Newspaper Page Text
i
THK A I LAMA l.hUKUiA^. AMI NhWB
CONLEY STEADFASTLY STICKS TO HIS MAIN ACCUSATIONS
Under Blistering Fire From the Defense He Admits Changing His Story
Continued From Page 1.
statement, or was it your second?—
A T think it w’as the third.
Q Didn't you say a while ago that
you made a second statement on May
J8? Now you say it was the third.
Which was right?—A I think it was
the third, but I am not sure.
Q Why did you change the time
you told them you wrote the notes?—
A 1 thought they might think some
thing w rong if I stuck to the first.
Q. You liked headquarters, didn't
you ?—A. Yes
Q. You volunteered to go down
there, didn’t you? A. Yes.
Dorsey: "I object to that. The
papers would be he bes evidence.”
Attorneys in Clash.
Judge Roan said:
"He can show where he had been.”
Dorsey objected to what he termed
"secondary evidence.”
Rosser declared:
"I am going to show the whole
thing—that he was released and ar
rested—one of the biggest farces In
Atlanta, and I will introduce the pa
pers a he- proper time.”
Dorsey withdrew' his objection.
“Then 1 withdraw the statement
that I will put the papers in evi
dence.” said Rosser.
Dorsey then renewed his objection.
Judge Roan repeated that Rosser
could show where Conley had been.
Solicitor Dorsey deliberately laugh
ed at the Judge’s ruling and took his
seat.
Questioned About Breakfast.
Q. You told the detectives you stew
the cloc < on the negro university and
told the time by that.—A. I told them
I saw- the clock.
Q. Didn’t you tell them it was 9
o’clock?—A. 1 don’t recall.
Q. What did you have for break
fast?—A Some llvqj* and tea.
Q. What time did you get up that
morning, not what time you tofd the
detectives? -A. About 6 o’clock.
Q. What else did you have for
breakfast?—A. I think that was all I
told you a while ago.
Q. Didn’t you have some sausage?
—A There was some on the table.
I don’t know whether I ate any or
not.
Q. Don’t you know a nigger never
had sausage on the table without
«atlng it?- A. I reckon so.
Told Them of Saloons.
Q Well, you told them you went
to Peters street, didn’t you?—A. Yes.
Q. Why didn’t you tell me that a
while ago? A Well. I told you if
you would read it to me I’d tell you
whether it was righ^ or not.
Q If I'll repeat the story you’ve
learned you will know whether it’s
right or not.—A. Yes, sir; I’ll know'
whether it’s what I said or not.
Q. Did you tell them anything about
Peters street?- A. Yes. sir.
Q. This time?—A. I don’t know
whether it was that time or not.
Q. You didn't tell them this the
first time on May 18 w’hat saloons
you went to on Peters street, did you?
A. I don’t know when I told them, but
I told them.
Q. Did you tell them about buying
some whisky?—A. Yes. sir; I bought
some whisky, but I don’t know when
I told them
Q. What time did you say you
bought the whisky?—A. Aboqt 11
o’clock.
Q And that wasn’t the truth?—A.
No. sir.
Why He Changed Time.
Q. What time did you buy it?—A.
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About 8 o’clock
<4. Have you changed your time
because you wanted to be at the fac
tory the ame time Mr. Frank was?—
A. I was there at the same time Mr.
Frank was.
Q. What did you change your state
ment for?—A. Well, I don’t wunt to
put myself at the factory twice.
There wasn't nothing doing there%and
I didn't want to put myself there.
Q. Jim, is that all the reason you
got—you didn't want to put yourself
at the factory when there wasn’t
nothing doing?—A. Yes, sir.
Q. Jim, all these lies I won’t call
them lies, I'll call them stories -did
you notice them before you went to
jail or afterwards?- A I disremem-
ber.
Q. Then you don’t know whether
you told those things before you went
to Jail or not?—A. Yes, sir; I think it
was nft< r I went to Jail.
Q. Well, you made all these elabo
rate (Manges after you got out of
Jail and was taken to police station?
A. Yes, sir; I guess I did.
Knew He Had to Correct Lies.
Q. Jim. to whom did you make the
first change in your confession?—A. 1
disremember.
Q. What? You told all those lies,
and don’t remember when you told
them or to whom? A. No, sir; I
don’t remember. I knew when I told
a lie I knew it wouldn’t fit and I’d
have to change it, so I didn't remem
ber much about it.
Q. Jim, you had already give your-
sel # uway, why didn’t you tell all
the truth?
"Your honor, I object,” said Mr.
Dorsey. "Let him examine this wit
ness, but he can't comment and dis
pute with him.”
"Does this court mean that I can’t
refresh his memory about an answer
he has Just made?” asked Rosser..
“There should be a wide latitude In
the examination of this witness and I
don’t object to it.” said Mr. Dorsey.
"You can keep him here until Satur
day night, if you want. I won’t ob
ject."
Defense Loses Ruling-
"Your attitude doesn’t count in
that,” satd Mr. Rosser.
“I rule that you can not dispute
with the witness,” said Judge Roan.
Q. Jim. the firs*t time you told about
Mr. Frank and the little girl you told
them you were {jolng to tell the truth,
didn’t you?—A. Yes, sir.
Q. Didn’t you say that the first time
that you got down to the factory it
was 10 or 10:30? You told them the
Inst time, too, didn't you?—A. I told
Mr. Scott and Mr. Black.
Q. When did you get that wine?—
A. I got that at Mr. Early’s.
Q. Who waited on you?—A. Mr.
Early.
Q. How did you get It. though you
said vou didn’t buy any?—A. I told
Mr. Early to put some wine In my
beer—that’s what I told you.
Q When did you get It?—A. Satur
day.
Didn’t Say He Bought It.
Q. Now, Jim. why didn't you tell
ttye truth at first?—A. I did tell the
truth. I corrected that.
Q. Why did you tell them 11 o’clock?
—A. I never told them 11 o’clock.
Q. How much beer did you tell them
you drank before you went to the
factory?—A. I don’t know how much
I told them I drank five or six.
Q. You told them you bought six
beers, didn’t you?—A. No. sir.
Q You told them you bought some
wine?—A. I never told them I bought
any wine. I told them something
about having some wine.
Q. Didn't you tell me that yester
day?—A No. 8lf.
Q. You are sure about that?—A.
Yes.
Q. Now you have a bad memory,
haven’t you”—A. It s better now than
it was yesterday.
Both Frank and his wife smiled at
this answer.
Telling "Natural Truth."
Q. Now your memory is improving;
are you sure you are telling the truth?
—A. Yes sir; I am telling the natural
truth. I am looking right at you.
Q But your memory is bad? That
is, it was bad yesterday, but it’s good
to-day? What kind of a memory ! s
that?—A. I don’t know, sir.
Q. Didn’t you tell them that you
went to the Capital City Laundry?—
A 1 told Mr. Frank I was going there.
Q But didn’t you tell the detec
tives that? Didn’t you toll them that
after drinking the whisky that you
met Mr. Frank at the corner of For
syth and Nelson streets?—A. I must
have said that if they have It down
there.
Q. But I really want to know if you
told them that?—A. I don't know'.
Q. Now. look here. What’s the mat
te’- with your memory, Jim? Didn’t
you tell them that you went straight
from Pe^rs street and met Mr. Frank
)—
FIGHTING FACES OF MEN BATTLING FOR FRANK
LUTHER Z. ROSSER.
REUBEN ARNOLD.
heard him?—A. I don\ know that she
heard him.
Q. Well, what time was that?—A.
About 2 o’clock.
Q. How do you know?—A. It 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 facotry at the sarre
time—you met at the door?—A Yes,
sir, he got there Just a little before
the first time that morning at Nelson
and Forsyth streets?—A. I told them
I met him there.
Q. But before you went to the fac
tory?—I told him I met him there.
Insists He Is Telling Truth.
Q. But you told them you met him
there after you went to the factory—
that you were at the factory but one
time that day?—A. I told them I was
at the factory. *
Q. The first time you talked to the
detectives, you told them that you met
Mr. Frank at Nelson and Forsyth
streets, and that you had already been
to the factory—that you went to the
factory but one time that day.—A. 1
went straight from Peters street to
the factory. ^
Q Look here, Jim; I want to know
the truth about this.—A. I is telling
the truth.
Q You said you only went to the
factory once, and met Mr. Frank after
you left?—A. I disremember what 1
said.
Q. What officer did you tell that to?
—A. I can't recall.
Q. Was that before or after you got
out of Jail?—A. I don’t know; 1 think
it was before.
Repeats What Frank Said.
Q. You told him you met him at
Nelson and Forsyth streets?—A. 1
don’t know.
Q. What did he say to you?—A. He
said. “Ha. ha, you are here, are you?”
Q. Why didn’t you tell the officers”
—A. 1 disremember.
Q. Didn’t you tell those officers that
you told him you were going to see
your mother when you met him at
Nelson and Forsyth streets?—A. 1
don’t remember what I told them
about that.
Q. Didn't you tell the officers that
he was at Montag's about twenty
minutes?—A. Yes.
Q. How do you know?—A. It seem
ed that long to me.
Q. Don’t you know you stayed
there about an hour?—A. No.
q You haven’t any idea?—A. No; I
can only guess.
Q. Why didn't you tell that yester
day?—A. You didn't ask me.
Refreshes Rosser’s Memory.
Q. You said yesterday Mr. Frank
didn’t say anything to you from the
time you left Nelson and Forsyth
streets until you got Into the factory?
—A. I told you yesterday Mr. Frank
said something to me as we were
passing Mr. Alverson’s store.
Q. Didn’t. you tell the detectives
that?—A. No. sir.
Q. You didn’t say anything about it
-A. I
until you had got out of Jail
don’t think I did.
Q. What time did you get out of
Jail?—A. I disremember.
Q. Why didn’t you tell the detec
tives about bumping into somebody?
—A. I did tell them.
Q. DR1 they write it down?—A. I
don’t know*, sir.
Q. Why didn’t you tell th# police
about Mr. Frank wanting you to
watch for him?—A. I did.
Q. Where?—A. I disremember.
Q. You disremember a whole lot,
don’t you? Why didn’t you tell the
police about Mr. Frank stamping his
feet?—A. I did.
Parries With Rosser.
Q. Who did you tell?—A. I told Mr.
Black. Mr. Starnes, Mr. Scott and Mr.
Campbell.
Q. You told those people every
thing?—A. Sometimes they were not
all there.
Q. When?—A. I disremember.
Q. You told the detectives Miss
Mattie Smith was the first one you
saw go into the factory after you
got back from Montag’s.—A. If it Is
down there. I said it.
Q. I am not talking about what is
down here. Who did you see go in
there first?—A. I think it was Mr.
Darley.
Q. Did you say yesterday Mr. Dar
ley was the first one to go in after
you got back from Montag’s?—A. No,
sir. I didn’t say that.
Q, And you didn’t see Miss Smith?
—A. No, sir. not then.
Q. Oh, you saw her. then, before
you w'ent to Montag’s?—A. Yes, sir.
Q. Then you lied to the detectives?
—A. If I told them Miss Smith was
the first one I saw go up after I got
back from Mon trig’s.
Q. What time did Mr. Darley leave
the factory? You said about 10
o’clock?—A, No, sir, I said it was later
than that.
Stayed at Factory an Hour.
Q. What time was it?—A. About 11
o’clock. Some time after we got back
from Montag’s.
Q. What time did Miss Mattie
Smith leave?—A. I don’t know ex
actly.
Q. About what time?—A. Well,
about 9 o’clock. I guess.
Q. Then you stayed at the factory
an hour?—A. Yes, sir, I guess I did.
Q. Did Mr. Holloway come down
before or after you came in from
Montag's?—A. He came down after
we got back.
Q. Could he have seen you?—A. *
Yes, if he had looked.
Q. How could he see you?—A. I had
my feet stuck out.
Q. What time did Mr. Hollow r ay
leave?—A. I can’t tell.
Q. How long after Mr. Darley left
did Mr. Holloway leave?—A. I can’t
tell.
Q. Give your best estimate?—A.
About 15 minutes.
Can’t Recall Whet He Said.
Q. After Mr. Holloway left, who
was the next person you saw come
in? Who did you tell the police?—
A. I think Quinn came in.
Q. Did you tell the police that?—
A. I can’t recall. ,
Q. Did you tell them a lady in green
came up after Mr. Holloway?—A. I
don’t know'.
Q. You didn’t tell them?—A. I might
have.
Q. Was that right or a lie?—A. It
wasn’t true.
Q. When did you explain it to the
police?—A. After I left the Jail.
Q. When did you say Quinn went
in?—A. I think I told them he was the
last one.
Q. Didn’t you tell the officers you
saw Mr. Holloway come in and right
after him a lady in green?—A. Yes.
I think so.
Q. Why did you tell that?—A. I
must have been mistaken.
Q. Did you tell the officers she re
mained there five or six minutes?—
A. I might have, but I was mistaken.
Q. How many mistakes djd you
make?—A. I don’t know.
Q. Who did you correct them with?
A. I don’t know. I don’t think they
asked me about it.
Q. After the lady in green cam~
down, how long was it before any
body else came up?—A. I can’t think.
Q. Ail the people you told the offi
cers you sawr go up were Darley, :fat-
tie Smith, Holloway and the woman
in green?—A. Yes, I reckon so.
Q. You told them that four people
were there. \
Wasn't there four witnesses against
you—couldn’t they connect you with
the crime?
"I object to that question, your
Honor,” interrupted Solicitor Dorsey.
“It is a question for argument."
Rosser: “Can't I show that people
saw him or didn’t see him, to show-
some object in his being there.”
Judge Roan: “I think so.”
Dorsey: “Do I understand Your
Honor rules that question Is admis
sible?"
Judge Roan: ^“Ask your question,
Mr. Rosser."
Dorsey sat down smiling.
During Mr. ‘ Rosser's questioning a
number 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 w-hich 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. W’hen 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 w r ant 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 tyou
didn’t see them?—A. Yes, sir; I had to
correct them.
Q. To whom did you 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. But didn’t you say 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 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 don’t know,
Q. Were Detectives Black and
Scott there?—A. I don’t know. There
were two men there.
Q. You donT know when you told
Mr. Dorsey that?—A. I forget.
Q. Now, Jim, you can’t tell me any
thing about these additions you made
to these statements?—A. No.
Knew It Was Before 2 o’Clock.
Q. Well, you saw Mr. Dorsey six
or seven times?—A. .Yes.
Q. Now you say that when Mr.
Frank spoke to you Miss Willis
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 tt
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 * 11
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 I 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 say 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, Jim, didn’t you say 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 w-ant
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 tefriimony. In a matter of
cross-examination like this w r hen a
witness is questioned rapidly it is
neither fair to him nor right in the
eyes of common .fairness 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 left to him to either
qualify, affirm or deny.”
Rosser replied: “Your honor, we
are 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
Continued on Page 3, Column 1.
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