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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 <1 4 t i 4