Newspaper Page Text
Trrrc Atlanta ueoroian and news.
CONLEY TELLS STIRRING TALE OF EVENTS AT FACTORY
Hearers Sit Spell-Bound at Unfolding of Details of Tragedyf,
FEllST TRUSfflH PHIS
CULLED HOME
i
FRANK ADMITTED HE
HI! GIRL; BATS NEGRO;
SI HER ENTER PLANT
Continued on Page 4.
early.
y Now. the next time you watched?
A. Mr. Holloway was sick
Q. Who worked In his place?—A. 1
did.
y. How do you know he was sick?—
A They told me he was sick.
Q. Well the next time, was Mr
Holloway sick? That was Thanks
giving. wasn't it' 1 A. No. »ir. it was
before Thanksgiving.
Q What time waj» it?—A. Last of
August.
y Was Mr. Holloway sick then?—
A. No. sir.
Q Was he at the factory that Satur-
V Yea. sir he left about 2
t'clock.
... .«of, the next time was after
Thanksgiving?—A. It was In Septem
ber
Q. 1 thought you *aid it was after
Thanksgiving?—A. September is af
ter Thanksgiving.
Q September is after Thanksgiv
ing?—A. Yes, sir. September is after
Thanksgiving
Shifts Calendar Again.
Q. In September after Thanksgiving
was Mr. Dariey and Mr. Sehlff there?
—A, Yea, I saw them, but not in Sep
tember, because that la before
Thanksgiving.
Q. Don't lota of people work there
every Saturday?—A. Yes.
y Was anybody working there the
time you watched?—A. I don’t remem
ber.
y. Didn’t Mr. Schift work there
Thanksgiving?—A. i don’t remember.
1 know' he wasn’t in there when Mr.
Frank told me he wanted me to w'ork.
Q. Do the metal room doors lock?—
A. I don’t know.
y. 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 pee anybody go
there?—A. Once in a while.
Q. Do you know where the 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. Hut you have never been there?
—A. No, 1 have never been in Mr.
Quinn's office.
Q, You don’t know much about the
left part of the building by Mr.
Quinn's office.? A. No. sir.
Q. Were you ever back where the
ladles' 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. 1 just sprinkled the floor
with disinfectant.
Q. Have you ever been in Mr.
Quinn’s office?—A. No, but I have
been up to. ft.
y. You have never been back there
by that long dark room on the left
hand side?—A. Yes.
Q. You just told trie you never had.
—A. No sir, you misunderstood ma.
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. Art 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-
foie?—A. You didn’t give* me time.
Q. When were you back there last?
— A. To get a piece of cloth for Mr.
Frank.
y. How many other times did you
go back there?—A. I don’t recall.
y. What were you doing there?—
A. Mr. Frank sent me there to move
some boxes the rats were eating.
y. Who else ever sent you back
there?—A. Mr. Schifr.
C’onley here called for a glass of
water and Mr. Kosser said “We will
rest a little while ”
y. How big a room is Mr. Frank’s
office?—A. 1 don’t know’, sir.
y. It has got two desks in it, hadn't
it?—A Yes, sir.
y. Who uses the other desk?—A
Mr. Herbert FchlfT.
y. When was Mr. Schifr on his va
cation. according to your recollection?
—A. About Christmas.
Q ^ ou don’t know w’hether he was
traveling for the pencil factory, or
wus on ids vacation, do you?—A. I
don't know, sir, he was away.
y How big is the outside offirs?—A.
I don’; know, sir.
y. What is in it?—A. A safe and a
desk.
y You don’t know whether the
door of thst safe when open covered
the door to the Inside office, do you?
tA. No. sir, I don’t.
Q. Can you see Mr. Frank's inside
office from the top of the steps?—
A. Yes. sir.
y. Can you sit In Mr. Frank's of
fice and we anyone puse up the steps?
—A. Yes. sir.
y 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 aoout the
steps from the second to the third
floor.
Shows Where They Talked.
y. When a person gets down to the
clock he can see them?—-A Ye®
y. Who ww Mr. Frank talk to you
that day on the fourth floor?—a 1
don’t know.
Q. Who was near you?—A. Miss
Willis.
y 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.
H< asked me what I was going to do
the next day. I toid Mm nothing
much and he said ho wanted me to
do a little work on the third floor.
y What time did ho tell you to
come? -A About K: 3*>.
y. What else did you do?—A. I
went on sweeping and left at 6:30.
Didn’t Draw Pay.
Q. Did you punch as you went out?
— A. Yes, I think so. I stopped there
and talked to Mr. Holloway about
the clock being wrong.
y. 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 g*‘t but 12.75 and that watchman
would get me, so I told Snowball to
get it for me.
Q. Where did ho give it to you?—
A. At a shoe shining parlor near
there,
y How much did you get?—A.
$3.75.
y. 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.
y. Did Mr. Frank make tip the pay
roll that week 9 —A. I don’t know, but
he always took out the money that
way.
y How do you know that?—A. I
don’t know, but that is what I have
always understood.
Q How much did you drink Fri
day?- A. I didn’t drink nothing.
Q. How many beer® did you drink?
—A. I disromember.
y. Do you know Mr. Harry Ssott?
—A. Yes, sir.
y. You told Mr. Scott you got down
about 9 o'clock that morning?—A.
Yes, sir.
y That wasn't so?—A. No, sir,
that wasn't so.
y. You also told him you had a lit
tle before 9 o'clock.-—A. Yes, sir.
“It Wasn’t All False.”
Q. What time did you have break
fast?—A. About 7 or 7:30 o'clocfl.
Q. You told Mr. Scott that you left
Peters street about 11 o’clock?—A.
I di8remernber.
y. Didn’t you swear you were there
till 11 o'clock?—A. if it’s there I swore
to It, I guess.
Q. You bought a pint of whisky on
Peters street, didn't you?—A. No, sir,
a half pint.
Q. Nearly everything you swore to
down there was false?—A. No, sir, it
wasn't all false.
y. You made statements there and
swore to three affidavits and they
were all false, weren’t they?—A. No,
sir, there was some truth in all of
them.
y. What was true?—A. If you will
read them to me I’ll tell you what
w’hh true and what was false.
At this point the spectators broke
into a laugh, and while Deputy Plen-
nie Minor rapped for order Jim Con
ley smiled broadly, showing all his
teeth.
Mr. Hooper interrupted.
“Your honor. 1 am surprised that my
friend should pursue such a line of
questioning, knowing that it is ille
gal.”
“I didn’t think you have the cheek
to make the objection,” said Mr. Ros
ser.
“He is trying to bring out part of
these affidavits without bringing out
the whole,” said Mr. Hooper. “As the
"egro suggests, let them bring out the
whole document. They asked for them
and we furnished them.”
Conley Unusual Witness.
“I know,” cried Rube Arnold, "hat
this witness who has been drilled and
coached and Anally canned is quite
familiar with those printed comments.
Our friends would like to have us
read them to him. Hut we are not go
ing to do it. What we are trying to
show is what he said to parties ad
mitting that it led up to the making
of the affidavit. This is an unusual
witness and we think we are entitled
to get at him in a way a little out of
the ordinary.”
Mr Hooper replied:
’Became Mr. Arnold gets up here
and shouts ’canned” does not change
the law. We demand these proceed
ings be legal. He can't bring ou$
parts of theao affidavits without
bringing out the whole.
Mr. Doreev then had a word.
”1 object to the language of Mr.
Arnold,” he said. “He charges the
‘canning* of this witness’ testimony
without proof. That statement Is
prejudiced and should be stricken.”
“My friend Dorsey has made one of
the usual smiling objections.” said Mr.
Arnold.
"Well, I am going to present an
argument whenever I want to. When
ever he objects I intend to make com
ment.”
Continue# Examination.
Judge Roan interrupted:
“What is the question asked the
witness?”
' I'll ask it.” said Mr. Rosser
He changed the form of his ques
tion and proceeded without interrup
tion.
y Yon were undertaking to tell
me your conversation with fccott ami
Black on May 18. —A. I don’t remem
ber what day it w as,
Q. How long did they talk to you?
—A. I don’t remember. I sent for
Mr Black to come down to my cell.
y That wasn't that day?—A. I
don’t recall.
y. The fir«t time you made any
statements about your movements,
hhott and Black were together?—A.
Y es.
y. Was that the time you sent for
Black. -A. I think so.
y. Will you swear that the time
you made this statement about your
movement was on that Saturday you
s*'.it for Biack?—A. No. 1 w on't aw ear
it. but I think so.
Bought Some Whiskey. j
Q. How long did they talk to you
before you gave them the statement?
— A. I don't know. ,
y. Didn't they have to work on you
a long time before you made any
statement?—A. Yes.
y. Didn’t they have to force from
you the fact that you could write
that time you made the affidavit?—
A. No, I wrote in the chiefs office
Sunday before that.
Q Didn’t you tell the detectives vou
bought a pint of whiskey?—A. *No,
onlv half pint.
Q. What did you pay for that?—A.
Forty-five cents
Q. How did you remember that?—A.
It wns what I always jaild for it.
y. Didn’t you tell the detectives—
Mr Hooper jumped to his feet wit hi
an objection.
"The State has no objection to ail
this evidence going before the Jury,
but we do insist that it be done in the
prescribed legal way. This is Intend
ed for nothing but Impeachment, and
the rode says the witness has the
right to be confronted with a written
statement. Let me ask my friend
Rosser what document he is reading
from.”
Rosser replied hotly:
"I do not intend to tell you or the
witness either.”
Judge Roan said: “I think you gen
tlemen can cross-question the wit
ness on any subject."
Rosser replied: “I am going after
him and I am going to Jump on him
with both feet.”
Then, turning to Mr. Hooper, con
tinued: “And I won’t enlighten him
sny, either. Your period of enlight
enment is oVcr."
Rosser then turned to the wltftess:
y. Did you tell Mr. Scott. that you
went to a saloon on Peters street Just
after 11 o'clock and got some whisky?
—A I didn’t tell him at 11 o’clock; I
told him I went to get a drink.
Q. You didn’t say after 11 o'clock?
—A. No.
U. When you were talking to Scott
and Black, didn’t you tell the truth?
—A. 1 told him some things and held
some things back.
y. Didn’t you tell him lies*—A. No.
I didn’t answer some of the questions
and they kept on writing.
Q. When they asked you if you were
telling the truth you didn’t answer?
—A. No, sir; I hung my head and
they kept on writing.
Q. You told them you went into
three saloons, didn't you, and got
some whiskey?—A. No sir, I said I
got whiskey at one saloon. It was
Mr. Early’s saloon.
Says He Played Dice,
y. Didn’t you tell them that you got
whiskey in the Butt saloon?-—A. No
sir, 1 didn’t say nothing about buying
any whiskey there. I told them about
going into this saloon and winning
90 cents playing dice, and then buy
ing some beer.
y. Didn’t you tell them that first
time about buying some wine?—A.
No sir, I will explain that.
Q. You needn’t tell us that. Didn’t
you say you went home from Peters
street?—A. No sir, I didn’t say that
exactly.
Q. Didn’t you tell them that you
went between 3:30 and 4 o’clock and
bought beer?—A. I didn’t go between
3:30 and 4. If I told them that,
it wasn’t so.
Q. Did you send a little girl out for
something after you got home?—A.
Yes, I sent her out for a pound of
sausage.
y. That was after 3 o’clock?—A. It
was after I bought the beer and had
come back.
y. Was that after 3 o’clock?—A. If
they have that on that paper I must
have said it, but I don’t remember
now'.
y. You don’t remember telling them
that?—A. No, sir.
y. What did you tell them about
the money you had?—A. 1 don’t re
member what I told them.
Q. Why can’t you remember that?
—A. I Just haven’t got it in my mind.
y. In your first statement you de
nied going to the factory at all?—
A. Yes.
Admits He Told Lie.
Q. You say now (hat it w'as an Un
truth?—A. Yes.
Q. Did you hang your head when
you told them that?—A. Yes.
y. Why do you hang your head?
Just to let he man who you were
talking wltn know you were telling
a lie?—A. Yes.
y. Which one of the detectives told
you to look him in the face?—A. No
body told hie to.
y. How do you do when you are
telling an untruth?—A. I don’t know
exactly. Sometimes when I am hold
ing back things 1 look down and play
with my hands.
Q. How did the detectives .reat you
when they Were talking with you?
One would cuss you and the other one
would tell you you were a good ne
gro?—A. No sir, they have never
cussed me.
Q. Didn’t they accuse you of things?
—A. No sir, only tney said they want
ed me to tell the truth. They just
kept telling me that.
Says He Didn't Curse Him.
Q Didn’t Black wiy you were a
good negro, and Scott curse you out
and say you were a rascal?—A. No,
sir. They sat there and talked mur
der >ometimes, and then they would
whisper to each other
Q. You don’t mean you sat up and
spieled away for three or four hours
at a time?—A. No, sir.
Q. Well, what did they do to you?—
They were just trying to get me to
tell all of the truth at one time.
Q. Didn't they put another negro
in the same cell with you and try to
get you to tell everything?—A. They
put another negro In my cell for a
day and a night.
Q. You told him the detectives were
mad with you. didn’t you?—A. No,
sir.
y. What did you say to him?—A.
I didn’t discus the case with him. He
was crying all the time.
y. Now this second statement you
made. You sent for Black and told
him you wanted to tell the truth,
didn’t you?—A. No, sir; I will ex
plain.
Allowed to Explain.
Q. I don’t want you to explain; an
swer my question.
“He has a right to explain,” said
Dorsey.
“He can," said Judge Roan.
A. I said sitting down there feeling
bad because I couldn't get out.
"He has no right to go into that,”
said Rosser.
The negro turned to the jury and
began a round about explanation.
"Here," said Judge Roan, "answer
the question."
A. I told Mr Black I wanted to tell
him a part of the truth.
Q. You told Black you didn’t Intend
to tell all of the truth?—A. Yes, sir,
them very words.
Q. Let's see, what you dM tel! him.
(Ross* r referred to his notes.)
“I Got a Poor Memory.”
“You have got it?” asked Dorsey.
“Yes, and we will show it,” replied
Rosser.
“Do it. and don’t talk about it,” re
turned Doisey.
'1 don’t blame you for snickering,”
said Rosser. "The mar. who got all
this stuff ought to snicker, too.”
y. DRln’t you tell the detective you
couldn t write?—A. I told him I could
write a little.
Q. What else did you tell him?—A.
I disremember.
Q. Is that the little truth you were
going to tell them?—A. I told th«*n
some more, but I disremember
Q What is the matter with your
memory, Jim?—A. I got a poor mem
ory.
Q. You can remember a few things,
but you can’t remember most things?
—A. Some things I can remember and
some I can’t.
Q. You know what you wrote for
the detectives?—A. Yes sir.
Q. I thought you said this morning
you didn’t remember?—A. You reai-
ing that thing there Just reminded
me.
Q. What was it?—A. That long tall
black negro did it by hisself.
Q. What did you write on the other
note? A. Yes sir, that’s w'hat I wrote.
Q. And you said this morning you
didn’t remember—A. Yes sir, I didn't
remember.
Dorsey Objects Again.
Q. And now you say you do?—A.
Yes sir, I remember Just what wrote
for the detectives.
Q. Did you tell Black in that sec
ond statement that you carried the
body downstairs?—A. I don't think
BO.
Q. Don’t you know that you told
Black you carried that body down
stairs?—A. Yes sir, I remember tell
ing him that.
Q. Don’t you know' you did?—A. No
sir I don’t know it, but I think I re
member it.
"Your honor,” Interrupted Dorsey,
“doesn't the court know what is go-
“I thank you,” asid Rosser, “you
are a smart man.”
Still He "Don’t Remember.”
Rosser then put the question again.
Q. In that affidavit when you sent
for Black you gave Frank clean s.vay,
did you?—A. Well, I don't know about
that. I disremember.
Q. Well, don’t you know that you
didn't say a w’ord about that little girl
at that time?—A. I thought I did.
Q. You think you told it at that
tihe?—A. Yes, 1 don’t know exactly
about that,
Q. Now, are you sure about that?
I want you to tell rfle whether you
are telling the truth about that now
or not. Just make your sign for tell
ing the truth, Jim, so I will know vou
are telling it. Now, didn’t you tell at
that time that you were going to tell
the truth about all things? About go
ing to the basement and all of that?
—A. I don’t remember.
Q. Now, Jim .where Is your mem
ory?—A. Tn my head, I suppose.
Q. Well, then, what W'ere you going
to tell them?—A. 1 was going to hold
the bes»t back.
Q. Oh, yes, you were not going to
tell everything?—A. Yes, sir.
At this point the Jury was sent from
the room and Mr. Arnold made a
motion that the negro Conley be
turned over to the sheriff and kept
from everyone. The prosecution
ing on before it? Here is Mr. Rosser agreed,
reading the exact text of these af- i ”\Ve want to stress the fact that
fldavlts. I want to ask the witness one be allowed to see him,” said
a question to show these statement? Dorsey,
were written.”
“I object,” said Rosser.
“The defense served us with a
deces tecum to have these affidavits
in court,” continued Dorsey. “It :s
illegal for them to impeach this wit
ness by extracts from these affida
vits without introducing the whole
affidavits.”
"This witness has sworn,” replied
Judge Roan, “that he can’t write. I
ruled that they can ask him any ques
tions about what he said, so long as
the affidavits are not introduced as
affida vits.”
"Let me cite you an authority,” said
Dorsey.
The Solicitor started to read, but
Judge Roan looked away. Solicitor
Dorsey slammed the book closed and
sat down.
“That is right," said Rosser, rising
to resume his questioning.
“The Judge is making the rulings,
and not you,” said Hooper.
iou have had him all the time, ’
said Rosser, "but we agree.”
Conley's Attorney Speaks.
William M. Smith, attorney for the
negro, then made a statement to the
court:
“This negro is going through a se
vere ordeal,” Smith said.
“We object to that,” said Arnold.
“This man has no connection with
this case.”
“This man is my client, and I just
want to say that he should have a lit
tle extra than the prison fare to re
vive him. Don’t the Sheriff allow
Frank better than the regular prison
fare ?”
"Send It down and he wMll get It,”
interrupted Rosser.
“All right,” replied Smith, "T will
send it down. I also think he should
have a special guard at the jail.”
Dorsey and Hooper both smiled.
Court then adjourned until 9 o'clock
Tuesday morning.
Dramatic Moment of Trial
Comes as Negro Takes Stand
L. O. Grice, a stenographer In 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 w'hen he bought
an “extra” stating that a murder had
been committed at the National Pen
cil Factory. He said he stopped Dy
.he pencil factory and saw eight
men on the inside of the building.
"Did any of these men attract your
particular attention?” asked 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 1 was attracted by
the nervous actions of .a small darn
man. I v did not know him.
Q. Is jhis 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 were you served to ap
pear as a witness?—A. Last Satur
day.
Q. How did you come to be called?
—A. I told my friends 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. YM,
Q. Did you show your excitement?
—A. I might have.
Q. You don’t recall whether 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 busemert?—A. About
ten feet toward the rear from the
body,
Q. Is this it?—Yes.
Rosser crosB-examined the withes;?.
y. The haindkerchief was about ten
f*et beyond ner 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
aga in.
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 wai 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 trfe 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 was 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 dLsclose the
formula of your fluids, but I w’ant to
know if there is formaldehyde in it?
—A. Yes. I will state that there 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 I hope
that Mr. Rosser wili not try to force
him to do so.
“Mr. Rosser tried to bring out from
Dr. Hurt that the lungs were nol
oongested. I want to show that for
maldehyde cleaned them out.”
Didn’t Point Out Soar.
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
Brack, 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
Phaga.n’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.
State 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 it,
there was a strong possibility that the
prosecution would 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 a
temporary unconsciousness.
In the midst of his startling testi
mony, which was the first evidence
brought out by the State that was
not already known by the public, he
collafrsed. 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 \s prob
lematical w'hether the physician wili
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-
BY SPIRIT
Confederate Veteran Flees Ala-1 Five Already Under Arrest Afte»
bama Prison in Answer to
Message From Wife.
was killed in
__ w Perce, whose son is said to have killet
urday forenoon and in the afternoon j Sar & e
until 8 o’clock, are expected to be j
ANNISTON, Aug. 4.—With tears
dripping down his ceeks and losing
themselves in his flowing beard, W.
K. Kennedy, the Confederate veteTan
and feudist, believed to have been
drowned In the Coosa river while
working as a trusty at the Wetumpka
penitentiary, stood by the bars in his
cell in the Calhoun County prison
Monday morning and told how he had
been led by a spirit to leave the prison
and answer the telepathic call of his
wife and baby.
“My wife wrote me that she wa3
sick, and I asked them to let me go
hoem a dnsee her just once,” the old
man said, “but they wouldn't do it.
Then something told me I would
never see them again unles I went
at dnee. It was just like a spirit
talking to me. I tried not to go be
cause they had treated me mighty
nice there, but it Just seemed that I
must go.”
Arrested Holding Child.
Kennedy is 78 years old. He was
arrested at his home near Peekshill
Sunday with his baby on his knee
and his young wife by his side.
“I feel that I am not long for this
world,” he said, “and I weas ready to
die ten minutes after I got home and
held my loved one in my arms for a
moment.”
Shelt Kennedy, the old man’s son.
feud by Dr. John E.
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 when 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 is
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 tas 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 Ara Reported.
There was another conference be
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 ^>e re
garded as merely confirmatory of that
previously given by his detectives and
the police.
The defense has been wafting w*lth
some degree of eagerness the placing
of Lanford on the stand. Attorney
Rosser has been saving a mass of in
terviews that the chief grave out
w’hich, he says, Indicates that Lan
ford started on the case with the
firm theory that Frank was 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 of
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.
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 abo 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 Mrs.
Fomby takes the stand there will be
some highly interestix g testimony.
The twelve jurors spent most 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 were 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 of
Frank visited him at the Jail 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.
sotv The two Pearces. John Eaton.
John Fowler and old man Kennedy
were convicted as accomplices in a
conspiracy for which Ada Kennedy,
his daughter, remains to be tried.
Baby Feature of Trial.
The baby boy of the old veteran has
been a conspicuous figure in the trial.
For some time after the *arrest he
remained In te cell with his father,
but was stolen by the mother one
day as the prison were being taken
to the courthouse.
Kennedy will be taken back to
Wetumpka and Inspector L. F. Greer
says he will henceforth be kept be
hind prison walls.
John V. Smith Dies
In Montgomery Home
MONTGOMERY, Aur. 4.—John V.
Smith, City Attorney of Montgomery,
former president of the Alabama
Railroad Commission and member of
the last Legislature, died to-day at
a loral infirmary after a ten days'
illness of typhoid fever.
Mr. Smith came to Montgomery
from Russell County, where he was
prominent in politics. At one time
he was Solicitor of the Circuit Court
in that district.
Lake Lowered to
Find Bather’s Body
BIRMINGHAM, Aug. 4.—The body
of Clyde Lambert, who Was drowned
yesterday while swimming at West-
lake, a summer resort twelve miles
belt w this city, was recovered to-day
after the lake had been lowered two
feel Fifty men assisted in the search
forthe body.
Lambert was 21 years old and
president of a local toilet supply com
pany. He resided in Birmingham with
his grandmother.
Jelks Urged to Run
For Governor Again
EUFAULA, Aug. 4.—A delegation
waited upon former Governor W. D.
Jelks, of this city, to-day, urging him
to enter the race for Governor against
the present field of five candidates.
Many previous delegations have pre
sented like petitions.
"I have had no intention of running
for Governor," he stated to-day. This
leves open, however, the possibility of
his candidacy for the United States
Senate, which is being mentioned fre
quently.
Investigation of the Recent
City Election.
PENSACOLA. Aug. 4.—County So.
Heitor S. M. Loftin, who has been
conducting an investigation of
charges of fraud in the recent city
election to-day filed information
against fourteen persons and war-*
rants were issued for them.
Among those already arrested ;a
Frank R. Pou, Commissioner of Fir<*
and Police, charged with conspiracy
to falsify the registration book.-\
Bond was fixed at $1,000, which ha
gave.
Frank Maura, registration officer,
and W. G. Kennedy, deputy registra
tion officer, also arrested on lik*
charges. Maura made bond, but
Kennedy has not. James B. Kelly ar
rested, is charged with illegal voting.
George Andrews, arrested, is charged
with conspiracy to falsify the regis
tration books.
It is said that among those yet
be arrested are some of the most
prominent citizens of Pensacola. The
Solicitor will not give their names un„
til arrests are made.
Youth Making Coffee
Sets Launch on Fire
TAMPA, Aug. 4.—William Bonney,
of Conrteaut, Ohio, who has been liv
ing at St. Petersburg, came near
burning to death when the launch
Mary B. Franklin was destroyed by
fire off Fort Dade, 35 miles from here.
Bonney, who is 70 years of age,
was on the yacht with a 16-year-old
boy. When the boy attempted to
boil some coffee the gasoline stove
set fire to the launch. The old man,
who was asleep, was rescued with
difficulty. Captain Barry and a com
panion were fishing two miles away.
The launch was worth $12,000.
Eloper Slays Father
Of Bride in Pursuit
HUNTSVILLE, Aug. 4.—Peter
Henson was fatally shot to-day by
John Hawke.* at Bellemina.
Hawkes ran away with Henson’s
15-year-old daughter. Henson fol
lowed the pair to Bellemina. The
couple had taken refugei n a barn
and when Henson started in he was.
sh-ot through the jaw. He died a
few hours later. Hawkes is 17 years
old.
Alabama ‘Drys’ Fight
For State-wide Law
GADSDEN, Aug. 4.—That the A ia -
bama Anti-Saloon League is prepar
ing to make a fight for the retention
of present prohibition laws and th<*
return to State-wide prohibition was
the statement made by Brooks Law
rence, auperintenden. of tne League
in Alabama, during tin address de
livered here. He said the liquor peoa
pie have forced the issue.
The State Is to bo plastered with
prohibition litrature ai d a campaign
of speech making started.
MERIDIAN ESCAPES BLUE LAWS
MERIDIAN. MISS.. Aug. 4.-Citi-
zens of Meridian to-day con
gratulated themselves that ther e was
no "blue law" enforced Sunday to
prevent them from buying newspa
pers. cigars, soda water, ice cream,
etc.
Tampa Sewer Plans
Call for $500,000
TAMPA, Aug. 4.—One hundred and
five blueprints representing the ad
vance work on Tampa's new Imhoff
sewage eystem, which it is expected
will cost about $500,000, were turned
over to-day by Engineer Alex Twora-
bley, and nothing now remains but
the leterlng of the contract.
Tampa will have one of the best
sewage disposal systems in the
South.
Turn New Schools
Over to University
GAINESVILLE, Aug. 4. — The
board of control of the University of
Florida, located here, to-day received
from the contractors the new three-
story Peabody Teachers’ College
Building and the new language hall.
The State Normal Instruction
School for Teachers is now in session
at the university with a larg» attend
ance from every section of the State.
“GREEN BOOK” UNDER BAN.
BIRMINGHAM, Aug. 4.—A decision
to-day by Judge Grubb, In tho Unit
ed States District Court in the anti
trust suit against the Southern
Wholesale Grocers' Association, calls
for elimination of the famous "green
book” In which the names of jobbers
and wholesale dealers belonging to
the association are printed. j
Most
Men
Who
Make
Money
On limited capital are
those always on t h *
lookout for snaps of all
kinds. In this day and
age the WANT AD
pages is the only place
a complete list is ever
offered.
In Atlanta
It’s
The Georgian
Where
the Largest
List Is Found
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