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i THK ATLANTA UKOK(rIAN' AND NEWS CONLEY STEADFASTLY STICKS TO HIS MAIN ACCUSATIONS'* Under Blistering Fire From the Defense He Admits Changing His Story N ANSWERS, MEMORY IS Dl INK TH MANY M fR tq truth. I am looking right at you. Q. Hut your memory if* bad? That is. It was bad yesterday, but it’* 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 1 was going there. Q. But didn’t you tell the detec tives that? Didn’t you tell 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. L I LU Continued From Page 1. the notes on Friday, didn’t you?—A. Yes, 1 told them I wrote them on Friday. Q. Then they told you the notes wouldn’t fit?—A. No. sir, they didn't tell me that. Q. They didn't teU you the notes didn't fit In with the other part of the story?—A. No. sir. Q You remember a lot of other things, but you don’t remember that 0 —A. No, air, I don’t remember that. Q. Didn’t Mr. Black and Mr. Scott tell you that your statement about writing the notes on Friday was all rot, and you’d have to change it to make your story true?—A. No, sir, they didn't tell me anything like that. Q They tried their best to get you to change your statement on May 27. and you wouldn't do it, would you, Jim ? —A, They questioned me. hut they didn’t try to make me change my statement. Fails to Remember. Q. They didn’t question you at all —-A. They asked me if that was all, and I said yes. Q. That was on May 27. wasn’t It?— A. I dlsremember. Q. But It was after you had made your second statement?—A. I don'* know Q. Well, didn't Lanford and his de tectives stay with you a whole day and stick closer than a brother'* A No. sir. They talked to me a long while hut they never stuck by m«- all day. Q. But they told you your statement didn’t sound right?—A No. sir. they never told me that. Q. What did they talk to you about for four "hours a day?—A They talk cd to me about a whole lot, about different things. Q. What did they talk about?-A They asked me If I knew Mr. Frank Asked All About Frank. Q. Don’t you remember anything else?—a They asked mo all about Mr. Frank. Q. Did Mr. Black talk *o you?—A Yes, sir, he talked to me a whole lot. Q. On May 28 you made a third statement, or was it your second?— A. I think it was the third. Q. Didn’t you say a while ago that, you made a second statement on May' 28? Now you say it was the third Which was right?—A. I think it was the third, but 1 am not sure. Q. Why did you change the time you told them you wrote the notes?— A. I thought they might think some thing wrong if 1 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 evidenoe Attorneys in Clash. Judge Roan said: “He can show’ where he had been." Dorsey objected to w'hat 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 1 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 repealed 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 saw the clock on the negro university and told the time by that—A. I told them 1 saw the clock. Q. Didn’t you tell them it was 5* o’clock?—A. I don’t recall. Q What did you have for break fast?—A. Some liver and tea. q. What time did you get up that morning, not what time you told the detectives?—A. About 6 o’clock. Q. What else did you have for breakfast?—A. 1 think that was all 1 told you a w hile ago. Q. Didn’t you have some sausage? —A. There was some on the table. I don’t know whether 1 ate any or not. Q. Don’t you know a nigger never had sausage on the table without eating it?—A. I reckon so. Told Them of Saloons. Q. Well, you told them you went to Peters street, didn’f 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 right or not. Q. If I’ll repeat the story you’ve ^learned you will know whether its whether it’s what 1 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 what 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 toll 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. About 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. About 8 o’clock Q. Have you changed your time because you wanted to be at the fac tory the same 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 want 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, J'll call thorn stories—did you notice them before you W'enf to jail or afterwards?—A. I dlsremem 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 after i went to Jail. Q. Well, you made all these elabo rate changes after you got out of jail and was taken to police station? A. Yes, sir; l guess 1 did. Knew He Had to Correct Lies. Q. Jim, to whom did you make the first change in your confession?—A. I dlsremember. v Q Whut ? You told all those lies, and don’t remember when you told them or to whom?—A. No, sir; T don’t remember. 1 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 self away, why didn’t you tell all the truth? “Your honor. 1 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 he 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,” said Mr. Rosser. ”T rule that you can not dispute with the witness,” said Judge Roan. Q Jim the Mr* time you told about Mr. Frank and the little girl you told them you were going 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;80? You told them the last 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 ft. though you said you 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 the 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 thorn you drank before you went to the factory?—A. 1 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. 1 never told them I bought any wine 1 told them something about having some wine. Q. Didn't you tell me that yester day?—A. No, sir. 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 anti 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 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 ter with your memory, Jim? Didn’t you tell them that you went straight from Peters street and met Mr. Frank 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 1 met him there. Insists He Is Telling Truth. Q. But you told them you met him | there after you went to the factory— j 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 w'ant 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 dlsremember 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; I 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, hu, you are here, are you?” Q. Why didn’t you tell the officers? —A. 1 dlsremember. Q. Didn’t you tell those officers that you told him you were going to see your mother when you met him at Nelson find Forsyth streets?—A. I don’t remember what I told them about that. Q. Didn’t you tell the officers that he was at Mon tag’s about twenty minute.-:?—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; l 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 until you had got out of jail?—A. I don’t think 1 did. Q. What time did you get out of jail?—A. I dlsremember. Q. Why didn’t you tell the detec tives about bumping into somebody? —A. 1 did tell them. Q. Did they write it down’?'—A. 1 don’t know, sir. Q. Why didn’t you tell the police about Mr. Frank wanting you to watch for him?—A. I did. Q. Where?—A. I dlsremember. Q. You dlsremember 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. Block, 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 dlsremember. Q. You told the detectives Miss Mattie Smith was the first one you saw go into the factory after you got buck from Mon tag’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. 1 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 went to Montag’s?—A. Yes, sir. Q. Then j^ou 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 tag’s. Q. What time did Mr. Darlej; leave the factory? You said about 10 o’clock?—A, No, sir, I said it was later than that. Stayed a*t 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- Q About what time?—A. Well, I LOYAL WIFE OF DEFENDANT IN THE MARY PHAGAN SLAYING CASE 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 1 though^. Q. When did you correct your statement about whom you saw?—A. At the police station to Mr. Starnes and Mr. Campbell and Mr. Black and Mr. DorSey. Q. How many times did Mr. hor 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. 1 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. 1 didn’t want to tell it all at once. Q. You had a whole lot of other stories to take back and correct didn’t you?—A. No, sir; T didn’t have no other stories to take back. Admits He Corrected Story. Q. What about telling the police about buying whisky at 11 o’clock when you bought it at 8, and about seeing various people at times you didn’t see them? A. Yes, sir; I had to correct them. Q. To whom did you correct them? about 9 o’clock, 1 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. Holloway 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 What He Said. Q. After Mr. Hollowly left, w'ho was the next person you saw come in? Who did you tel! 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. Hollow'ay?—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 1 left the Jail. Q. When did you say Quinn went in?—A. I think 1 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, 1 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 came down, how long was it before any body else came up?—A. I can’t think. Q. All the people you told the offi cers you saw go up were Darley, Mat- 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.” Jurors Are Inattentive. Dorsey sat down smiling. During Mr. Rosser’s questioning a number of the members of the jury i were inattentive. It was obvious that j Mr. Rosser was postponing the cli- ] max of his cross-examination for some time ahead. More and more it was apparent that he was endeavoring to weary the negro down before making a real effort to impeach him. The strategy with which he pre served his own strength was undis guised. He kept his seat and asked most of his questions in an even. The wife of the accused continues to sit constantly by her husband’s side at the crucial sessions. Mrs. Leo Frank as she appears in the courtroom. 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 w'ent to a moving picture show? —A. No, sir. Q. But didn’t you say that tn an affidavit? Dorsey objected to the point of questioning and was sustained. Q. On the 28th of May, in the pres ence of Scott, Black and other detec tives in the city of Atlanta, Fulton County, Georgia, didn’t you make the statement that you had gone to a moving picture show?—A. I guess so, if it's down there. Fails to Remember. Q. Didn’t you tell the officers you went back to Peters street?—A. Yes. Q. How long did you stay there?— A. About ten or fifteen minutes. Q. How many beers did you take? —A. I don’t know. Q. Didn’t you supplement your statement of May 28 or May 29?—A. I don’t know. Q. Was that the truth?—A. All ex cept the time. Q. You didn't tell about moving the girl?—A. I don’t know'. Q. When was the first time you told about watching Mr. Frank?—A. I don’t know. Q. Was it before or after you left the jati?—A. I don’t know. Q. Were Detectives Black and Black there?—A I don’t know. There were tw r o men there. Q. You don’t know when you told Mr. Dorsey that?—A. I forget. Q. Now', Jim, you can’t tell me*any- thing about these additions you 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 Wiltfs heard him?—A. I.don’t know that she heard him. Q. Well, what time was that?—A. About 2 o’clock. Q. How do you know?—A. 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 frm Alabama street. Q. Well, this Saturday you and Mr Frank got to the facotry at the same time—you met at the door?—A. Yes, sir, he got there just a little before me. Q. Didn’t you go in together?—A. Yes, sir, he went in ahead. Q. Where did he go.—A. He went on upstairs. Q. What time w'as it you locked the door?—A. I don’t know. Q. Give your best estimate.—A. I don’t know. Q. Was it 1 o’clock?—A.I know it w’as earlier than that, because 1 heard the screaming and stamping before that. Q. You locked the door before he stamped?—A. When he stamped I locked fhe door. Left Door Unlocked. Q. When did you unlock it?—A. When he whistled. Q. Was that before he went up stairs?—A. Yes, sir. Q. The door was unlocked while you w'ere 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 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 w’hen I met him at the factory that I was a little early for w'hat he wanted me to do and said he he did not want me to let Mr. Darley know about it. Q. Now. Jim, didn’t you say that yesterday?—A. I dlsremember. Hooper Strenuously Objects. Q. Now. Jim. I want to know just what you said to me yesterday. You know that you didn’t say that. I want to know what you said next— Attorney Hooper interrupted with a strenuous objection. “We object to him questioning the w itness as to what he said next,” said Hooper. "Such questions can only be for the purpose of impeaching the witness. In the eyes of the law what he said yesterday is written tes timony. The stenographer took It down and the stenographer can read the notes to him. It is not fair to the witness, especially a witness who has been on the stand for a day to make him give the logical sequence to his testimony. In a matter of .TOSB--examination like this when a witness is questioned rapidly it is neither fair to him nod 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 bo 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 w'ant to test his memory of his parrot-like story of yesterday, and we have the right to test his mem ory.” Judge Rce^i overruled the objec tion. declaring that the defense had the right to test the witness’ memory by asking if he had said those things. Tells of Meeting Frank. Q. Jim, you told the officers first that you met Mr. Frank accidentally on Forsyth street.—A. I dlsremem ber. Q. You were at Nelson and Forsyth f‘ streets at 10:30?—A. Between 10 and 10:30. Q. You saw Mr. Frank going to Montag’s and how long he stayed? You don’t know you said about an hour?—A. Yes, sir, about that. Q. When you started back to the factory, then, it was about 11:30?—A. I guess so. Q. When Mr .Frank saw you what aid he say?—A. "Ha, ha, you are here, are you?” Q. How many times did—say it again.—A. Ha, ha—ha, ha— Q. That makes four times,—A. The W'ay I say it it seems like twice. Q. What else did he say?—A. He said: "Ha, ha, ha, ha, I see you are here, are you. I will see you as soon as I go to Sid Montag’s.” Q. He didn’t give you any new in structions? Just told you to wait?— A. That was all, I didn’t know what he wanted. Q. What was it he w'anted with you at Nelson street? Got no idea?— A. No, sir, I don’t know. Q. Just had you to go up there for no reason in the world? He told you he w'as going to move a body—to come and chat with him a while?—A. Yes. sir; he told me that, and then in a little while he told me again. Told to Shut Door. Q. He repeated it to you? You didn’t say anything about this yes terday. did you?—A. Yes, sir; I did. Q. What else did he say?—A. He said for me to shut the door and no body could get in unless they had a key. Q. You did not say anything about a key yesterday?—A. Yes, sir; if 1 didn’t, you cut me off. Q. Mr. Dorsey w'as questioning you. < He didn’t cut you off, did he?—A. If I didn’t tell him that, he cut me off. Q. Now', you got back to Montag Brothers. Who was the first person you saw go upstairs?—A. The first one was a lady in a green dress who worked upstairs. I don’t know her name. Q. Was that before you saw' Mr. Holloway and that peg-leg nigger drayman?—A. Yes. sir. Q. What time was it?—A. I don’t know, sir. Q. How long was It after you got back?—A. About 5 minutes. Q. How long did she stay?—A. I don’t know. Q. About how long?—A. I don’t know; a pretty good while. Q. How long after the woman went up did the peg-leg nigger come?—A. I don't know. sir. Q. How long did he stay?—A. He didn’t stay no time. Q. How long after that did Mr. Holloway come?—A. Not long. Q. Give me your best estimate?—A. I don’t know. Q. What else happened?—A. Mr. Darley com e down then; Mr. Hollo way come dowm and then the lady in green come down, and then Lemmie Quinn come down. Conley Isolated in Tower. Conley was brought to the court house Tuesday morning at 8:15 by Deputy Sheriff Haygood. He spent the night at the Tower in complete Isolation. He was allowed to see not even his own attorney, William M. Smith, by special agreement of de fense and State. It w r as the first time for months that the detectives and Smith had not been permitted to see him whenever they wished. Conley, by Smith’s arrangement, ate a hearty meal of steak and scram bled eggs Monday night. He was given a cold ahow’er bath before he retired and arose Tuesday morning to don a brand-new suit of underclothes which had been provided for him by his attorney. He ate another hearty meal and went to the courthouse well prepared to withstand the grueling examination that wras in store for him. Frank and Conley did not meet after they left the courtroom Tuesday night. Conley w r as taken to the third floor of the Tower, and Frank occu pied his cell on the second floor. Frank was brought to the courthouse Tuesday morning by Sheriff Mangum. Despite the testimony of Monday, Frank, his wife and his mother seem ed ynusually cheerful. They came into the courtroom before any of the lawyers and chatted and laughed quite naturally and unaffectedly for several minutes before court con vened. v YOUR NERVES NEED Hartford'* Acid Photphat* Especially recommended for physical and men tal exheuston. nervousness and insomnia. Adv. Fun oral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET.* CHOICE OF ROUTES AND GOOD SERVICE