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) ' ">■ ; * / TTTE ATLANTA GEORGIAN ANT) NEWS. AFTER 15 1-2 HOURS ON STAND, CONLEY ENDS HIS TESTIMONY Grinning After Ordeal, He Lights Cigarette and Grabs a Newspaper DEFENSE GIVES UP FUTILE EFF Continued from Page 2. about seeing this negro Monday after the crime. Several spectators were put out of the courtroom for laughing at Mr. Rosser's admission of the error. Rosser—I will say it is the first time that you have been right. Your honor, we object. It is Immaterial what time this witness made known the fact unless they go further and show she was delayed through the in fluence of Frank. The objection was overruled. Lawyers Clash. Dorsey—Your honor. I have al- 1 ready shown that Leo Frank knew on Monday, April 28, that she saw this negro there, and that it was May 7 before the State got into pos session of this fact. Rosser—I say that no such evi dence has been introduced. Dorsey—Call for the record of Har ry Scott's evidence. Rosser I say he has not intro duced this evidence, and he saws he has. If your hoflor can not romem- b r some of the things that happen ht re we are perfectly helpless. Stenographer Parry was called. He said he was taking the testimony for Mr. Arnold and he wanted Mr. Ar nold’s consent before-reading it. Q When did you report it to any one else? Rosser objected. Dorsey—I want to show who it was who first reported to detectives of the State of Georgia. The objection was overruled. Q. When did you report it?—A. May 2 7. Rosser took the witness on cross- examination. Q. You never declined to tell any body?—A. No. Q. 1 want to refresh your memory. Didn’t you tell Wade Campbell you saw the negro when you went up?— A. No. Q Didn’t you tell Wade Campbell that when you came down you heard voice?—A. No; that was when I went )>P. Tjie witness was excused. Sheriff C. W. Mangum was then called to the stand. Dorsey questioned him. Q Were you at the Jail when dim Conley was brought there?—A. Yes. Q. Did you have any conversation with Frank about seeing Conley? Rosser—I object. Dorsey—We want To show that this white man wouldn’t see this ignorant negro, his accuser. Can I ask the question ? Judge Roan—Go ahead. Frank Didn’t Want to See Police. A. Chief Beavers, Chief Lanford. Harry Scott, Detective Black and Jim Conley came down and wanted to see Frank, j I asked Frank if he wanted to see Them, He said no; that his lawyer was not there and he had no body to defend him. Rosser took the witness on cross- examination. Q. Mr. Frank knew who was there, didn’t he?—A. Yes. Sheriff Mangum was excused, and Solicitor Dorsey called for Mrs. W. J. Coleman and George Epps. Neither answered. Dorsey—We have got two proposi tions, and there will be objections to them. They are Dalton and Epps. When we finish with them we only have one more witness—Dr. Harris. We can’t get him until 2 o’clock, and we would like to get that argument over. Judge Roan sent the Jury from the room and admonished the attorneys to give only the authorities and not to argue the points. Dorsey—First, we don’t want any evidence taken out that has already gone in. Second, we want to substan tiate what Jim Conley said. Third, we want to bring out what Mary Phngan told George Epps on her way to the factory that Saturday, about Frank making eyes at her, and that she was afraid of him. Attorney Arnold bega*n his argu ment of objection by reading author ities. He declared he would include all three propositions ?n one argu ment. DefeYito Compiles Authorities. During Mr. Arnold’s argument, Mr. Rosser climbed up in the witness chair !n which Jim Conley sat during the thirteen hours Mr. Rosser was firing questions at him. Arnold—Do we have to move to rule it out at the time it is presented? My friend, Mr. Leonard Haas, has compiled the authorities, and for this work he Is one of the most reliable men I know of. Arnold then asked the court’s per mission to remain seated while ad dressing ?t, as he was feeling hot and faint. He was allowed to do so. .Judge Roan spoke to Solicitor Dorsey and his associates “What do you say, gentlemen?” Dorsey It looks this way: If this evidence goes In on Conley’s testimo ny unsubstantiated, I can see how It might appear to the advantage of the defense. They can go out Ash ing and If they catch something, they don’t want to throw it back. They drew out the relation and association of Conley and Frank. Now they can’t diminish it; they slept over’ their rights. Mr Arnold, interrupting Mr Dor sey, read a few more authorities. "Not Character Evidence,” Says Dor sey. Judge Roan—Dorsey, how can you differentiate this evidence from < haracter evidence? The defense must bring bis character in. Dorsey—No, it is not character evi dence. 1 know I can't bring Ills char acter in. If I convict him, of course, I want to hold hiyv I am not afraid of the higher court reversing your honor. Roan interrupted—No, I am not either. 1 oon’t care anything about that. Roan then declared court adjourned until 2 o’clock, without any ruling on I he questions at bar having been made. Argument is Resumed. Court reconvened at 2 o’clock and with the jury still out, Solicitor Dor sey continued his argument on the admissablllty of the evidence that was stopped by adjournment at the noon recess. The Solicitor read first a Supreme Court decision in which the defense waived its right to object by not s> doing when the evidence was given. He cited a number of Georgia State cases. He declare that proof of an other »‘rime, if necessarily an inde pendent crime, was admissable pro vided it was intended to illustrate the state of the defendant’s mind at the time this crime was committed, and the fact that it was a crime did no; make It Inadmissible. therefore as ar original proposition he declared that it was admissable, "Shall we go on with the other ob jection." the Solicitor then asked Judge Roan. "tts,” answered Judge Roan. Dorsey Cites Example. Dorsey: "Wo object to any evi dence that is already in being ruled out because we expect to introduce other evidence to substantiate ; t. Now about the evidence of George Epps. Here is a case. (Dorsey here referred to an authority) in which a man was living with a woman as his wife. She left him and as heard to sav she was afraid. This oman was later murdered and this man was •*n rrinI for the crime. The man who heard the remark she made ..*•*..it . ring afraid was permitted to testify Now we want to show that when little Mary Phngan was on her way to the factory where she met her death, she expressed a fear of this defendant. It is a circumstance that points to this man's guilt." Attorney Hooper here took up the argument. "The court desires that we oe hrlef," he said, "and I promise to be brief I will confine myself to the laws of Georgia, for that. I under stand, is what controls this court and not decisions from Missouri or California. "The Supreme Court of Georgia has held several times that it would not r verse a lower court on a decision unless the objection was made at the the evidence was submitted. Dr H. F. Harris, secretary of the State Board of Health, who testified th.it Mary Phagan died within half an hour after eating cabbage, was re called by the State. Defense Witness Excused. At this moment. Attorney Rosser interrupted to state that one of the defense's witnesses wished to he ex cused on account of the death of a relative. This was VV. T. Holds, whose relative, J. L. Adair, of Dallas, On was killed by falling off a street car’on Marietta street. The witness was excused and promised to be back In court by Friday morning Dorsey then took up the examina tion of Dr. Harris. Q What branch in medicine is yours?' What special branch?—A. Diagnosis and chemistry. Q. Why did you sav Man’ Phagan came to her death from strangula- tlon?—A An examination showed that cause to have been thA only probable one for depth. Blow Inflicted During Life. Q. Was that blow on the head given before death?—-A. It had every evi dence of having been inflicted during life. Q. Was there any evidence on the windpipe or larynx of strangulation? —A. No. That is, very little. q. Are there usually traces in cases of this kind?—A No. Q. Did you see the windpipe?—A. Yes. Q. Did you see the lungs?—A. Yes. Q Did you notice anything about them?—A. No. They would not have shown anything on account of the em balming fluid. Dorsey turned to Mr. Amola: "Give nv* that baseball bat." The stick found near where the ne gro had been sitting on the first floor of the factory was given the Solicitor. y. Could this have produced that cut on the hack of the head?—A. »n my opinion it could not have. The cut was too sharp. Cabbage Question Again Arise*. y. Now coming to the stomach? A. I might preface my remarks by saying that some ten or fifteen years ago someone suggested to me that the idea of the Indigestibility of cabbage was because it usually was cooked with meats. I conducted some ex periments. I discovered with some healthy stomachs with bread and cabbage was practically the same as with bread and water." '1 object," said Attorney Rosser, "for him to state the results of his efforts as scientific facts.” "I was Just explaining," Dr. Har is interrupted "Now, Dr. Hands, let me talk Just a minute.’’ Rosser interrupted. Judge Roan said; "I rule that you can testify, If you are alone in the scientific world on that subject.” Harris said: ‘I can And no data on that subject and I made the in vestigation myself. 1 found that most Ideas about digesting cabbage were erroneous when taken with bread alone. Now, I have some ex its ” Rosser Has Real Stomach. Rosser interrupted again: "I ob ject to these experiments of his. They are not admissible," the attorney de clared "If I ate that cabbage, I would have it in my stomach to-morrow morning, and I have a stomach that will digest leather and nails and al most anything else.” Judge Roan ruled: "He can state that he gave cabbage to whom he thought was a normal man with cer tain results. Let him state only the science of the thing. That alone is admissible.’’ Tells of Remarkable Test. Judge Roan then told the witness to go ahead. Attorney Arnold was on his feet immediately “Your honor, If he means that he is going to show- ex periments on the same sort of stom ach as Mary Phagan’s," Arnold shouted, "that is different, but you know that it is not fair to compare the stomachs of grown men with lit tle girls. There are also differences in the manner of cooking.” Dr. Harris said: "I have made the conditions as near parallel as possi ble. I had Mary Phagan’s mother cook the cabbage and one of the per sons I experimented on was a girl about her agq. I know her stomach was normal.” "Arnold said: "There are no two stomachs in the world alike.” Harris continued:- "Some years ago I made experiments on twenty or thirty persons." Rosser said: "I object to what he did twenty or thirty years ago. and I object to his argumentative idea.” Judge Roan said: "The witness might not be argumentative.” Rosser’s Opinion of Scientist. Rosser said: "l insist that these examinations might be vitally differ ent. How can he tell the exact na ture of these things? How can he experiment except upon the same sub. I have doctors Harris.’ Ject and except upon the same stom ach ?” Judge Roan said: "But he is a scientist." Rosser said: "Oh, bosh! always thought that these were guessing.” Roan said: "Proceed, Dr. Dr. Harris continued: "Well, the digestion takes from 38 to 70 minutes In the cabbage found In Mary Phagan’s stomach. I found that even the most minute particles had not gone through the process of digestion. In fact, it was plainly no ticeable to the naked eye that there was practically no digestion. Even In an hour’s time there is digestion and it is well advanced. As a matter of greater importance ” Rosser said: "I object to ‘a matter of greater importance.’ ” Rosser overruled the objection. Dr. Harris launched Into a tech nical discussion as to the amount of cabbage in the stomach and intes tines. Rosser said: "I object to that, he is making an argument. It is noth ing more nor less than a stump speech." Judge Roan said: "He is giving his opinion. Continue, Dr. Harris.” Certain Death Came Soon. Harris said: "I want to stare that the amount of secretive Juice in this stomach was considerably less than would have collected in an hour. The hydrochloride acid had not been in long enough to become free. The amount of confined hydrochloric was 32 degrees. In a normal stomach, the amount would have been 55 or 60 de grees. It was Just about the amount one would have supposed to have col lected In half an hour or 35 to 40 minutes. I can say with absolute certainty that she was unconscious within 30 or 40 minutes after she ate the cabbage.” Dorsey then questioned the witness. Q Do you know- w’hether or not the failure to digest this cabbage was due to indigestion?—A. No sir, that stom ach was normal. The gastric juics were there. Q. What about the glands?—A. The glands were the principal part of the stomach—they were all there. Q. Was the digestion progressing favorably?—A. Yes. it was normal and stopped by whatever happened. Bread in Like State. Q. Was the examination micros scopic?—A. Yes. It was made with the best instrument possible to pro cure. Q. How about the stage of digestlmi of the bread? Did it show to the. same extefit?—A. Exactly the same. Q. Suppose that large piece of cab bage had have been ohew’ed up tint ? Would it have h*d any effect on the digestive process’. —A. Not the slight est. Arnold took the witness on the cross-examination. Q. When did you make this ex amination?—A. May 5. Q. Did Dorsey request you not to make result of your examination public?—A. Yes. Kept Promise of Secrecy. Q. Did you keep your promise in this respect?—A. Yes. Q. Did he ask you as Solicitor Gen eral or personally?—A. Ht: did not state. I did it because I liked him personally. Q. What part of the body did he ask you to examine?—A. None. He Just asked me to make an examina tion and find out all I could. Q. How did you know the girl died hv strangulation?—It was plainly discernible. Q. Externally?—A. Yes. The marks were on the throat. Q. Gould not the same marks be made if the rope w’as placed around the neck of a dying person?—A. Yes, the heart were still beating. Q. How long does it take for a person to die by strangulation?—A. There is no special time. Tolls of Strangu’ation Effects. Q. Isn’t it true that the time re quired for a person to strangle is from 20 to 30 minutes?—A. There are different times, all according to the circumstances. Q. Isn’t drowning strangulation?— A. One form. O. Isn't the effect just the same?— A. There are different effects on the body. Q. Rut strangulation is simply cut ting off oxygen from the lungs?—A. Yes. but there are different fornix in strangulation by choking; there are poisons which gain control. In drowning entirely different elements enter which produce an entirely dif ferent state of the body. Q. What is the average time it tak*>g a person to die froui strangulation?— A. I don’t know. Q. Haven’t statistics been compiled? —A. Well, it is practically impossible to tell when life leaves the body. I saw a man once who was pulled out of the water with his heart still beat ing, but he was not breathing and we failed to revive him. Q. He was alive, wasn’t he?—A. I don’t know’. Made Tests for Poisons. Q. You say you were going to ex amine for poison—what kind of poi son?—A. Alkaloids. Q. That’s vegetable poison? Why didn't you examine for poison like arsenic?—A. The undertaker had told me he used some of the metal poisons in embalming the body. Q. How did you know what he had M sed?—A. 1 sent for him and he told me. Q. Did he give you that valuable formula he was so secretive abodt here?—A. Yes. I guess he thought better of me. Q. How- far did you continue this examination?—A. When I failed ‘o find any alkaloids, I gave it up. Q. You tested for opium?—A. Yes Q. Opium has about twenty-three alkaloids?—A. Yes. Q. What test did ytou use?—A. The usual test—the color test. Q. How much did you find?—A. None. Q. How much of the contents of the stomach did you use in your test for alkaloids?—A. I made a number of tests. I can't say just how many. Q. As much as that half a glass of water?—A. About half of that. Q. Were the contents liquid or sol id?—A. Both. Q. Did you make a poison test be fore the others?—A. Simultaneously. Made Eight Tests. Q. Into how many parts did you divide the contents of the stomach? —A. As many as were necessary—I don’t remember. Q. Did you say you had six or eight tests going at the same time as to the digestibility of the food? Why did you make eight?—A. Because that many were necessary. Q. Will you explain those tests? Dr. Harris went into an elaborate technical explanation of the various stage? of the tests. Mr. Arnold ap- | peared to be unable to understand a number of the words used. Turnine: | to the stenographer he said: "This is j very important—I just want to know f von are getting It. I don’t quite understand it.” The s tenographer re- nlled that he had taken the testimony down. < Q. In all this testing you made you were attempting to ascertain the amount of hydrochloric acid in the stomach 9 —A. Yes. Q. How much was that?—A Elev en-one hundredths of fifteen drops. Q. That would amount to about a drop and a half, wouldn’t it?—4. Yes Q. How much free hvdrochloric acid did you find?—A. None. Q. What is gastric juice?—A. It is a Juice secreted in th« stomach. Function of Pepsin. Q. Ts hydrochloric acid to be found in gastric juice?—A. Yes, one of its m/*st important ingredients. Q. Wbnt is the most important in gredient?—A. Pepsin. Q. What is the effect of hvdrochlo- I ric acid on pepsin?—A. It brings it i out. Q. What amount of hydrochloric j acid did yon find *n the stomach?—A. Thirtv-two degrees. “No, I wouldn’t care "He’s got a right to will show you. Arnold said: for that." Dorsey said: n.” . Roan ruled with the Solicitor, but on the insistence of Mr. Arnold, Har ris did not go into the explanation. Q. What juice flows through ‘the mouth?—A. Saliva. Q. That is a great aid to digestion, isn’t it?—A. Well, that’s a question as to just how much it really counts. Q. Doctors disagree about that ltke they do about everything else?—A. Well a numbor of analyses have be n made and some doctors hold to one theory and some to others. At this point Dr. Harris asked jf the examination could stop. The at torneys agreed that it might stop for the afternoon, and Detective Starnes was called to tht stand. Dorsey took the witness. Q. At the request of Dr. Harris, did you get a cabbage and take it to Mrs. Coleman and ask her to cook it like the one she cooked on the day Mary Phagan was killed?—A. Yes. Mrs. Coleman was called to th? stand and substantiated Starnes’ statement, and declared that she cooked the cabbage. C. O. Dalton was then called to the stand but upon the request of jury men, court was adjourned for the day to reconvene at 9 o’clock Thurs day morning. Dr. Harris probably will be called to the stand' again Thursday. Mothers' Testimony Binds Over Man Who Cruelly Beat Son Girl Is Bun Down by Anto on Whitehall A small girl, who refused to give her name, was knocked down and badly bruised by an automobile driven by Lewis Carhart, on Whitehall street, in front of Rich Brothers’ store about noon Wednesday. The child was taken into Cone’s store and her bruises bandaged, ana then put in a cab and taken home. Eyewitnesses to the accident say it was unavoidable The car was going slowly and the girl ran in front of it before it could, be stopped. No arrest was made. Several mothers appeared in police court Wednesday to testify that J. S. Newman, 41 Gasklll street, Tuesday brutally beat his 11-year-old boy. Joe Newman, with a board. The mothers declared they would never think of whipping a child as severely as Newman did. Newman insisted that the boy de served a good thrashing, and quoted "Hpare the rod and spoil the child.” Judge Preston, declaring it one of the worst case that had come to his notice, bound the father over to the State courts in bond of $300. Detroit Wins Cut In Street Car Fare Kills Man Who Held Her Captive in Woods MEMPHIS, TENN., Aug. 6.—Mabel Farmer, 16, shot and killed Henry Blanz to-day when ho threatened her life because she would not elope with him. The girl told the police after the shooting that Blanz forced her to leave her home and remain with him for twelve hours in the woods. DETROIT. MICH., Aug. 6.—A com promise in the city's fight for 3-cent street car fares was effected to-day when the Detroit United Railway agreed to sell seven tickets for 25 cents, after an automobile firm of fered the city the use of 1,000 auto mobiles in case the company refused to operate its cars. A strike of employees, held off by a promise of arbitration, is threaten ed unless the company’s arbitrator agrees with the union’s representa tive upon a third arbitrator within 24 hours. Woman Injured in Chicago Race Riot CHICAGO, Aug. 6.—Mrs. Mary A. Barrett was in a serious condition to. day as the result of a riot between whites and negroes on a street car. The trouble was caused by a re mark of a negro directed at one of the white passengers. 'MM SPECIAL REDUCTIONS THE GREATEST MATINEE IDOL. For a few days you have an opportunity to get your eyes fitted with first-class glasses at lowest possible prices. ® Q. What is the normal amount in a normal man’s stomach?—A. Fifty-six degrees. Q. What was the relative amount of pepsin in her stomach as compared to the amount of hydrochloric acid? —A. We have no test for determining the exact amount of pepsin. Q. What is the third most impor tant ingredient in the gastric juice? —A. There is none of importance. Q. Put there is water?—A Oh, yes, thero is water. We might sav that gastric juice is composed of hydro chloric acid, pepsin and water. In fact, a solution of those three ingre- d'ents could be made and taken and digest the food as well as the gastric juice found in the stomach. Q. That is the reason people some times take pepsin?—A. Yes. Nothing Else in Stomach. Q These experiments were made an live subjects? How about exneri- ments on corpses?—A. That would be very clumsy. Q. Whv?—A\ The difficulty in get ting bodies with the proper food mix tures in them. Q. Did you examine the small intes tine in this case?—A. Yes. O. What did you find?—A. Practi cally nothing. Q. Did you save any of the con tents of the stomach?—A. No. Q. All you preserved was this cab bage in this bottle?—A. Yes. Q. You didn’t analyse these particu lar leaves?—A. No. I took these out just as T started my examination. Q. Did you find anything besides bread and cabbage?—A. Absolutely nothing. Q. Did you find any of the cabbage chewed?—A. Yes. a good deal of it. Q. How did you know it was cab bage. Tell me its chemical analysis? —A. I have a book with some 67 analyses of cabbace. Just for a gen eral idea you mi^ht say 9ft per cent water 1ft per cent solid. Cabhaoes I'arv. He Says. O Do individutl cabbages vary? — A. I would say s». f:»>m these" analyses. Give me that book over there and I FLOVILLA, GA. $2.30 Round Trip $2.30 Tickets on sale daily Au gust 5 to 17. Return limit August 21. Account IN DIAN SPRINGS CAMP MEETING. SOUTHERN RAILWAY. Eyeglasses enl Spectacles Jti 11 >-/ l'* Vwv'-v ■* A L A $2.50 Classes New $1.00 $5.00 Classes Now $2.50 We are thoroughly equipped to fit you with any style of glasses you may desire. 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