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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. Resinol S( Don’t itch! use Resinol Just put a little of that soothing, antiseptic Resinol on the sores and the itching and burning stop right there. Soon all trace of eczema or other eruption is gone. Prescribed by doctors for 18 years. For liberal sample and booklets write Dept, 34-S, Resinol, Baltimore, ild. ^J>oldrbyever^druggist. 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. YOUR NERVES NEED Hartford’* A<*d Pho»phat# Especially rccomnwnded for physical and men tal exhauston. nervousness and Insomnia. Adv. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. 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