Newspaper Page Text
TTTE ATLANTA GEORGIAN ANT) NEWS.
ONE OF WITNESSES FOR DEFENSE
CONLEY SAYS FRANK TOOK MARY PHAGAN'S MESH BAG-
Lies Down on Floor to Show Jury Stow He Left Girl’s Body in Cellar
NEGRO’S LONG GRILL EIDS
mil) HOURS,HIS Mi
STORY STILL UNSHAKEN
• ■■r ■
t A-
Mrs. Emma Freeman, who will
testify for Leo Frank.
/V,%T
... 9
Continued from Page One.
and see if this Is what you said?
Mr. Rosser read how Jim Uonlcy for
the first time told the story of car
rying the body of Mary Phagan to
the basement. These were the con
cluding words:
"The reason I have not told thin
before is that Mr. Frank said he
would get me out, but it don’t seem
that he is going to get out and I
have decided to tell the whole truth.
I gave him back the $200. He said
he would fix It all right Monday.”
Q. This is what you swore, isn’t it,
Jim?—A. Yes, Rir; I swore it.
Q. Jim, didn't MIbs Carson ask you
on Monday while you were working
around her machine when they were
going to get you, you answered that
you hadn’t done nothing?—A. No, sir.
Denies Alarm While Sweeping.
Q. Didn’t she say that Mr. Frank
was innocent and the real murderer
of little Mary Phagan was the man
Mrs. White saw near the steps? You
dropped your broom and quit sweep
ing when sh*» said that?—A. No, sir.
Q. Didn’t you say to Mr. Herbert
Schiff on Monday after the murder
that you were afraid to go out of
the factory and that you would give
a million dollars to be a white man?
A. I didn’t say Just that, but I told
him if 1 was a white man I would
go on out.
Q. He told you to get on out. asking
you what you had to be afraid of?—
A Something like that.
Q. Jim, you talked with Julia Fuss
on that day and asked her if she
had another extra? You asked her
if she got one to let you see it?—A.
No, sir
Q. She told you that Mr Frank was
innocent, didn’t she? And you said
he was Innocent as the angels in
heaven?—A. No, sir; 1 didn’t say that.
Mr. Rosser closed the cross-exam
ination and Solicitor Dorsey began
the redirect examination.
Tells of Prison Record.
Q. Jim. where w’ere you in prison?
A. Police headquarters.
Q. Were you ever in jail?—A. Yes.
Q. What were you charged with?—
A. Just because i was washing my
shirt.
Q. I mean those other times you
were arrested. Wer® you in the
county jail then?—A. No. I was in
headquarters.
Rosser interrupted:
"The charges are in writing, your
honor. They are the last evidence.’’
"It’s a poor rule that doesn’t work
both ways,” said Dorsey. "Can’t we
exclude this evidence?”
Judge Roan: “You can show where
he was."
Q. What werp you arrested for the
first time?—A. I was throwing rocks.
Q. Who arrested you?—A. A po
lice named Edmonds
Q. The second time?—A. I was
fighting.
Q. A white man or a woman?—A.
No, I never had any trouble w'ith
white folks.
Q. Jim, did you try to see Mr.
Frank in Jail?
Rosser objected.
Judge Roan—Don’t lead him, Mr.
Dorsey.
Q. Did you ever see Frank after
you went to the pencil factory?—A.
No.
Q. Why not?
Rosser objected to the question as
immaterial. Dorsey changed his
question.
Last Saw Frank at Station.
Q. When was the last time you saw
Frank before you saw him here?—A.
Over there at the police Btation.
Q. Did he say anything?—A. No,
he just smiled and bowed his head.
Q. When you wrote those notes, did
you sit down, and, if so, where?—A.
I was sitting at the desk.
Q. Where was Frank sitting?—A. I
At the other desk.
Attorney Rosser objected. “He
went into all that before,” he said, j
Judge Roan—Did you. Mr. Dorsey?
“No, It is something I omitted,”
said Dorsey.
Q. What did Frank do when ho
you wrote those notes?
Rosser objected to the question as
leading.
Q. Did Frank touch your pencil
when you were writing?
Rosser objected again, declaring
that the question was leading.
Judge Roan said the question could
be asked without leading.
Q. What, if anything, did Mr. Frank
do when you were writing?—A. He
took the pencil out of my hand and
told me to rule out that ”s” on the
"negro "
Q. What hour was it Friday Frank
came up on the fourth floor and
spoke to you?—A. About 3 o’clock.
Says Frank Took Girl’s Bag.
Q. How far was It from where you
were Tuesday when he told you to be
a good boy?—A. Almost the same
place.
Q. How far was It from the water
cooler to where her body was drag
ged?—A. I don’t know. sir.
Q. How far from the water cooler?
A. I don’t know.
Q. Did you ever see Mary Phagan’a
poeketbook or mcshbag?— A. Yes,
It was on the desk in Mr. Frank's
office.
Q. What did he do with It?—A. He
put It in the safe.
Q How long were you In Jail be
fore you wrote for the detectives?—A.
About ten or fifteen days.
Q. How long would It take Frank
to go down and lock that door?—A.
About one minute.
Q. Where was Frank standing
when you saw the clock at four min
utes to one?—A. He was standing
near those stair steps.
Q. Describe that scream you heard.
Rosser objected.
"He has gone Into that before, your
honor," he said.
The question was sustained. Judge
Roan saying: "The question cannot
be asked because it Is reopening a
long cross-examination.”
Q. Jim. who has asked you the
most questions, Mr. Black, Scott,
Starnes and Campbell and myself . r
Mr. Rosser?
Tries to Show Court Grilling.
Rosser objected.
Dorsey: "Your honor, he hag tried
to bring out the fact that this wit
ness has been grilled. I want to show
that altogether he was not questioned
as long or as much as Mr. Rosser has
questioned him on the stand.
Judge Roan: “You can ask him how
long he was questioned out of court,
and what ha« gone on here is pub
lic.”
Dorsey put the question again.
Q How long was the longest you
was ever questioned before you came
here?—A. Mr. Scott came and got
nie one day and I herd him tell the
tumkev It was fifteen minutes to
eleven. It was dark when I got back.
Q. How long was that?—A. I'd
say about three and one-half hours.
Q. How long has Mr. Rosser ques
tioned you?
’’Your honor, I want to get this
answer in the records.” said Dorsey.
Judge Roan: “Do you object?”
■■"■■■■■ ym.
V-
* W
looking at Mr. Ros^r.
"I do,” said RosseT.
"I sustain you,” said the court.
Dorsey continued the questioning.
Q. Jim, how' did you leave the body
in the basement?—A. I left her on her
side.
Lies on Floor to Answer Query.
Q. How? (Conley got down on the
floor and lay on his left side, his arms
against his body. After the illustra
tion he identified a photograph of the
basement and pointed out just where
he left the body).
Q. Now-. Jim. tell the Jury' In detail
everything you did after you lookjd
at the clock at 4 minutes to 1.
Rosser objected. “He has gone into
that, your honor,” he said.
“Have you, Mr. Dorsey?” Judge
Roan asked.
"We have not gone into that de
tail," Dorsey replied. “We want to
show the jury how long it would have
taken to do the things there and how
long It would have taken Frank to
get to his home. Mr. Rosser has
brought out this detail to draw his
conclusions."
newspaper reporters, H. W. Ross and
Harllee Branch, of The Atlanta Jour
nal, who were at the press table, re
tired from the courtroom.)—A. I can’t
remember that.
Q. Did they offer you anything at
all?
Rosser objected, and w^as sustained.
Conley had answered the question,
though, declaring that nothing was
offered him but a paper.
Q. That day at the factory, were
you nervous or not?—A. No; I was
not.
Darley Knew He Could Wr»te,
Q. What did Mr. Schiff say to you?
—A. They were standing there by
the clock and asked if there was a
crowd at the front door. Mr! Schiff
came in and I said I wish I was a
white man; that I would go out from
there. One man said he wished he
had a pistol. Mr. Schiff said: ’They’ve
got Mr. Frank In jail. I don’t see that
being white would help.”
Q. Did Darley know you could
write?—A. Yes.
Rosser objected. “It is immate
rial,” said he.
Dorsey: “We want to show that
this man could write; that he was in
jail several days without writing, and
the detectives, the Pinkertons em
ployed by the factory, knew' he could
write.
Q. Could you spell luxury?—A. Yes.
Q. Why?—A. I had to write it sev
eral times. Mr. Frank had me to
write down the names of the differ
ent boxes that pencils w r ere in. and
give them to him, so that he could
know when they were out.
“Wasn’t Asked Before.”
Attorney Rosser took up the re
cross-examination :
Q. Jim, you were questioned by Mr.
Dorsey and myself and all the detec
tives, and this morning was the first
time you ever mentioned that mesh
bag.—A. You didn’t ask me.
Q. Do you know what I asked you
yesterday?—A. Yes, sir; I remember
some of the questions.
Q. What?—A. Well. I don’t remem
ber just exactly.
Q. You don’t remember a single
thing that has not been w'ritten
down?
Dorsey objected. “He must give the
witness time to answer,” said he.
Q. Jim, haven’t you answered my
questions?—Ar. Yes, sir.
Q. You said this morning that Mr.
Frank promised to get you out on
bond and send you out of town?—A.
Yes, sir
Q. Why didn’t you tell the detec
tives that when you told them you
were telling all the truth?—A. I did
thell them he promised to get me out.
Q. Mr. Dorsey saw you seven times,
didn’t he?—A. Yes, sir; I think that's
right.
Q. Did he take dow'n u’hat you said?
A. He took down something the first
time.
Q. How about the next times?—A. 1
disremember.
Q. How long have you kept up with
those boxes?—A. About a year.
Conloy Tries Spelling.
Q. And you wrote Mr. Frank re
ports on these boxes?—A. Yes, sir.
Q. Would you know "luxury" If you
I were to see it?—A. No, sir.
Q. How did you write It for Mr.
; Frank, then?—A. I can write it.
I Q. Can you. spell it?—I can try it.
Well, let s hear you spell ‘luxury.’—
. L-u-s-t-r-i-.
Judge Roan: "Have you asked
—A. A kind of grayish pad.
that?”
Q. What did Frank say about taking
Dorsey: “Xes.”
you to Brooklyn?—A. He didn’t. He
Judge Roan: "Then I sustain the
said he would take me away, and if I
objection.”
got into trouble he would get me out.
Dorsey: “That’s all right, your hon-
Q. Did you ever have any conver-
or. If you think the State ought not
sation with Mr. Mincey?—A. No; 1
to ask these questions, it is all right
saw him at police headquarters.
with me.”
Q. What did he say?
Promised Help in Trouble.
Q. What kind of paper were you
Rosser objected, and the objection
was sustained.
Q. That night at jail, did those
talking about when you spoke of
newspaper men come on the inside?—
green sheets?—A. That one (iden-
A. No.
tifying the white note)
Q. What did they say? Wait a min-
Q. What kind of back did it have?
ute; I want those two men out. (Two
Q. Was that the only kind of pen
cil boxes up there?—A. No, sir. There
was Uncle Remus, Thomas Jefferson,
George Washington and others.
Q. Did you write reports on them?
A. Yes, sir.
Q. Let’s hear you spell ‘Uncle Re
mus?—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 speil ‘Ox’?—A. O-x-
Q. How did you write him notes to
borrow money?—. A. I just wrote
them.
Q. Tell me w’hat you wrote?—A.
I just said: ‘Please let me have fifty
cents.’
Q. When you were standing by
that box talking, could Mr. Darley
hear you?—A. Yes.
Q. Could Mr. Schiff?—A. Yes.
Q. Could that boy?—A. Yes.
Asked If He Could Write.
Q. When you went Into the office
to write those notes, Mr. Frank asked
you if you could wTite, didn’t he?—
A. Yes.
Rosser put the question again.
Dorsey objected to the repetition,
and the objection was sustained.
Messrs. Hooper and Dorsey were
with you in the Jail together, were
they not?—A. Yes.
Q. How long?—A. Two or three
hours.
Dorsey Wins Ruling.
Q. How long after April 26 wss
it you saw this man?—A. About a
month.
Q. At the time you saw him at the
police station did you identify him?—
A. I did not.
Rosser objected.
Q. What did you say?
Rosser: “I object. I wasn’t there."
Dorsey: “Your representative, Mr.
Scott, was there."
Rosser: "I move to rule that out."
A. I said he looked more like the
one than any man I have seen.
Rosser: “I move to rule it all
out.”
Dorsey: "We expect to show by
this witness that this was the man.
We want to show how he was dressed,
his facial expression, etc., and we sub
mit that it is material.”
Judge Roan overruled the objec
tion.
Q. Describe the man you saw.—A.
He was about the size of the one Just
brought before me whom I have been ,
told is Jim Conley. He was in a
dark place and I took him to be
black. He had on dark clothes and
I don't know whether he had on a
hat or not.
Q. Wade Campbell is your brother,
and Arthur White your husband,
aren’t they?—A. Yes.
Q. When did you tell them you
saw a negro sitting in that hall?
Rosser objected.
Laughing Spectators Ousted.
The odd situation of the attorneys
for the defense being in possession of
the official court records were relieved
when Mr. Arnold consented to it being
read.
Mr. Rosser, however, found it first
In ihs copy of the testimony of Scott.
Rosser: “You were right. Harry
Scott did say Mrs. "White told Frank
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
w’hat 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 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 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.
Jim Conley was the same cool, un
afraid negro when he returned to the
stand Wednesday morning in the trial
of Leo Frank after almost two whole
days under the cross-examination of
Luther Rosser. He had passed through
fire and didn’t .seem to mind 1L He
had no fear of anything that was yet
to come.
Mr. Rosser might threaten him or
might Joke with him; it was all the
same to the negro. He had tried both
and had established but one thing—
that Conley is a liar, and Conley ad
mits that.
Arnold might describe him as "that
miserable wretch in the witness
chair;” he could gaze calmly out the
window as he had done before. He
didn’t quite understand all those
names they were calling him, any
way.
If, in all the time that Conley was
under the raking fire of Rosser's
cross-examination, he was disturbed
in the slightest degree, it was when
he was being asked about that mys
terious affidavit of William H. Min-
cey.
The declaration of Mincey that
Conley had boasted the afternoon of
April 26 of killing a girl was sinister
and held in it the possibility that
Rosser would finish by blazing forth
with a direct charge of murder
against the negro. Conley moved un
easily in his seat. He refused to meet
the eye of his inquisitor. He fidgeted
with his hands, but with his lips he
framed a denial of every damning
charge contained in the document.
The ordeal soon was over. Conley
regained his composure, and when
court adjourned a few minutes later
a grin of triumph cleft his black face
almost in twain.
Attorney Sees Conley.
Conley’s attorney, William M.
Smith, provided him with supper and
breakfast at the jail and talked for
some time with the State’s star wit
ness. He had been prevented from
holding any sort of a conference with
his client the night before, and pro
tested at this procedure at the close
of court Tuesday night. Judge Roan
extended him the privilege of seeing
Conley. Reuben Arnold asked that
an exception be entered in the record.
Conley slept between nine and ten
hours and arose much refreshed.
“l’se telling the truth now,” he said
to a newspaper man who encoun
tered him outside the Jail. “That
Mr. Rosser ain't got no chance to get
me mixed up because I’m telling just
what happened.”
Frank occupied his usual cell on the
second floor of the Tower. He was
Joined by hts wife and mother as soon
as he arrived at the courthouse.
G. U. O. 0. F.
CONVENTION
Savannah, Ga-,
August 12-16, 1913.
$9.05 Round Trip.
Two trains daily through
without change. Leave At
lanta 8 a. m. and 9:35 p. m.
CENTRAL OF GEORGIA
RAILWAY.
118 and 120
2
1C
2
CASH GROCERY CO .'Whitehall
EGGSI15 C
LEMONS; 12 lc
LIMES, doz.?
PINEAPPLES 14 C
5 POUNDS SUGAR . 25c
100 LBS. SUGAR $4.79
30c WESSON OIL . 24c
NO. 1OC0TT0LENE $1.15
No, 10 s Lmf"LAR0$1.39
No. 4 SNOWDRIFT. 44c
WINNER MILK... 10c
No limit, discount in quantities.
EAGLE MILK, 7 Sr $1.00
"& d l S w BUTTER . 33c
p d\ r l k e s - BUTTER . . 29c
40c COFFEE, LB. . 28c
Cash Grocery Co,
118 and 120
Whitehall
&?a n t?s? pre-inventory sale of furniture
Thousands of Dollars Worth 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.
% ^
Of Z <v
sapor, 9r > D
e °o. * -Go
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. x