Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 06, 1913, Image 4

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4 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 PF insist Upon GENUINE HORLICK’S Avoid Imitations—Take No Substitute Rich milk, malted grain, in powder form. More healthful than tea or coffee. For infants, invalids and growing children. Agrees with the weakest digestion. Pure nutrition,upbuilding the whole body. Keep it on your sideboard at home. Invigorates nursing mothers and the aged. A quick lunch prepared in a minute. $3.50 Recips Free, For Weak Man Send Name and Address To-day— You Can Have it Free and Be Strong and Vigorous. We have in our possession a pre- \ scription for nervous debility’, lack of vigo*'. weakened manhood, failing memory and lame back, brought on by excesses, unnatural drains, or the follies of youth, that has cured ! many worn and nervous men right in their own homes—without any ad- ! ditional help or medicine—that we think every man who wishes to re gain his manly power and virility, quickly and quietly, should have i copy. So we have determined to send a copy of the prescription free of . ( charge, in a plain, ordinary sealed ! envelope, to any man who will write us for it. This prescription comes from a physician who has made a special study of men, and we are convinced it is the surest-acting combination for the cure of deficient manhood and vigor failure ever put together. We think we owe it to our fellow- men to send them a copy In confl- ! dence, 50 that any man anywhere who is weak and discouraged with repeated failures may stop drugging 1 , himself with harmful patent medi- 1 cines, secure what we believe is the quickest acting restorative, upbuild- I ing SPOT-TOUCHING remedy ever devised, and so cure himself at home quietly and quickly. Just drop us a line like this: Interstate Remedy Co., 4276 Luck Building, Detroit, Mich., and we will send you a copy of this splendid recipe in a plain, ordinary 1 envelope free of charge. A great manv doctors would charge $3.00 to $5.00' for merely writing out a pre scription like this—hut we send it en tirely free. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. Are You Sick, Diseased, Nervous, Run Down? Have You Blood Polaon, Kidney. Bladder and Urinary Troubles? IF SO. CONSULT (FREE) Dr Hughes. Atlanta’s Long Estab lished. Most Reliable Specialist, 1 cur« to •tai' cured 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.