got Conley to say that he lied about the time he got up, about the time he left home, about the time he first went to the factory, about the time he bought a flnsk of whisky, about the time he first met Frank, and about the length of time that Frank stayed at Montag Brothers, and about the time N. V. Darley and Miss Mattie Smith left the factory. Roster Suddenly Shifts. Rosser suddenly shifted from his examination of Conley as to his pre vious statement and began to ques tion him about tlve crime Itself. He took up in rapid sequence the various phase* of Conley’s story of the events Just before and Just fol lowing 12 o’clock on the day that Mary Phagan wo* killed—the en trance and departure of factory em ployees, the coming of Mary Pha gan, the girl’s scream in the rear of the factory, the visit of Monteen Stover to the factory, and finally the disposal of Mary Phagan’s dead body by Conley at the direction of Frank. During a brief recess a strychnine tablet wa* given Conley as a bracer for the ordeal through which he was pass. Just as ft appeared that Rosser had reached the point where he proposed to go after the negro in savage fash ion, Attorney Hooper broke in with a strenuous objection to them annex In which Frank’s lawyer was seek ing to Impeach the witness. He Insisted that all the affidavits be read to Conley where It was de sired to question him In regard to events he had told of previously. Judge Roan ruled in favor of the defense and the questioning pro ceeded along the same lines. Rosser evidently was determined to break the negro down In short order, as he started off in his quick, aggres sive fashion, and with little of the easy manner of his early questioning of the daj r before. Conley wa* as unconcerned and cool as when he first went on the stand to tell his remarkable story. He answered the questions readily and refused to be confused or mixed. Rosser at once began asking him concerning his part in the crime. He brought out the contradictions in Conley’s various sworn statement*. Q. You had your second talk with Black and Scott on May 24?—A. 1 disremember. Q. Jim, you told them you wrote the notes on Friday, didn't you?—A. Yes, I told them 1 wrote them on Friday. Q. Then they told you the notes wouldn’t fit?—A. No, sir, they didn’t tell me that. Q. They didn’t tell you the notes didn’t fit In with the other part of the story?—A. No, sir. Q. You remember a lot of other things, but you don’t remember that? —A. No, sir, I don’t remember that. Q. Didn’t Mr. Black and Mr. Scott tell you that yo\ir statement about writing the notes on Friday was all rot. and you’d have to change it to make your story true?—A. No, sir. they didn’t tell me anything like that. Q. They tried their best to get you to change your statement on May 27, jand you w ouldn’t do it. w ould you, Jliji? —A. They questioned me, but they didn’t try to make me change my statement. Fails to Remember. Q. They didn't question you at all. —A. They asked me If that was all, and I said yes. Q. That was on May 27, wasn't It?— A. I disremember. Q. But It was after you had made your second stutement?—A. I don’t know. Q. Well, didn’t Lanford and his de tectives stay with you a whole day and stick closer than a brother?—A. No, sir. They talked to me a long while but they never stuck by me all day* Q. But they told you your statement didn’t sound right?—A. No. sir, they never told me that. Q. What did they talk to you about for four hours a day?—A. They talk ed to me about a whole lot, about different things. Q. What did they talk about?—A. They asked me if I knew Mr. Frank Q. Don’t you remember anything else?—A. They asked me all about Mr. Frank. Q. Did Mr. Black talk to you?—A. Yes, sir, he talked to me a whole lot. Q. On May 28 you made a third statement, or was it your second?— A. I think It was the third. Q. Didn’t you say a while ago that you made a second statement on May 28? Now you say it was tho third. Which was right?—A. 1 think it was the third, but I am not sure. Q. Why did you change the time you told them you wrote the notes?— A. I thought they might think some thing wrong If 1 stuck to the first. Q. You liked headquarters, didn’t you?—A. Yes. Q. You volunteered to go down there, didn’t you?—A. Yes. Dorsey: "I object to that. The papers w'ould be he bes evidence.” Attorneys in Clash. Judge Roan said: "He can show where he had been.” Dorsey objected to what he termed "secondary evidence.” Rosser declared: "I am going to show the whole thing—that he was released and ar rested—one of the biggest farces in Atlanta, and 1 will introduce the pa pers a he proper time.” Dorsey withdrew his objection. "Then I withdraw the statement that I will put the papers In evi dence.” said Rosser. Dorsey then renewed hls objection. Judge Roan repeated that Rosser could show where Conley had been. Solicitor Dorsey deliberately laugh ed at the Judge's ruling and took his seat. Questioned About Breakfast. Q. You told the detectives you saw the clock on the negro university and told the time by that.—A. I told them I saw the clock. Q. Didn’t you tell them It was 9 o’clock?—A. I don't recall. Q. What did you have for break fast?—A. Some liver and tea. Q. What time did you get up that morning, not what time you told the detectives?—A. About 6 o’clock. Q. What else did you have for breakfast?—A. I think that was all I told vou a while ago. Q. 'Didn’t you have some sausage? —A. There was some on the table. I don't know whether I ate any or not. Q. Don’t you know a nigger never had sausage on the table without eating it?—A. I reckon so. Told Them of Saloons. Q. Well, you told them you went to Peters street, didn’t you?—A. Yes. Q. Why didn’t you tell me that a w r hile ago?—A. Well, I told you if you would read it to me I’d tell you whether it was right or not. Q. If I’ll repeat the story you’ve learned you will know whether It’s right or not—A. Yes, sir; I’ll know W'hether it’s what I said or not. Q. Did you tell them anything about Peters street?—A. Yes, sir. Q. This time?—A. I don’t know whether It was that time or not. Q. You didn’t tell them this th© first time on May 18 what saloons you went to on Peters street, did you? A. I don’t know when I told them, but I told them. Q. Did you tell them about buying some whisky?—A. Yes, sir; I bought some whisky, but I don’t know when I told them. Q. What time did you say you bought the whisky?—A. About 11 o’clock. Q. And that wasn't the truth?—A. No, sir. Why He Changed Time. Q. What time did you buy it?—A. About 8 o’clock. Q. Have you changed your time because you wanted to be at the fac tory the same time Mr. Frank waa?— A. I was there at the same time Mr. Frank was. Q. What did you change your state ment for?—A. Well, I don’t want to put myself at the factory twice. There wasn't nothing doing there and I didn’t want to put myself there. Q. Jim, Is that all the reason you got—you didn’t want to put yourself at the factory when there wasn’t nothing doing?—A. Yes, sir. Q. Jim, all these lies—I won’t call them lies, I’ll call them stories—did you notice them before you went to Jail or afterw'ards?—A. I disremem ber. Q. Then you don’t know whether you told those things before you w T ent to Jail or not?—A. Yes. sir; I think it was after I went to Jail. Q. Well, you made all these elabo rate changes after you got out of Jail and was taken to police station? A. Yes, sir; I guess I did. Q. Jim. to whom did you make the first change in your confession?—A. I disremember. Q. What? You U^d ail those Ues, and don’t remember when you told them or to whom?—A. No, sir; I don’t remember. I knew when I told a lie I knew' it wouldn’t fit and I’d have to change it, so I didn’t remem ber much about It. Q. Jim, you had already give your self away, why didn't you tell all the truth? “Your honor, I object,” said Mr. Dorsey. "Let him examine this wit ness, but he can’t comment and dis pute with him." "Does this court mean that I can’t refresh hls memory about an answer he has Just made?” asked Rosser. “There should be a wide latitude in the examination of this witness and I don’t object to It,” said Mr. Dorsey. “You can keep him here until SaU 1 *- day night, if you want. I won t ob ject.” Defense Loses Kullnq. “Your attitude doesn’t count in that," said Mr. Rosser. "I rule that you can not dispute with the witness,” said Judge Roan. Q. J1m. the flrvt time you told about Mr. Frank and the little girl you told them you were going to tell the truth, didn’t you?—A Yes, sir. Q. Didn’t you say that the first time that you got down to the factory It was 10 or 10:30? You told them the last time, too, didn’t you?—A. I told Mr. Scott and Mr. Black. Q. When did you get that wine?— A. I got that at Mr. Early’s. Q. Who waited on you?—A. Mr. Early. Q. How did you get it, though rou said you didn’t buy any?—A. I told Mr. Early to put some wine In my beer—that's what I told you. Q. When did you get it?—A. Satur day. Didn’t Say He Bought It. Q. Now, Jim. why didn’t you tell the truth at first?—A. I did tell the truth. I corrected that. # Q. Why did you tell them 11 o’clock? —A. I never told them 11 o’clock. Q. How much beer did you tell them you drank before you went to the factory?—A. I don't know how much I told them. I drank five or six. Q. You told them you bought six beers, didn’t you?—A. No. sir Q. You told them you bought some wine?—A. I never told them I bought any wine. I told them something about having some wine. Q. Didn’t you tell me that yester day?—A. No, sir. Q. You are sure about that?—A. Yes. Q. Now you have a bad memory, haven’t you?—A. It’s better now than it was yesterday. Both Frank and his wife smiled at this answer. Telling “Natural Truth.” Q. Now your memory Is improving; are you sure you are telling the truth? —A. Yes. sir; I am telling the natural truth. I am looking right at you. Q. But your memory is« bad? That is, it was bad yesterday, but It’s good to-day? What kind of a memory ! s that?—A. I don’t know, sir. Q. Didn’t you tell them that you went to the Capital City Laundry?— A. I told Mr. Frank I was going there. Q. But didn’t you tell the detec tives that? Didn’t you tell them that after drinking the whisky that you met Mr. Frank at the corner of For syth and Nelson streets?—A. I must have said that If they have It down there. Q. But I really w r ant to know If you told them that?—A. I don’t know. Q. Now', look here. What's the mat ter with your memory. Jim? Didn’t you tell them that you went straight from Peters street and met Mr. Frank the first time that morning at Nelson and Forsyth streets?—A. I told them I met him there. Q. But before you went to the fac tory?—I told him I met him there. Insists He Is Telling Truth. Q. But you told them you met him there after you went to the factory— that you were at the factory but one time that day?—A. I told them I was at the factory. Q. The first time you talked to the detectives, you told them that you met Mr. Frank at Nelson and Forsyth streets, and that you had already been to the factory—that you went to the factory but one time that day.—A. 1 went straight from Peters street to the factory. Q. Look here, Jim; I w’ant to know the truth about this.—A. I is telling the truth. Q. You said you only went to the factory once, and met Mr Frank after you left?—A. I disremember what 1 said. Q. What officer did you tell that to? —A. I can’t recall. Q. Was that before or after you got out of jail?—A. I don’t know; I think It was before. Repeats What Frank Said. Q. You told him you met him at Nelson and Forsyth streets?—A. 1 don’t know'. Q. What did he say to you?—A. He said, "Ha, ha, you are here, are you?" Q. Why didn't you tell th© officers? —A. I disremember. Q. Didn’t you toll those officer^that got back from Montag’s.—A. If it is down there, I said it. Q. I am not talking about w'hat is down here. Who did you see go in there first?—A. I think it was Mr. Darley. Q. Did you say yesterday Mr. Dar ley was the first one to go In after you got back from Montag’s?'—A. No, sir. I didn’t say that. Q, And you didn’t see Miss Smith? —A. No, sir. not then. Q. Oh, you saw' her, then, before you went to Montag’s?—A. Yes, sir. Q. Then you lied to the detectives? —A. If I told them Miss Smith was the first one I saw go up after I got back from Montag’s. Q. What time did Mr. Darley leave the factory? You said about 10 o’clock?—A, No, sir, I said it was later than that. Stayed at Factory an Hour. Q. What time was it?—A. About 11 o’clock. Some time after we got back from Montag’s. Q. What time did Miss Mattie Smith leave?—A. I don’t know ex actly. > Q. About what time?—A. Well, about 9 o’clock, I guess. Q. Then you stayed at the factory an hour?—A. Yes, sir, I guess I did. Q. Did Mr. Holloway come down before or after you came in from' Montag’s?—A. He came down after we got back. Q. Could he have seen you?—A. Yes, if he had looked. Q. How could he see you?—A. I had my feet stuck out. Q. What time did Mr. Holloway leave?—A. I can’t tell. Q. How long after Mr. Darley left did Mr. Holloway leave?—A. I can’t tell. Q. Give your best estimate?—A. About 15 minutes. Can’t Recall What He Said. Q. After Mr. Holloway left, vrho was the next' person you saw come in? Who did you tell the police?— A. I think Quinn came in. Q. Did you tell the police that?— A. I can’t recall. Q. Did you tell them a lady In green came up after Mr. Holloway?—A. I don’t know. Q. You didn’t tell them?—A. I might have. Q. Was that right or a lie?—A. It wasn’t true. Q. When did you explain It to the police?—A. After I left the Jail. Q. When did you say Quinn went In?—A. I think I told them he was the last one. Q. Didn’t you tell the officers you saw Mr. Holloway come In and right? after him a lady in green?—A. Yes, I think so. Q. Why did you tell that?—A. I must have been mistaken. Q. Did you tell the officers she re mained there five or six minutes?— A. I might have, but I was mistaken! Q. How many mistakes did you make?—A. I don't know. Q. Who did you correct them with? —A. I don’t know. I don’t think they asked me about it. Q. After the lady In green cams down, how long was it before any body else came up?—A. I can’t think. Q. All the people you told the offi cers you saw go up were Darley, tat tle Smith, Holloway and the woman in green?—A. Yes, I reckon so. Q. You told them that four people were there. Wasn’t there four witnesses against you—couldn't they connect you with the crime? "I object to that question, your Honor,” Interrupted Solicitor Dorsey. “It is a question for argument.” Rosser; “Can’t t show that people saw him or didn’t see him, to show some object in his being there.” Judge Roan: “I think so.” Dorsey: “Do I understand Your Continued on Page 3, Column 1. YOUR NERVES NEED Horsford’s Acid Phosohat* recommended for physical »iwl men tal exhauston. nervousness and insomnia. Adv. you told him you were going to see your mother when you met him at Nelson and Forsyth streets?—A. 1 don’t remember what I told them about that. Q Didn’t you tell the officers that he was at Montag’a about twenty minutes?—A. Yes. Q. How do you know?—A. It seem ed that long to me. Q. Don't you know you stayed there about an hour?—A. No. Q. You haven't any idea?—A. No; I can only guess. Q. Why didn’t you tel! that yester day?—A. You didn’t ask me. Refreshes Rosser’s Memory. Q You said yesterday Mr. Frank didn’t say anything to you from tho time you left Nelson and Forsyth streets until you got Into the factory? —A. I told you yesterday Mr. Frank said something to me as we were passing Mr. Alverson’s store. Q. Didn’t you tell the detectives that?—A. No, sir. Q. You didn't say anything about it until you had got out of jail?—A. I don’t think I did. Q. What time did you get out of Jail?—A. I disremember. Q. Why didn't you tell the detec- j tlves about bumping Into somebody? —A. I did tell them. Q. Did they' write it down?—A. I don’t know, sir. Q. Why didn’t you tell the police about Mr. Frank wanting you to watch for him?—A. I did. Q. Where?—A. I disremember. Q. You disremember a whole lot, don’t you? Why didn't you tell the police about Mr. Frank stamping his feet?—A. I did. Parries With Rosser. Q. Who did you tell?—A. I told Mr. Black. Mr. Starnes, Mr. Scott and Mr. Campbell. Q. You told those people every thing?—A. Sometimes they were not all there. Q. When?—A. I disremember. Q. You told the detectives Miss ( ... ... . . , . , ^ 1 of the most obstinate caws guaranteed in from Mattie Smith was the first one yon * 3 to 6 days ; no other treatment required. 8aw’ go into the factory after you I Sold by all druggist*. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. PORCELAIN—NO GOLD CROWN AND BRIDGE WORK OUR SPECIALTY. .^HTEfrr Whalebone; ■•et Set, $3.00 No More, Na Less. GOLD CROWN (22-K) $3 00 BRIDGE WORK.PER TOOTH 3.00 SILVER FILLINGS 25 8 OLD FILINQ8 . 50 LEANING TEHTH ....... .50 TWENTY-YEAR GUA^A^tEE. Eastern Painless Dentists 3i'/» Peachtree Street CHOICE OF ROUTES AND GOOD SERVICE cui'i 1 mvfcw 1°