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THE ATLANTA GEORGIAN AND NEWS.
FRANK DEFENSE OPENS WITH ATTACK ON DR. HARRIS' EVIDENCE
Dalton Corroborates Jim Conley’s Story of Women Calling at Pencil Factory
OPINIONS US 10 TIME OP
ESSES, IS
00. CHILDS’ TESTIMONY
Continued From Page 2.
We don’t want to argue It. We Jusf
want to be recorded as objecting.
Judge Roan permitted all of the
samples to go in.
Solicitor Dorsey asked for the bank
book and the cash book of the Na
tional Pencil Company. They had
not been secured.
Dorsey—We will rest our case, any
way.
The State rested Its case exactly at
12 o’clock.
Dr. L. W. Childs, a prominent young
surgeon of Atlanta, was the first wit
ness called by the defense.
Attorney Arnold questioned Dr.
Childs.
Q. What is your occupation?—A.
Surgery and general medicine.
Q. Where did you graduate? A.
University of Michigan in 1906.
Q. Where did you practice?—A. I
was first assistant at the Michigan
University Hospital.
Q. How long have you been in At
lanta?- A. About five years.
Q. A body is found at 3 o’clock in
the morning It is not embalmed un
til 10 o'clock that morning. It is dug
up nine days later and a cut is found
in back of the head. There is only a
drop of blood found on the skull.
There was no pressure on the brain.
Could a physician have said whether
that blow produced unconsciousness?
A. He might hazard a guess. He
could not tell.
Calls Opinion Mere Guess.
Q. The presence of a drop of blood
would have had nothing to do with it?
A. Absolutely nothing. There was no
pressure, you said.
Q. No pressure at all.—A. Then its
effect was negligible.
Q. Now is there any way for a doc
tor telling definitely whether or not
that blow caused unconsciousness?-
A. I should say it would be a guess.
Q. Is it possible to tell whether a
wound or cut such as I have described
with the appearance of blood was in
flicted before or after death? A. If
it was inflicted in from one to three
hours after death it would have the
appearance of having been inflicted
just before death.
Q. Would you say that such a
wound as I have described could have
been inflicted one hour after death?—
A. It would practically be a guess to
say so.
Q. Would the fact that this body
had been embalmed and buried for
nine days add to the difficulties of
making an examination or not? A.
It would greatly add to the ditficul-
ties.
Q. Haye you ever heard of a case
on record when an opinion on uncon
sciousness and the length of time the
person was unconscious before death
was placed on what data we have?
A. Absolutely no.
Blows Often Cause Death.
Q. Have you heard of cases of blows
on the head causing death w’ithout
fracturing the skull?— A. Yes. I have
seen several cases of sandbagging
where the person would die of con
cussion of the brain and there would
only be a slight spelling where the
blow had been struck.
Q. Then there is absolutely no way
of telling the exact result of a blow
on the head after a post mortem held
nine days after interment? A. No.
Q. What class of food does cab
bage come in° A. Carbohydrates.
Q. Are they considered hard to di
gest? -A. As such they are not, but
in cabbage the carbohydrate is mix
ed with cellulose, a woody fiber on
which the digestive juices have prac
tically no effect, therefore, it is very
hard.
Q. I>ook at this sample (Arnold
showed the witness the cabbage taken
from Mary Phagan’s stomach). Was
that well masticated? A. Not very
■well.
Q. Isn’t it a fact that cooked cab
bage is harder to digest than raw
cabbage? A. Yes; raw cabbage is
the easiest of all forms of cabbage to
digest.
Cabbage in Digestive State.
Q. What part does the saliva play?
A. It acts on the carbohydrates.
Q. What part of the cabbage is the
carbohydrates? A Seven or eight per
cent.
Q. So saliva only affects that part
of the cabbage?—A. Yes.
Q. Does the stomach do anything
about digesting cabbage?—A. The
muscular effect—the churning—might
break it up to some extent.
Q. So the juices of the stomach in
stead of digesting cabbage merely re
tard it?—A. Yes.
Q. Then where is cabbage really di-
“Better Be Safe
Than Sorry"
It is far better to jflvp
the Stomach, Liver and
Bowels some help at the
beginning than to keep
putting it off until «kk
ness overtakes you. Be
wise, and keep
HOSTETTER'S
STOMACH BITTERS
handy and take it prompt
ly. It helps overcome all
Stomach. Liver and Bowel
His. also prevents Malaria,
Fever and Ague.
gcstcd? A. In the small intestines.
Q. How long would it take boiled
cabbage to pass out of the stomach?
A. About four and one-half hours.
Q. Then when it goes out of the
stomach it is really undigested, is it
not?—A. Yes. It may pass out of the
body entirely in the undigested form.
Digestion Easily Retarded.
Q. Are there not a great many
things that retard digestion?—A. Yes.
the psychic caaises— fright, anger and
sudden mental excitement—material
ly retard it.
Q. Would walking retard It?—A
Yes, if the walking was immediately
after the meal, digestion would be re
tarded. These other causes might
totally stop digestion.
Q Isn't it a fact that you might
And substances in a stomach that
had laid there quite a while and
practically no digestive action had
begun?—A. Yes, If the psychic in-
fliience bad taken place.
Q. Don’t stomachs differ as much
as mind®?—A. Yes To understand
a stomach you must study it as an
individual.
Mr. Arnold held up a sample of
cabbage taken from the Phag.*n
girl’s stomach.
Q. Would you hazard a guess th. t
this cabbage had only been In a stom
ach one half hour before death—?\.
I would not.
Q Why?—A. For the reasons I have
stated. The cause of the psychic in
fluences—I know not of that might
have been brought to bear and be
cause of the varying effects of stom
achs on such a substance.
Denies Accurate Opinions.
Q. Do you think a doctor could
give an accurate scientific opinion by
making such a statement?--A. I do
not.
Q. How long would you say it was
possible for cabbage like this to stay
in the stomach?—A. I have seencab
bage less digested than that which
had been in the stomach for twelve
hours.
y. When the process of digestion
begins, it begins very slowly, doesn't
It?—a. Yes, it is really Indeterminate.
It has not advanced very far when
the food goes to the stomach.
y. How long would it take wheat
bread?—A. I would say about two
and one-half hours.
y Then solids like cabbage and
wheat bread would be at least two
and one-half hours passing out of
the stomach, would they not?—A.
Yes.
At this point court was adjourned
until 2 o’clock.
Blow Would Discolor Eyes.’
y. Please state whether a bruise
could inflicted over the eye after
death similar to a wound in life.— A.
Yes. as much after two hours.
y. Could a blow on the back of the
head cause a discolored eye? A. Yes,
or both eyes.
y. What becomes of that epitheli
um after death?—A. Before or after
embalming?
y. Would it be decomposed before
embalming? A. It would.
Solicitor Dorsey then took the wit
ness. His brother, Dr. Rufus T. Dor
sey, a prominent Atlanta physician,
sat by the questioner and frequently
coached him in his examination of the
witness.
y. How old are you? A. 31.
y Where have you lived?—A. Ann
Arbor and Atlanta.
Q. How long have you practiced?—
A Seven years.
y What do you practice?—A. Sur
gery and general medicine.
Q. Don't most specialists confine
themselves to one study and find their
hands full? A. They learn more by
branching out.
y. Do you undertake to tell this
Jury that digestion begins in the
mouth? A. Yes.
y I thought mastication was the
office of the mouth? A. It is.
y. Then doesn't digestion begin as
much when the food begins to cook
as in the mouth? A. No; the diges
tion begins when the salivary glands
begin to yield their Juices.
Q. Is a turnip of about the saem
property as a cabbage?—A. Yes.
y. Do you consider Dr. Crittenden,
of Yale, an authority? A. Yes.
y Are you familiar with his table
on the relative properties of food?—
A. Yes.
Differs With Authority.
y If he says it takes about 3 1-2
hours to digest a cabbage and the
same time for a turnip it is about
right, is it not?—A. 1 think he says
that he is at variance with the other
authorities.
y Then you are at variance with
him? A. Yes.
y Who is your authority?—A. Dr.
1 Peterson, an eminent medical expert
and authority.
y. In speaking of digestion of cab
bage and turnips, you have as a
standard, a normal stomach? A. Yes.
Q. How long after taking food into
j a stomach would you find pure hy-
i drochloric acid? A. 1 tis in the stom-
: uch before food is taken in and you
| will find it there at any stage.
y. Do you mean to give this as your
opinion?—A. It would depend upon
the condition of the glands of the
gastric membrance.
y. I am speaking of a normal stom-
ach Are you familiar with the Ewald
breakfast test? According to this test,
how long would it be before you
would And pure hydrochloric acid?—
A It would depend on the glands.
Q. I am asking you about a normal
stomach.
Judge Warn* Against Haste.
Arnold objected—He does not give
the witness time to answer.
Judge Roan cautioned Dorsey re
garding this.
y How much acid would occur in
a normal stomach one hour after the
Ewald breakfast test? A. About 2
grams
y Give me the amount in degrees.
V That is essentially a question for
j a laboratory man. We don’t use
will try yofr on something else. Is
TRIAL EXPERTS CONFLICT
ON TIME OF GIRL’S DEATH
Here is a sample of the testimony of I)r. Harris, for the State, given Wednesday afternoon,
and conflicting evidence given for the defense by Dr. Childs on Thursday:
Dr. Harris said :
“I want to state that the amount of secretive juice in this stomach was considera
bly 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 degrees. It was just about
the amount one would have supposed to have collected in half an hour or 35 to 40 min
utes. I can say with absolute certainty that she was unconscious within 30 or 40 min
utes after she ate the cabbage.”
Shortly after the defense opened Mr. Arnold held up a sample of cabbage taken from the
Phagan girl’s stomach.
Q. Would you hazard a guess that this cabbage had only been in a stomach one-
half hour before death?—-A. I would not.
Q. Why?—A. For the reasons I have stated. The cause of the psychic influences I
know not of that might have been brought to bear and because of the varying effects of
stomachs on such a substance.
Q. Do you think a doctor could give an accurate scientific opinion by making such a
statement?—A. I do not.
SENATE REFUSES
this man Hemeter an authority?—A.
If ho gives any tables he is.
y. Do you know of him?—A. I have
heard of him.
y. Is he a standard?—A. Yes.
Q. I want you to give this jury the
aridity of an Ewald test breakfast
■ hi*- hour after taking. A. That Is a
question for a laboratory man.
Q. Well, If you can’t that I will
ask you something else. Can you
give mo the percentages of the gastric
Juices in digestion?- A. No, that is in
a branch that is seldom taught.
y. Don’t you know that they teach
that as one of the fundamental prin
ciples of medicine? A. I take excep
tion with you on that.
y. Can you tell me the functions of
the gastric Juices—A. Yes.
Dr. Childs then gave an extensive
scientific explanation, after which
Dorsey propounded a long hypotheti
cal question, to bring out, if possible,
an admission that the cabbage might
not have been in the stomach more
than an hour. Dr. Childs replied th”»
it would be the wildest guess to try
and place the time within two hours. ,
y. I will get you to tell the jury j
why?—A. I will cite a case that came
to my attention when cabbage was
taken from a stomach after twelve
hours.
Arnold Protests at Mirth.
Q. I am speaking of a normal stom
ach.—A. That might have been a
normal stomach.
Q. Well, it certainly would not have
been normal if it was that diseased,
so diseased the cabbage had to be
taken from it.—A. The structure was
normal.
y. Will you tell the jury that the
juices were normal? A. No.
Dorsey remarked; “Why, of course
not,’’ and there was a ripple of laugh
ter in the courtroom when Attorney
Arnold jumped to his feet to object to
the Solicitor’s comment.
“Your honor,” Arnold said, “that
laughter will have to cease. There is
a bunch of hoodlums back there who
laugh at my friend’s witticisms.”
Judge Roan You will have to keep
order in the courtroom, Mr. Sheriff.
y. What is a normal stomach—A.
A normal stomach is one that is un
der normal conditions will digest a
normal amount of food in a normally
accepted time.
Q. Did you ever see any experi
ments except in that case where you
made a man vomit?—A. No, 1 am not
quoting myself.
Scott Called to Stand. .
Q If a little girl were found six
teen to twenty hours after she was
murdered with a moist blood spot on
her hair, with ft scar on the back of
her head, deep indentation* ”
neck, her tongue out. her nails blue,
what would you say cassia n*.
death?- A. I would certainly say it
was not the blow* on the head.
The witness was excused.
Harry Scott, the Pinkerton detec
tive employed by the National Pencil
Company, who has already appeared
as a witness for the prosecution, was
called by the defense. Attorney Ros
ser questioned him.
y Mr. Scott, you knew on Monday
after the crime that Mrs. Arthur
White saw a negro near the stairway
on the Saturday before?—A. Yes. sir.
Q. Did you tell the city detectives?
A It is my recollection that I did.
Q Did you ever ask Mr. Frank if
Conley could write?—A. No.
y. When did you discover Jim Con
ley could write?—A. Sunday. May 18.
Q. On May 18, you dictated to Con-
Jey “that long, tall, black negro did
n by inss.-if." How long did it take
him to write it?—A. Aoout six or
seven minutes.
y You were present when he was
brought before Mrs. White?—A. Yes.
Q. Did he move his lips?—A. Yes;
he chewed his lips and looked very
excited.
t y. Did he look nervous, and. if so.
why? A. Well, he could not stand
still. He twirled a cigarette and look
ed very excited.
Q Did he deny on May 18 that he
had anything to do with the mur
der or had been to the factory?—A.
Yes.
y. Did you try to make him talk?—
A. Yes.
Treated Him ‘Pretty Roughly/
Q. How did you talk to him?—A. I
was very stern with him. I tried to j
get from him a confession of the mur
der.
Q. Did you give him the third de- I
gree?—A That depends on what you i
call the third degree.
Q. Well, you tell me what did?—A
Oh. we Just talked to him. and cursed •
him and treated him pretty roughly, i
Q. Did you beat him?—A. No.
y Just a scientific third degree?
A Well, w’e did everything we could.
Q. You and the city detectives |
worked in harmony, each one giving
the other what he had discovered,
did you not?—A. Yes.
Mr. Rosser showed Scott the first
statement made by Jim Conley.
y. Did you hear him make this
statement?—--A. Yes, I wrote it.
Q. Is that all he said?—A. Yes.
Q. You didn’t know he could write 9
A. Yes, I had already discovered he
could write.
Q. This information that he could
write came from Schiff and Darley, of
the pencil factory, didn't it?—A. Yefe.
Brings l/p Second bxatement.
Q. When Conley made that second
statement about the notes, was that
gone over with Mr. Dorsey?—A. Yes.
y. He said: "It did not say any
thing about the little girl's body”?—A.
Yes
y. He repeated agalnthe buying of
the beer and w hisky on Peters street?
—A. Ye9.
Q. Conley told you the second time
he was going to tell the truth?—A.
Yes He sent for Mr. Black and made
a voluntary statement.
Q. That was his first sworn state
ment?—A. Yes. sir.
Q. On May 25. after that statement,
you and Black called on Conley again
and questioned him. didn’t you?—A.
Yes. About three hours.
y. You gave him the same third
degree you illustrated just now, didn’t
vo”?—A. No, 1 was stern, but nothing
more.
^ On May 27 you question him
again didn’t you?—A. Yes.
y. Then you told him Mr. Frank
would not have written those notes on
Friday and that his story would not
fit?—A. Yes.
Q. How long did you question him?
—A. Five or six hours.
y. The next day you had him again,
didn’t you?—A. Yes.
y. How long?—A. About Five or
six hours.
y. And he told you he had already
told the truth and would tell no more?
—A. Yes.
Changed Day to Saturday.
Q. On May 28. he made you an
other long statement, after being told
that his former statement showed de
liberation and would not fit; then he
changed the date to Saturday?—A.
Yes.
y. He told you he had made up his
mind to tell you the whole truth?—A.
Yes.
y. But he still stuck to the state
ment that he got up that morning
about 9 or 9:30 o’clock and later
went to the “Butt In” saloon and
bought a glass of beer?—A. Yes.
Q. He told you about writing the
notes? How many notes did he say
he wrote?—A. He said he wrote three
on white paper, as I remember.
Q. Did he my Mr. Frank took a
piece of green paper and wrote some
thing like an ”M” on it?—A. Yes.
y. Still, he didn’t say anything
about seeing the body?—A. No.
Q. Mr Scott, what sort of a look
ing negro was Conley the first time
you saw him?—A. He was dirty and
ragged.
Q. You saw him h«re the other day
and he was spick as an onion, wasn't
he?—A. Yes.
Tells of Frank’* Arrest.
Q. What time of the day was Frank
arrested?—A. About 2 or 3 o’cloek.
Q. Didn’t you go to the factory and
get him at 11:30 o’clock?—A. Yes.
y. Is it not true that all I did about
it was to get him a guard so that
he would not be put in a cell?—A.
Yes.
y. Conley told you that the reason
he had been washing the shirt was
that he had been wearing it three
weeks?—A. Yes.
Q. Is it not true that you told Con
ley every time you thought he was
lying. ‘‘That won't do. you will have
to do better than that”?—A. Yes.
Q. Didn’t he say when he gave you
that final affidavit that It was the
whole truth*—A. Yes.
The jury at this moment took a
five minutes recess, during which
time they were served with soft
drinks.
Striker Arrested on
Charge of Assault
MOBILE, Aug. 7.—Joseph Mahler, a
union machinist, was arrested here
to-day by City Detective J. W. Mur
phy on a warrant charging him with
assaulting William Agnew, a strike
breaker, last night after he left the
Home Industry Foundry.
William Kling, operator of the
foundry where Agnew was employed,
denounced the swearing out of the
warrant for disorderly conduct as a
farce, as it was purely a case of as
sault. The police to-day are guarding
all the iron plants in anticipation of
trouble.
President Anderson Casts Decid
ing Vote—Bills Abolishing At
lanta J. P. Courts Passed.
The Georgia Senate refused Thurs
day morning after a heated debate
to reconsider the Stark bill providing
for the appointment of a commission
er to dispose of the Governor’s Man
sion; agreed to reconsider the Joint
resolution looking to the release of
the Western and Atlantic Railroad,
which was defeated Wednesday aft
ernoon, and passed two bills of im
portance, the first providing for the
election of United States Senators by
the people so as to enform with the
Federal amendment, and the second
making the wife a competent but not
compelable witness against the hus
band.
The effort to have the Senate re
consider its action in defeating the
bill looking to the disposition of the
Governor’s Mansion precipitated de
bate even spicier than that indulged
in Wednesday afternoon.
Senator McGregor, of th e Nine
teenth, created a sensation when he
charged that the “Andrew Carnegie
of the South" had bought up all the
property in the neighborhood of the
Governor’s Mansion and now evident
ly wanted that.
Anderson Breaks Tie.
“I don’t war.t to see one man buy
up the whole State jf Georgia,” lie
said.
The proposed commission, consist
ing of the Governor, the President
of the Senate, the Speaker of the
House, three Representatives and two
Senators, the Senator declared fur
ther. was composed of human beings,
“and human being are always sus
ceptible to influence,” he added.
The motion to reconsider was finally
lost 22 to 21, President Anderson
breaking the tie by voting “gainst
the measure, Inasmuch as he was one
of the members of the propose,!
commission.
The motion to reconsider the West
ern and Atlantic Raifroad lease reso
lution was passed unanimously by the
Senate, and. upon motion of Senator
Sweat, author of the original bill, was
recommended to the General Judiciary
Committee.
In addition to the two general bills
the Senate Thursday morning passed
two Important House bills. One pro
vided for the creation of a municipal
court in Atlanta by abolishing the
present justice courts, Justices of the
peace and constables, and the other
raises the tax on corporations.
State Farm Removal Opposed.
According to Senator Miller, of the
Finance Committee, the State Treas
ury will receive approximately $48.-
000 more than it now receives by this
bill. A companion House bill pro
viding for the increase in the tax on
bottling beverages was also passed.
Senator Huie’s bill providing for an
increase of State Senatorial Districts,
adding sixteen Senators to the pres
ent membership, was being debated
when the Senate adjourned at 1
o’clock.
The Senate Agricultural Committee
Thursday reported unfavorably on the
bill providing for the removal of the
experiment station from Griffin.
Among the new bills in reduced in
the Senate Thursday morning was one
by Senator Elkins, of the Fifteenth,
providing for the protection of birds
and fish.
K. of C. Vote Not to
Move Headquarters
BOSTON, Aug. 7.—The Knights of
Columbus at the thirty-first annual
convention to-day voted down the
plan to remove the national head
quarters of the order from New
Haven. Conn., to Washington.
Those who favored the plan da-
clared that, if the headquarters were
moved, a $1,000,000 home would be
erected at the National Capital.
Barrow Appointed
Customs Collector
WASHINGTON, Aug. 7. — The
President to-day sent to the Senate
the following nominations:
Madison R. Smith, of Missouri, to
be Minister to Haiti, and David C.
Barrow, Jr., of Georgia, to be Collec
tor of Customs for the District of
Georgia.
CAN’T REBUILD COMPRESS.
AUGUSTA. Aug. 7.—The Riverside
Compress will be unable to rebuild
in time to do any business this year.
At least this is the opinion of L. G.
Doughty, president of the $100,000
concern which was burned to the
ground here yesterday.
Dixie Major Shot
In Battle in Africa
LOUISVILLE, KY\, Aug. 7.—Major
Charles S. Young, U. S. A., in charge of
the military expedition sent to Liberia
by the United States to train the Li
berian army in modern warfare, was
auoi in the right arm and seriously
wounded while leading Liberian in
battle with one of the fierce tribes oi
the interior. A letter from Major Wil
son Ballard, of Louisville, told of the
fray.
Young has been ordered to his home
in Green County until he recovers from
the wound and “black fever” which fol
lowed. . |
TELEGRAPHER BANKRUPT.
Allen C. Travis, a telegrapher.
Thursday filed a voluntary' petition in
bankruptcy. He admitted liabilities
of $479.13, with no assets.
The Best Food-Drink Lunch at Fountains
FALLS 3 STORIES IN SLEEP.
CHARLESTON, Aug. 7.—Neai j
Rowe, a plumber, dreamed that his j
wife asked him to get her a drink
of water. He seized a convenient
jar and walked out of a third story j
window, falling to the yard below.
His head was tnjured, but otherwise I
he was unhurt. I
I
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NEHTO. BLOOD
and Skin r*n*ra*rs.
STRICT UK*.
Prret a tic Troubles,
VARICOCELE.
HYDROCELE.
Kidney. Bladder
and Urinary
Dleeaaee. Pliea and
All Chronic and
PriraU
Sale Now On
“Correct Dress for Men”
August Reduction Sale
Per Cent Off for Cash
On our entire stock of Men’s and Young Men’s fine Spring and
Summer Suits. Cassimeres, Worsteds, Cheviots, Homespuns,
Crash, Mohair, Blue Serge. Notliing reserved. 125 Suits in Mo
hair, Cheviots and Worsteds just received (late delivery). All
are included in this sale.
All Suits That Were:
$15.00 Reduced to $10.00
$18.50 Reduced to $12.35
$20.00 Reduced to $13.35
$22.50 Reduced to $15.00
$25.00 Reduced to $16.65
$27.50 Reduced to $18.35
$30.00 Reduced to $20.00
$35.00 Reduced to $23.35
25 Per Cent on All
Odd Trousers
$5.00 Pants, now....
. . . .$3.75
$6.00 Pants, now....
.. $4.50
$7.00 Pants, now. . . .
... . $5.25
$8.00 Pants, now. . . .
. . $6.00
$9.00 Pants, now. . . .
. . $6.75
$10.00 Pants, now . .
. . $7.50
We sell the famous
Trousers.
Paragon
ALL STRAW AND PANAMA HATS 1-2 PRICE
I
Our Suits are made from the best foreign and domestic woolens, by Ameri
ca’s foremost tailors, in sanitary workrooms.