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'■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 ■