Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 05, 1913, Image 3

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9 SWEEPER CUNNINGLY WITHSTANDS ROSSER'S Admits Previous Falsehoods, but His Main Story FIERCE ATTACK Stands Unyielding LEY DISCREPANCIES IN STORY I E Continued From Page 2. Honor rules that question is admis sible?" Judge Roan: "Ask your question, Mr. Rosser." Dorsey sat down smiling. During Mr. Rosser’s questioning a dumber of the members of the Jury were inattentive. It was obvious that Mr. Rosser was postponing the cli max of his cross-examination for some time ahead. More and more it was apparent that he was endeavoring to weary the negro down before making a real effort to impeach him. The strategy with which he pre served his own strength was undis guised. He kept his seat and asked most of his questions in an even, natural voice. The Rosser who had fired the lightning questions at Newt Lee and the Rosser who had crushed John Black was not yet in action. Q. You did know that four other people had gone up and down the steps who could have seen you?—A. Yes, sir; they could have seen me. Q. And you wouldn’t tell the others because you were afraid they might have told on you?—Yes, sir. Didn't Think of Them. Q. What did you think about the four who had seen you?—A. I didn’t think about them. Rosser—That is just what I thought. Q. When did you correct your statement about whom you saw?—A. At the police station to Mr. Starnes and Mr. Campbell and Mr. Black and Mr. Dorsey. Q. How many times did Mr. Dor sey see you in jail?—A. About three times. Q. How many times did he see you at the police station?—A. About four times. Q. Then it took Mr. Dorsey seven visits to get your story straight? Why didn’t you tell it all before he had been to see you seven times?—A. I didn’t want to tell it all at first. Q. You had already told so much that what you were holding back could not help Mr. Frank?—A. I don’t know so. Q. Well, why didn’t you tell it?—A. I just wanted to keep back a little all the time. I didn’t want to tell it all at once. Q. You had a whole lot of other stories to take back and correct didn’t you?—A. No, sir; I didn’t have no other stories to take back. Admits He Corrected Story. Q. What about telling the police about buying whisky at 11 o’clock when you bought it at 8, and about seeing various people at times you didn’t see them?—A. Y^s, sir; 1 had to correct them. Q. To whom did yoq correct them? A. Mr. Starnes, Mr. Campbell and Mr. Dorsey. At this point the jury went out for a breathing spell. Q. You told the officers that when you left the factory that day that you went to a moving picture show? — A. No, sir. Q. Rut didn’t vou sav that In an affidavit? Dorsey objected to the point of questioning and was sustained. Q. On the 28th of May, in the pres ence of Scott, Black and other detec tives in the city of Atlanta, Fulton County, Georgia, didn’t you make the statement that you had gone to a moving picture show?—A. I guess so, if it’s down there. Fails to Remember. Q. Didn’t you tell the officers you went back to Peters street?—A. Yes. Q. How long did you stay there?— A. About ten or fifteen minutes. Q. How many beers did you take? —A. I don’t know. Q. Didn’t you supplement your statement of May 28 or May 29?—A. I don’t know. Q, Was that the truth?—A. All ex cept the time. Q. You didn’t tell about moving the girl?—A. I don’t know. Q. When was the first time you told about watching Mr. Frank?—A. I don’t know. Q. Was it before or after you left the jail?—A. I rlon’t know. Q. Were Detectives Black and Scott there?—A. I don’t know. There were two men there. Q. You don’t know when you told Mr. Dorsey that?—A. I forget. Q. Now, Jim, you can’t tell me any thing about these additions you mad* 1 to these statements?—A. No. Knew It Was Before 2 o’Clock. Q. Well, you saw Mr. Dorsey six or seven tildes?—A. Yes. Q. Now you say that when Mr. Frank spoke to you Miss Willis heard him?—A. I don’t know that she heard him. Q. Well, what time was that?—A. About 2 o’clock. Q. How do you know?—A. Tt was after Mr. Frank had come back from dinner. Q. How do you know’ he had come back from dinner?—A. I was looking out of the window and saw him com ing from Alabama street. Q. Well, this Saturday you and Mr Frank got to the faeotry at the same time—you met at the door?—A. Yes, sir, he got there Just a little before me. Q. Didn't you go in together?—A. Yes, sir, he went in ahead. Q. Where did he go.—A. He went on upstairs. Q. What time was it you locked the door?—A. I don’t know. Q. Give your best estimate.—A. I don’t know. Q. Was it 1 o’clock?—A. I know It was earlier than that, because I heard the screaming and stamping before that. Q. You locked the door before he stamped?—A. When he stamped I locked the door. Left Door Unlocked. Q. When did you unlock it?—A. When he whistled. Q. Was that before he went up stairs?—A, Yes, sir. Q. The door was unlocked while you were upstairs, then?—A. Yes. Q. Anybody could have come In and gone out, couldn’t they?—A. Yes. Q. Don’t you know you locked that door and left It locked?—A. No, sir. Q You say that when you met Mr Frank at the factory he went in ahead of you. Didn’t you say yesterday that you went in together? —A. I expect T did say something like that. Q. Why do you change to-day?—A. Well, we were right there together. He went in ahead of me. Q. What did he say to you about you wanting to go to the laundry?— A. He didn’t sav that to me right then. He said when I met him at the factory that I was a little early for what he wanted me to do and said he did not want me to let Mr. Darley know about it. Q. Now f , Jim. didn’t you sav that yesterday?—A. I disremember. Hooper Strenuously Objects. Q. Now', Jim. I want to know just what you said to me yesterday. You know that you didn’t say that. I want to know what you said next——” Attorney Hooper interrupted with a strenuous objection. "We object to him questioning the witness as to what he said next,” said Hooper. "Such questions can only be for the purpose of impeaching the witness. In the eyes of the law what he said yesterday is written tes timony, The stenographer took it down and the stenographer can read the notes to him. It is not fair to the witness, especially a witness who has been on the stand for a day to make him give the logical sequence to his testimony. In a matter of cross-examination like this w-hen a witness is questioned rapidly it is neither fair to him nor right in the eyes of common falrnese to attempt to thus impeach him. The law makes it plain that the questions and an swers of the day before should be read to him and ieft to him to either qualify, affirm or deny.” Rosrser replied: "Your honor, we ere simply trying to test this witness’ memory. We are attempting to find out if he can tell the truth twice, or if he can lie twice He has already lied. We want to test his memory of his parrot-like story of yesterday, and we have the right to test his mem ory.’* Judge Roaq overruled the objec tion. declaring that the defense had the right to tent the witness' memory by asking if he had said those things. Tells of Meetina Frank. Q. Jim, you told the officers first that you met Mr. Frank accidentally on Forsyth street.—A. I disremem ber. Q. You were at Nelson and Forsyth streets at 10: 3D?—A. Between 10 and 10:30. Q. You saw' Mr. Frank going to Montag’s and how' long he stayed? You don’t know' you said about an hour?—A. Yes, sir, about that. Q. When you started back to the factory, then, it was about 11:30?—A. I guess so. Q. When Mr .Frank saw you what did he say?—A. "Ha, ha, you are here, are you?’’ Q. How many times did? Ray it again.—A. Ha, ha, ha, ha. Q. That makes four times.—A. The way I say It it seems like twice. Q. What else did he say?—A. He said: “Ha, ha, ha, ha, I see you are here, are you. I will see you as soon as I go to Sid Montag’s.” Q. He didn't give you any new in structions? Just told you to wait?— A. That was all. I didn’t know what he wanted. Q. What was it he wanted with you at Nelson street? Got no idea?— A. No, sir. I don’t know. Q. Just had you to go up there for no reason in the w'orld? He told you he was going to move a body—to rorfle and chat with him a while?—A. Yes, sir; he told me that, and then in a little while he told me again. Told to Shut Door. Q. He repeated it to you? You didn’t say anything about this yes terday, did you?—A. Yes, sir; I did. Q. What else did he say?—A. He Raid for me to shut the door and no body could get In unless they had a key. Q. You did not sav anything about a key yesterday?—A. Yes, sir; if 1 didn't, you cut me off. Q. Mr. Dorsey was questioning you. He didn’t cut you off. did he?—A. If I didn’t tell him that, he cut me off Q. Now, you got back to Montag Broth#rs. Who was the first person you saw' go upstairs?—A. The first one was a lady in a green dress who worked upstairs. I don’t know her name Q. Was that before you saw Mr Holloway and that peg-leg nigger drayman?—A. Y?s. sir Q. What time was it?—A. I don’t know, sir. Q. How long was it after you got back?—A. About five minutes. Q. How long did she stay?—A. I don’t know. Q. About how” long?—A. I don’t know; a pretty good while. Q. How long after the woman went up did the peg-leg nigger come?—A. I don’t know. sir. Q. How long (lid he stay?—A. He didn’t stay no time. Q. How long after that did Mr. Holloway come?— A. Not long. Q. Give me your best estimate?—A. I don’t know. Q. What else happened?—A. Mr. Darley come down then; Mr. Hollo way come down and then the lady in green come down, and then Lemmle Quinn come down. Saw Persons Enter Factory. Q. Leramie Quinn came up and went down before Monteen Stover?— A. Yes. Q. You are sure of that?—A. Yes, and the dead girl. too. Q. Monteen Stover went up right after Lemmie Quinn?—A. No, the dead girl came up before she did, and the lady in green, too. Q. You didn’t see the office boy?— A. No. Q. Mis a Hall?—A. No. Q. The office bey?—A No. Q. May Barrett?—A. No. Q. You didn’t see any of those folks I just named?—A. No Q. What did you do while you waited?—A. I got water. Q. Where?—A. Near the elevator door. Q. You say when Monteen Stover came in you just went to sleep?—A. No. Q. You locked the door, then?—A. No; when the girl left. Q. When did you go to sleep?— A. After she left. Q. When was it you heard those screams—before or after Monteen Stover went up there?—A. It was be fore. Q. Was it before vqu went to sleep that you heard those footsteps going back there?—A. It was right after the little girl went In. Q. When was It you first told the detectives about those footsteps?—A. I don’t know. Q. When did you tell them about the scream?—A. 1 don’t know. Q Whom did you tell?—A. Detec tives Starnes, Campbell and Lanford. Q. Was it before or after you left the jaii?—A. I think It was after. Q. Were you asleep when you heard those screams?—A. No; that was Just before Monteen came In, then a-run- ning on tiptoe. Q. You didn’t wake up until you heard the stamping?—A. No. Q. Was he stamping when you woke?—A. I don’t know. 1 heard the knocking when I woke. Q. What did you do?—A. I kicked on the elevator door. Q. Why didn’t you tell the detec tives that?—A. I did tell one of them. Q. What kind of shoes did the woman in green have on?—A. I don’t know. Q. You didn't notice?—A. No. Q. Isn’t if a fact that you didn’t no tice anybody's shoes but the Stover girl’s?—A. Yes. Q. Why do you know about her?— A. I couidn’t hear her walk and no ticed her shoes. Saw Frank Trembling. Q. How long did the girl in green stay up there?—A. About fifteen min utes. Q. I thought you told me yesterday you couldn’t tell?—A. Yes; I am only guessing at that now. Q. How long did the Stover girl stay up there?—A. It seemed about like five minutes. Q. After Frank stamped, he whis tled, and you went on upstairs?—A. Yes. Q. When did you tell the detectives that?—A. I don’t know. Q. It wasn’t very long between the time you heard him stamp and heard him whistle?—A. It didn’t seem very long. Q. You went upstairs, and what did you see?—A. I saw Mr. Frank stand ing there trembling. Q. Now, when did you tell this? You didn’t say anything about if when you first told about helping car ry the body?—A. I don’t know wheth er I told it then or not; I did tell it, I know. • Q. To whom?—A. Mr. Starnes. Mr. Campbell and Mr. Dorsey, too. Q. Did you tel! all the truth then? —A. I Intended to tell li all. Q. You told all you know, did you? —A. I tried to tell all I remembered. Frank Told Him to Hurry. Q. You said Frank had a cord m his hand. What did he do?—A. He told me to hurry, and he threw the cord toward his office. Q. Was that the first thing he said” —A. He a«ked me if I siaw that littl'» girl go out. I told him I saw ore go out. but I saw one go up who ain’t come back down. He said: *Um humph.” Q. Those very words?—A. That’s what 1 said. Q. Well, what else did he say?—A He said: “Yes, I wanted to be with the little girl, and she refused me.” He said: ”1 struck the little girl and struck her too hard.” Q. Jim, when did you get thia reve lation? When you ’•aid you told the whole truth, why didn’t you tell it?— A. I'meant to tell it. Q. You said all of that yesterday? —A. Yes. Q. You are certain of that?—A. I don’t know If 1 did. I Intended to. Q. You didn’t snv anything about money yesterday, don’t you know j that?—A. No. I don’t remember. Q. When did you tell the officers?— A. I don’t know’. Q. What did he strike her with?— A. 1 don’t know. He just said he struck her too hard. Q. Why didn't you tell the police I that on May 29?—A. I think I told one of them. Q. Didn’t you say thl* (reading from the affidavit of May 29): "He there”?—A. I reckon so. but I told picked up a girl and dropped her back also about striking her Q. Did Frank say anything about the girl being dead when he told you to go back there and get her?—A. No. Q. What did he say?—A. He just told me to go back there and get her and “bring her up here.” Q. That was all he said?—A. No, he said: “We will have to get her out of here.” Q. What did you do?—A. I went back there. Q You found her near the toilet in the dressing room? - A. Yes. Q You know where the ladies' toilet is?—A. Yes. Q Now you went back there and found a cord around her neck? And a part of her underclothes?—A. Yes. sir; I found her with a knot back of g. u. o. o. f. CONVENTION Savannah, Ga., August 12-16, 1913. $9.05 Round Trip. Two trains daily through without change. Leave At lanta 8 a. m. and 9:35 p. m. CENTRAL OF GEORGIA RAILWAY. SOME EVIDENCE Telephone Connection*, Goodyear Raincoat Company LADIES’. GENTS AND CHILDREN’S -. - T __ ' Cravenettes, Silk and Auto Garments Waterproof Garments of Every Description 35 Peachtree Street , Atlanta. Ca._*illi^AJj_l?AlU9l The Atlanta Georgian, City, Gentlemen:-- We are writing this "to express cur gratification at the remarkable response to our opening advertisement, which appeared exclusiv ely in last Friday's Georgian. The crowds in attendance both Saturdrf- end Monday, the two opening lays, exceeded our most sanguine expcctet- ion8 and the sales ran up into the thoueande. i ’.Ve'belleve that this la- a good indication that Atlanta needs a rel iable '.permanent store of this character, and we intend to conduct it lr. suen a manner as to mer it the comidence and patronage of everybody. Exceptional Red uctions in M en s Ap P arel For TWENTY DOLLARS: A.y Suit |T in the house, he it fancy or plain color, is an exceptional reduction when quali ties such as we show here are to he had. They are all the Atterhury System, Fifth Ave. make. ONE DOLLAR TWENTY-FIVE for shirts, any shirt, every shirt, except dress ^ shirts and silk negligees, is another one of those exceptional reductions which are never offered except at this Shop. At this price you have the choice of starched cuff styles or French fold cuff shirts of most beautiful patterns and very fine grades. ODD TROUSERS have been reduced vcr X much in price, varying according to ^ grades from $3.75 up to $6.50 for the finest trousers in our shop. WAYNESVILLE, N. C. $8.90 Round Trip $8.90 Tickets sold August 4 to 9^ Limit August 20. Account General Sunday school and Epworth League Conference. M. E. Church. South. SOUTHERN RAILWAY. LEMONS 12|c Doz. LIMES 7Jc Doz. EGGS 15c Doz. CASH GROCERY C0. 1,1 WHITEHALL We have secured a long lease on our store 35 'Peachtree street, have installed handsome new show windows and will — -- ■ W - hereafter make Atlanta our permanent Southern headquarters,' where we will retail men's, women's and children's waterproof garments of every description. With best wishes, we beg to remain,' Very truly yours THE GOpEYEAR RAINC0/I CO. v^.QUjZ^uaJ. q CIRCULATION DAILY CIRCULATION SUNDAY STRAW HATS have been reduced to pretty nearly half, and our straw styles are not to he confused with hats made up during late season for the purpose of be ing sold at reductions. Our best grades and most desirable styles.including Bang- koks and Panamas, are all included. NECKWEAR at 30c, 60c, 90c, $1.20 is made up frsm grades in this manner: The thirty-cent variety is derived from the former fifty-cent collection-includ ing wash ties, and a beautiful range at that. The sixty-cent ties sold heretofore at a dollar. The ninety-cent ties fetched a dollar fifty before the first of August, q A I her head, like her head had been raised up off the floor and a cord put around It. Q. You Just know that knot was at the back of her head?—A. No. sir; 1 looked at It close. Q \C\v didn’t you tell the detec tives this?—A. I think I did. Q. You said he told you to bring her “up here.” Didn’t you tell the detectives he told you to bring her up to the elevator?—A. Not about that time. When Mr. Frank dropped her feet. I told them he said to take her to the elevator. Q Jim. you went back there and hollered to Mr Frank, you told the detectives.—A I didn’t holler. I went outside the door and told him she Was dead. Q Now, when Mr. Frank whistled for you, you looked at the clock?—A. Np, sir, not then. Q. When did you look at the clock? —A. Well, when I saw the little girl was dead, he told me to bring her up there and I asked him, ‘How was I to move her.” He said go back and get a cloth by the clock-box. Q. Don’t tell me all that, just an^ Continued on Page 4, Column 2. Wake Up! If you’ve been dreaming about an opportunity to own a High-Grade Player-Piano or a High-Grade Piano at A BARGAIN here is the clew to the dream: Buy a Piano or a Player-Piano now at the August Sale of the CABLE PIANO CO. GEO. W. WILKINS. President 84 N. Broad St., Atlanta TWO FAST TRAINS Lt. 7 : 12 AM., 5:10 PM. q and those we now offer at one twenty were the truly admired ones—those which brought two fifty and three and three fifty prior to this announcement. ONYX’’ HOSIERY, which is the only brand of hosiery we sell, has been reduced in th is manner: 50c grade 30c, $1 grade 60c, $1.50 grade 90c, $2 grade $1.20. In this collection of hosiery you will find the most desirable plain colors as well as clocked designs and fancies in both silk- lisle and pure silks. UNDERWEAR, with the exception of a fir special lot of broken sizes which we offer,.:’ ^ at half price, is to he had at a reductiori of twenty-five per cent—regardless. PAJAMAS we are selling at a greater re- duction, like this: $1.50 grade $1, $2.00 ^ grade $1.25, $2.50 grade $1.50, $3 grade $2, $4 grade $2.75, $5 grade $3.25. Another exceptional price scale for ex ceptional merchandise. All the seasonable wearables are reduced, eir None of the unseasonable wearables are ever reduced except for specific and legiti mate reasons. We conduct these sales for the same reason, fiT perhaps, that you would, were you in ^ this business—and maybe on the same plan. During the year we never offer bargains be- n~|T cause people who look for real merchao- ^ dise know better than to expect them, But with the prestige all good stores naturally enjoy it is essential to progress that stocks he kept in prime condition every month of the year. With the greatest care and conservatism no #rr store can end the season with empty ^ shelves. It must, however, begin the new season with new wearables. It is an endless chain. Hence these exceptional reductions. q Cloud-Stanf or d Co. 61 P c a c h t r c e St. /: