Newspaper Page Text
'■WT:
' *\ \" ■ v> . :
1H9I!
iSfii.
‘
"* i|
ir*
*
»
(
TTTF ATLANTA GEORGIAN AND NEWS.
' AFTER 15 1-2 HOURS ON STAND, CONLEY ENDS HIS TESTIMONY
Grinning After Ordeal, He Lights Cigarette and Grabs a Newspaper
fi
* I
DEFENSE GIVES DP FUTILE
EFFORT TO BITTED Ofil
SWEEPER'S Ml CHARGE
Continued from Page 2.
about seelrig this negro Monday after
the crime.
Several spectators were put out of
the courtroom for laughing at Mr
Rower's admission of the error.
Rosser—I will sav 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
ready shown that Leo Frank knew
on Monday. April 28, that she #iaw
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 haa not intro
duced this evidence, and he saws he
has. if your honor can not remem
ber some of the things that happen
here 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 w r ho it was
who first reported to detectives of
the State of Georgia.
The objection was overruled.
Q. When did you rejMirt it?—A.
May 27.
Rosser took the witness on cross-
examination.
Q. You never declined to tell any
body?— A No.
Q. I want to refresh your memory.
Didn’t you tell Wade Campbell you
saw the negro when you went up?—
V No.
Q. Didn’t you tell Wade Campbell
that when you came down you heard
voice?—A. No; that was when I went
up.
The witness was excused.
Sheriff C. W. Mangum was then
called to the stand. Dorsey questioned
him.
Q. Were you at the Jail when .Tim
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 Reavers, Chief Hanford,
Harry Scott, Detective Black and Jim
Conley came down and wanted to see
Frank. 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
Phagan 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 began his argu
ment of objection by reading author
ities. He declared he would Include
all three propositions in one argu
ment.
Defense Compiles Authorities.
During Mr. Arnold’s argument, Mr.
Rosser climbed up In the witness
chair in which Jim Conley sat during
the thirteen hours Mr. Rosser was
firing questions at him.
Arnold—Do w(j 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 it, as he was feeling Hot and
faint. He was allowed to do so. Judge
Roan spoke to Solicitor Dorsey and
his as so dates:
"What do you say, gentlemen?”
Dorsey—It looks this wav: 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 fish
ing. and if they catch something, they
don’t want to throw it back. They
drew out the relation and association
°f 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 F 'b'ence,” Says Dor
sey.
Judge Roan Dorsey, how can
you differentiate this evidence from
character evidence? The defense must
bring his character in.
Dorsey—-No. it is pot character evi
dence. I know I can’t bring his char
acter in. If 1 convict him, of course.
I want to hold him. I am not afraid
of the higher court
honor.
Roan interrupted
either. I con t care
that.
Roan then declared court adjourned
until 2 o’clock, without any ruling on
the questions at bar having beer,
made.
Argument is Resumed.
Court reconvened at 2 o’clock and
with the Jury still out, Solicitor Dor
sey continued his argument on tha
admissabillty of the evidence that was
stopped by adjournment at the noon
reversing your
-No, I atn not
anything about
re.
ss.
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 declared that proof of an
other crime, 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 not
make it in&dmissable. therefore as an
original proposition he declared that
it was admissable.
"Shall we go on with the other ob-
b'cHon." the Solicitor then asked
Judge Roan.
. s. answered Judge Roan.
Dorsey Cites Example.
Dorsey: "We 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 io
sav she was afraid. This oman was
later murdered and this man was
i ri for the crime. The
man who heard the remark she made
. i oetng afraid was permitted to
testify Now we want to show that
when little Mary Phagan 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
CONLEY PROVES HIMSELF NO
SHARK AT ORTHOGRAPHY
Jim Conley gave the court a demonstration of his ability as a speller during the Wednesday
morning session of the Frank trial. He had told of writing notes to Mr. Frank advising him
when certain stocks of pencil boxes were exhausted.
“How long have you kept up with these boxes?’’ asked Rosser.—A. About a year.
Q. And you write Mr. Frank reports on these boxes?—A. Yes, sir.
Q. Would you know “luxury" if you were to see it?—A. No, sir.
Q. How did you write it for Mr. Frank, then?—A. I can write it.
Q. Can you spell it?—A. I can try it.
Q. Well, let’s hear you spell “luxury."—A. L-u-s-t-r-i.
Q. Was that the only kind of pencil boxes up there?—A. No, sir.
mus, Thomas Jefferson, George Washington and others.
Q.—Did you write reports on them?—A. Yes, sir.
Q, Let’s hear you spell Uncle Remus..—A. O-n-e R-i-m-e-s.
Q. Let’s hear you spell Thomas Jefferson?—A. T-o-m J-e-i-s-s.
Q. Let’s hear you spell George Washington?—A. J-o-e W-i-s-h-t-o-n.
Q. What did Mr. Frank say about your spelling?—A. He laughed.
Q. How do you spell ox?—A, O x.
Q. How did you write him notes to borrow money?—A. I just wrote them.
Q. Tell me what you wrote?—A. I just said: “Please let me have fifty cents."
There was Uncle Re-
FLEETS OF WORLD
sms EIVQRCED
PASTOR TOOK
Assembly Leaders
Positive assurance that the Geor
gia Senate will pass some sort of tax
ing hill which will relieve the finan
cial embarrassment was given Wed
nesday when Senator Milier, cnair-
man of the Finance Committee, call
ed a meeting to consider a bill which
Minister Accused of Accepting; ha « J ust * been drafted
Senator Milier and President An
derson wrote the bill. It provides,
among other things, it is understood,
for a State tax commission, as well
as for county boards.
If the substitute bill is adopted, it
probably will be presented in the Sen
ate Thursday. The Sheppard bill will
be read in the Senate for the third
time Thursday.
$1,500 From Own Brother,Who
Was Friendly With Wife.
MACON, An*. 6.—The Rev. E. T.
Moore, a Baptist minister, at Ander-
sonville, formerly of Macon, Is
charged by Attorney Oliver C. Han
cock. in a suit brought in the city
court of Americus, with extorting
$1,500 from his own brother as a price
for silence in court as to his brother’s
alleged intimacy with Mrs. Moore.
Mrs. Moore now 1» living with h°r
parents at Eufaula, Ala., and the two
children aVe temporarily in her cub-''
tody. Rev. Mr. Moore, while here, re
sided in the Mercer University com
munity and was highly esteemed both
as a man and a minister.
I.ast year Rev. Mr. Moore obtained
a divorce from his wife in the Bibb
Superior Court, after a hotly contest
ed trial. He charged her with being
unfaithful. One of the alleged co
respondents swore to improper rela
tions with Mrs. Moore, who is a strik
ingly handsome woman of about 35
years. It is now charged that Rev.
Mr. Moore found his own brother and
Mrs. Moore in a compromising posi
tion and that he threatened his broth
er. who was about to be m arried, with
exposure unless given $1,500.
Attorney Hancock alleges that be
can prove the facts and the actua*.
payment of the money.
brief." be 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
UaUfornia.
••The Supreme Court of Georgia ha*
held several times that it would not
reverse a lower court on a decision
unless the objection was made at the
time the evidence was submitted.
Dr. H. F. Harris, secretary of the
State Board of Health, who testified
that 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 be ex
cused on account of the death of a
relative. This was \V. T Hold*,
whose relative. J. L. Adair, of Dallas.
Ga . was killed by falling ofT 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 say Mary Phagan
came to her death from strangula
tion?—A An examination showed that
cause to have been the only probable
one for death.
Girl Is.Run Down by
Auto on Whitehall
A small girl, who refused to give
her name, was knocked dotvn and 1
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.
Secretary Daniels Plans Huge
Naval Display for 1915—An
nounces Defense Policy.
WASHINGTON. Aug. 6.—Secretary
of the Navy Daniels to-day announced
his plan to havQ all the world’s fleets
mobilize in Hampton Roads in Feb
ruary, 1915. and, led by the Ameri
can squadron, proceed through the
Panama canal and up the West Coast
to San Francisco.
Secretary Daniels considers that
this will form a fitting opening for
the Panama canal besides being the
greatest naval pageant the world has
seen.
In addition to this, Secretary
Daniels intends to have the Ameri
can fleet, headed by the old battle- !
ship Oregon, steam through the canal |
next spring to celebrate the opening j
of the passageway to ships of com
merce.
"It has beeen stated,” said the Sec
retary of the Navy to-day. "that I
intend to divide the Atlantic fleet
and to keep a portion of it on the Pa
cific side. This* is erroneous. What
I intend to do is to divide the time
of the fleet so that it will spend six
months of the year on one coast and
then go to the other, instead of
spending all its time on the Atlantic
side as at present.”
Mothers’ Testimony
Binds Over Man Who
Cruelly Beat Son
Several mothers appeared in police
court Wednesday to testify that J. S.
Newman. 41 Gaskill 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
"5ipare 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.
Kills Man Who Held
Her Captive in Woods
MEMPHIS. TENN., Aug. 6.—Mabel
Farmer, 16. shot and killed Henry
Blanz to-day when he 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 Wins Cut
In Street Car Fare
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 premise 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 atriot 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.
Adjutant General Holt Announces
Georgia Representatives at
Camp Perry National Shoot.
KNIFE BLADE IN BREAST.
SAVANNAH.—With a knife blade
broken off in his breast just above !
the heart, William Butler walked into j
thb office of Dr. George W. Heriot j
and asked for surgical relief. He
was wounded in an altercation.
Loses Fight to Force
Promotion in Army
WASHINGTON. Aug. 6—Justice
Barnard, in the District of Columbia
Supreme Court to-day dismissed the
rule asked for by Major Beecher B.
Ray to compel the War Department
to show why he should not be pro
moted to be Paymaster of the Army.
The court declined to decide the
constitutionality of the promotion act
of October 1, 1890, saying the "ques
tion seems to be one for an executive
or administrative officer rather than
one of the court.”
Deputies Announced
By Marshal Davis
MACON, Aug. 6.—Marshal J. S.
Davis, for the United States Court for
the Southern District of Georgia, this
afternoon announced the appoint
ment of his deputies as follows:
Macon — Henry Tucker. John
Heckle, Dave Riley and Frank Riley.
Augusta Ex-Sheriff Pierce, of Wil
kinson County VAldosta Ex-Sheriff
L. H. Glenn, of Abbeville, Wilcox
County. Albany- William Tarver.
Savannah—J. B. Wilson.
The deputies in Macon and Savan
nah were reappointed.
Adjutant General J. Van Hplt Na c h
has announced the personnel of the
Georgia National Guard rifle team to
participate in the national shoot at
Camp Perry next month. The an
nouncement follows the double elim
ination shoot at the Camp Avans rifle
range at Fort McPherson.
Following is the team:
Team Organization—Brigadier Gen
eral J. Van Holt Nash, captain, At-
TanVn; *Majfcr’ General James A. Sea
mans, coach, Atlanta; Captain Charles
C. Harrold, spotter, Macon.
Principals—Major Wallace P.
Wheeler, Macon; Captain William T
Spratt. Atlanta; Captain Oscar L. Ru-
disail, Atlanta; First Lieutenant Sam
uel Y. Tupper, Atlanta * Second Li? i-
tenant James W. Armstrong, Albany;
Sergeant Warner S. Hale, Winder:
Sergeant Wilfred R. Browne, Atlanta;
Sergeant C. H. And’erson. Monroe;
Corporal Dawson L. Hale, Winder -
Corporal J. A. Williams. Winder; Pri
vate Ewell C. Hale, Winder; Private
Owen C. Holleran, Atlanta.
Alternates—First Lieutenant Prince
A. Dickinson, Monroe; Second Lieu
tenant James C. Adolphus, Atlanta;
Sergeant Algernon S. Brown, Macon;
All team members will report in
person to the tea. . captain at 3
o’clock on the afternoon of August 10.
at the adjutant general’s office, State
Capitol, Atlanta, Ga.
The team will leave Atlanta, Go ,
Monday morning. August li. at 7:12
o’clock, via the L. and N* Railroad, in
a special car. from the Old Station, for
Camp Perry, Ohio.
THE GREATEST
MATINEE IDOL.
CON FESSE D7 SLAYER ON TRITL.
SAVANNAH. To-day, in th« Su
perior Court. Lathrop George was put
on trial for the confessed killing two
weeks ago of Henry McClellan in a
room in the hout'e occupied by Mrs.
George, who was separated from her
husband.
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.
SPECIAL
ra@E»Sr££«E£aan!flnS289BBaiEHIH
REDUCTIONS
For a few days you have an opportunity to
get your eyes fitted with first-class glasses at
lowest possible prices.
Eyeglasses and Spectacles
\==p3t&Mft tmm =
L m-Hl 3 In H id-
M
AK\\\ I u Ai
7/;
The Eminent Romantic Actor,
JAS. K. HACKETT,
—in—
"The Prisoner of Zenda.”
j ALCAZAR THEATER
ALL THIS WEEK.
$2.50 Glasses Hew $1.00
$5.00 Glasses New $2.50
We are thoroughly equipped to fit you with
any style of glasses you may desire.
Our oculist will give your eyes a thorough
scientific examination, and we guarantee glasses
he prescribes to give satisfaction.
L. N. HOFF
OPTICAL CO.
Builders Fine Spectacles and Eyeglasses.
TWO STORES.
70 WHITEHALL
52 W, MITCHELL
fflMSSS PRE-INVENTORY SALE OF
TURE
! GREATEST
j Thousands of Dollars Worth the World’s Best FURNITURE To Be Offered V Saving of From 20% to 50%
Our buyers have just returned from the leading markets of the North and East, and have bought a
tremendous stock of Fall Goods. We never carry goods over from one season to another, for we want to
always give our customers the newest styles and best values to be had for the money. So we must close
out our present $50,000.00 stock of Furniture in order to make room
for the Fall Stock.
FOR 15 DAYS ONLY
NEVER BEFORE HAVE YOU
SEEN SUCH WONDERFUL
BARGAINS.
To close out these goods quickly, we have marked the price down to the very lowest possible figure;
and, in addition, we will give away (as long as they last) a handsome 50-piece Dinner Set with every pur
chase of $25.00 or more. Stocks are arranged for easy choosing, and every piece bears our original low
selling price and the Pre-Inventory Sale price. If you miss this sale
you will miss the greatest opportunity of a lifetime.
FOR 15 DAYS ONLY
WE WELL BE GLAD TO AR
RANGE TERMS TO SUIT
YOU ■■ ■ !* ■■ ■■ ■■ ■■
1 w W ■ ■ ■ ■ m r u ■ ■■ ■■ ■■ c ■