Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 07, 1913, Image 2

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/ 1 THE ATLANTA GEORGIAN AND NEWS. HOW CONLEY SAYS HE AND FRANK WENT TO THE FACTORY jKGATTAGS QF/YCZ CQPZr&y ATA3TS S7ZAATK 07V WXy PPANK S*PQPPZP CGNZ5Y ^ p<2P a ,' jmwws Ymar PArfnPAL pepcp p DEFENSE MS TO BREAK Tl CALLS IIS OWN EXPERTS Continued From Page 1. perience, had ever known of a physician of repute giving his opin ion as to the unconsciousness of a person with no more data than had been in the possession of Dr. Harris. Dr. Childs replied that he never had. The mysterious C. B. Dalton, who was expected to make sen sational revelations of incidents in winch Leo Frank was alleged to have participated in the National Pencil Factory, proved a very tame and commonplace witness when he was called Thursday. The most that Dalton could say was that, on several of his visits to the factory, he had seen women in Frank's office. He told of no compromising situations. He was not even able to iden tify the women. He did not know whether or not they were mem bers of Frank's own family. All that he knew was that they did not appear to be stenographers as he never saw them writing. Dalton, when he was questioned by Luther Rosser, was not even sure of his own birthplace. He thought it was somewhere in Laurens County. He explained his presence by saying that he had gone to the factory with a Miss Daisy Hopkins. He said that he saw Frank in the ofiloe with two or three women, and that cool drinks generally were in evidence. On one occasion he said Frank and his visitors were drinking beer. Detective Rosser on Stand. Detective Bass Rosser was on the witness stand for a few min utes and was questioned briefly. He testified that when he saw Mrs. Arthur White the Monday after the crime she failed to tell him that she had seen a negro in the factory the Saturday the girl was killed. He said he did not get possession of this information until May 6 or 7. It is the contention of the State that the defense suppressed these facts. At the conclusion of Detective Rosser's testimony, Solicitor Dorsey announced that he was prepared to rest as soon as Dr. H. F. Harris had completed the testimony which was interrupted by adjournment Wednesday afternoon. Dr. Harris was unable to ap pear when court opened at 9 o’clock. The prosecut'on had nothing more to present at 9:45 and a recess was taken until Dr. Harris arrived at 11:10, Reuben Arnold began at once on a cross examination of Dr. Harris as soon as the physician took the stand. He forced Dr. Har ris to say that there is much uncertainty in drawing conclusions about digestive functions and their time limitations. Solicitor Dorsey also asked for the submission of the National Pencil Company 's cash book and bank book before he rested his case. This was agreed to by Frank's lawyers. One of the most interesting pieces of evidence for the purpose of demonstration in the posses’sion of the defense is a large-sized model of the National Pencil Company constructed on an accu rate scale. Frank chatted with his wife and mother in the intermission while the court was awaiting Dr. Harris, and a little later engaged in conversation with his attorneys. Dr. Childs entered the court room and talked several minutes with the defendant. Mr. Arnold said: "Further than this witness I don't know what line we will pursue at present.” t ‘‘Did vou ever work for the National Pencil Company!” wa> the first question the Solicitor asked Dalton. Mr. Arnold interrupted. “Your honor,” he paid, “we want it understood that ue object to thi* tes timony—all of it.” Judge Roan overruled the objection “Well, we want our objection re corded,” said Rosser. Dorsey continued his questioning. “Do you know Leo Frank and Jim Conley?” continued the Solicitor. A Yet, I know them both. Q. Were you ever in the factory of the National Pencil Company?—A. *■•« t Hues hi * with Miss Daisy Hopkins?—A. Was in Basement. <4. Was Frank there?—A. Yes. Q Did you ever go down in the basement?—A. Yes The witness then pointed out on the diagram the spot he was in in the basement. Did you ever see Conley on those Visits?—A Yes. and one time l saw another negro, a watchman. <4 Did Frank know you were in the basement? A. He knew I was in the fat tory I don't know whether he knew I \va* in the basement or not. IVrsey then turned the witness ofer to the defense for the cross-exami nation. "When v' as the firs; time you saw Frank at the pencil factory?” asked Mr, Rosser. "last fall some time,” Q. Where was Frank at that time? —A. At his office. Q. Who was In there with him? A. Some ladies. Q. Were there any other men in there with him?—A. No; he was the only man. Q. Who was you with?—A. Miss Daisy Hopkins. Q. Do you know the names of the ladies in the office with Mr. Frank?— A. No. Q. Where did you go?—A. 1 went to the basement. Q. Was Miss Daisy with you?—A. j Yes. Q. When did you go to the factory again?—A Right before Christmas. Q. Who introduced you to Flunk?— A. Miss Da lay Hopkins. Q. She just suid to Mr. Frank, "This is my friend, Mr. Dalton,” did she?— A. Yes. Went to Basement. Q. You were never in his office aft er (’hrlstmas? A. No. <4 When you went into the factory with Miss Daisy, you went down to the basement with her, didn't you?— A Yea. Q. Where did you go down into the basement?—A. We went down the ladder by the elevator. Q. Where did you go in the base ment?—A. Right to where there were some boxes In the little room in the rea r. Q Where did you live lust year?— A. No. $37 East Hunter street, Q. Who did you work for?—A. Mr. Heflin, a contractor. Q Where did you work after that? A With Captain John McGinnis. Q. What time did you see Frank in his office?—A. Some time between 2 and 3 o’clock. Q. Were the windows up?—A. 1 don’t know. • Q Did you see any curtains” A No, but the office was very light. Q. There were two window* in each office, weren't there?—A. Yea. Q. Do you know whether there was anyone else in the factory when you •saw Mr. Frank?—A, Yes, the negroes were there Saw Negro Watchman. Q. What time at night was it when the night watchman was there?—A. 1 don’t know. Q. Was it a negro watchman?—A Yes. <4. Was that this year?—A. No. Q Were you evei in Walton Coun ty?—A 1 lived there twenty years. Q How long were you away from there?—A. I wnilt to Law renceville for about a year. Q. How long ago?—A. 1 don't know. 1 forget Just how long ago it was Q. Did you ever go with anyone to the pencil factory except Miss Daisy Hopkins?—A. Yes. 1 used to go to the Busy Bee and wait for the factory to close to walk home with the girls. Q. Can you name the girls?—A. Yes; Mi>< Laura Atkinson and a Miss Laura Smith, of No. 148 South Pryor street Q r>o you go there any more” A No; 1 naven’t been to the Buay Bee in a long time Q Where wore you bom?—A 1 don’t know. * Q. When you first woke up, where were you?—A. Somewhere in Walton <'ounty. Gave Conley Money. Q. As a matter of fact, you know where your family lived when you were born, don’t you?—A. Somewhere near Lawrencevllle. Solicitor Dorsey took tfie witness on the redirect examination. , <4. Did you ever give Jim Conley anything?—A. Sometimes I would give him a quarter and sometimes 60 cents. Sometimes they would have cold drinks, and sometimes they would have beer. Rosser took the witness again. Q When did you see beer there?— A. On Saturday afternoons—I don’t remember the dates. Q. (’an you name specifically any time last fall that you went there?— A. Not the day, but it was some time 4 after 2 o’clock in the afternoon. Mr. Frank would have the cold drinks on a waiter in his office. Can't Give Women’s Names. Q And that la as definite as you can fix it?—A. Yes. sir. Q Did you know’ the women be sides the ones you name?—A. No. Q. Can you describe them?—A. No. "Come down “ City Detective S. L. Rosser took the stana. <4. Since April 26, have you been engaged in this ease?—A. Yes. Q. Did you visit Mrs. Arthur White subsequent to that date?—A. Yes. Q. At what time?—Monday, April 28. Q. Did she say anything about see ing u negro at the pencil factory Sat urday?—A. No. Q. What was the first time she mentioned to you seeing a negro at the factory?—A. May 6, ”1 want to record an objection to that, your honor, ” said Rosser. Rosser took tlie witness. She Made Statement. Q Did you ask her?—A. No; but she made a statement. Dorsey took the witness on redi rect. Q Did you take anything to Dr. Claude Smith’’ -A Yes; some chips. (4 Are these the chips?—A. Yes. Q. Did you make a search of the areaway around the elevator?—A. Yes. Q. Did you find anything like this (showing the bludgeon alleged to have been found by the Pinkertons)?—A. No. (4 Would you have found it?—A. Yes. Attorney Rosser took the witness again. Q. Don’t you know this" roller has been in that factory two years?—A. It may have been but it was not on the first floor when we made our search. St*t® Win* Ruling. Q You made a good search?—A. Yes. (4. Do you know these are the same chips ?—A. Yes. 1 am sure of that. The witness was excused. Dorsey addressed the court: "1 don’t know w hether we tendered that bloody shirt or not. If we did not. I want to tender It now. I also want to enter these chips.” Attorney Rosser; "They haven’; been identified." "They were identified b> Detective Starnes and Chief Beavers,” said Dor sey. Judge Roan ruled that he would let them go to the Jury. Dorsey; State’* Case Nearly Finished. “Now. I want the cash book and the bank book of the National Pencjl (’ompany.” Arnold said they would be fur nished. Dorsey : "I want it understood as soon as Dr. Harris is able to complete his tes timony the State is ready to rest its case.” "Mr. Dorsey," said Arnold, “will you tell Mr. Dalton not to leave. We may want to recall him ” Judge Roan declared a recess until Dr. Harris could reach the court. He said it would be about 10 o'clock. Dalton Recalled for Moment. Dorsey recalled the witness. Q. Were you ever in the pencil fac tory with Daisy Hopkins?—A- Yes. Q. Did you go to the factory with her?—A. Yes. Q. Where was Frank?—A. In his office. Q. Where did you go?—A. In the basement. Q. Did he know you were there?— A. Yea. Q. Did Conley know you were there? A. Yea. Q. W T ho else?—A. The night watch man at one time. Court then had a recess until Dr. H. F. Harris, who was excused from the witness stand Wednesday on ac count of illness, could arrive in court. The recess lasted for more than an hour. Dr. Harris, when he arrived upoif the stand, was questioned upon cross-examination by Attorney Reu ben Arnold. (4. Unfavorable circumstances some times retard digestion, don’t they?— A. Well, that is a very grave matter, and there is so little data on the sub ject it is hard to answer. About External Circumstances. Q. You would not say then that external circumstances, some undue mental excitement, might delay di gestion?—A. I really don’t know. There w'as an old Roman proverb that a person should take a walk aft er eating. Others say sleeping after a meal aids digestion. Q. Then there is no set rule for di gestion? Everybody is a rule unto themselves?—A. Not altogether. The average normal stomach is about the same in digestion. Q. There is no indication on tht outside of the body that would Indi cate how far digestion has gone?—A. None whatever. (4 Don’t the pulse or temperature show indigestion?—A. No. Very many people hav^ indigestion several years and don't know it. They don’t even feel it themselves. Q. How long does the stomach take to fre« itself when it Is full?—A. That ha‘i been investigated rather thr oughly, but it varies. I would say about 7 1-2 hours. Q. How long does it take some sub stance that the stomach does not di gest to pass out?—A. That is hard to say. They probably pass through in a foreign body. Q. How long would It take?—A. That depends. The ftomcch doesn’t like to free Itself of meat until it Is emulsified. Then It goes out ver.i freely. About Digestion of Cabbage. Q. That is just the point. Does the stomach emulsify cabbage of corn?—A. Oh. yes; there is always a constant churning motion. Q. How about corn?—A. It might pass through without emulsifying. Q. Peas?—A. Yes. Q. You would not attempt to enu merate what vegetables would pass through the stomach to the intestines ’ A. No* T would not. Q. Is it not a fact that the first knowledge of digestion comes from that Canadian case?—A. Yes. Q. Is it not a fact that the only experiments before that time were made on rabbits and other animals for vegetables, and animals for meat? A. Yes. Q. Is there any animal that eats everything that man does?—A. Yes, the swine, Q. Any other?—A. I rather think the cat does. Q. Well, isn’t the wildcat a carniv- erous animal strictly?—A. I don’t know. I never associated with one. Q. You will admit that the experi ments along this line are very limited with the exception of that Canadian case?—A. Y’es. Processes Not All Understood. Q. It is practically in its infancy?-- A. Well. I would not say that. We are fairly familiar with the various juices and the process of digestion. But there is still much to learn. Q. Just what part does the mouth and saliva play in connection with the stomach and the gastric juices, and th*» lower bowels? Is not, this something that is not definitely known?—A. Yes. that is true. Q. Don’t you practice vivisection Jn these animals?—A. Yes. Q. And you have never done it <>n humans, and you don’t know how the processes take place in the human like you do in the animals?—A. Ex cept with the stomach. Q. What is the hardest vegetables to digest? I mean, leaving your ex periments and speaking from the viewpoint of science.—A. I don’t know that science has ever determined that. Q. Isn’t cabbage regarded as one of the hardest vegetables to digest?—A. I probably have heard that. It may be that after cabbage has gone through the stomach, trouble may be caused in the small intestines that may be what has given the geennl idea that cabbage is hard to digest. Q. Didn’t you say when you first testified that you couldn't tell any thing about the bread in the stom ach?—A. 1 don’t think I made* that statement. Mr. Arnold read his testimony previously given. Dr. Harris: "If 1 said that, I did not mean it in that sense. I meant that you could tell nothing about it by observing with the naked eye.” Q. You said it was impossible to slate absolutely how long that cab bage had been in Mary Phagan's stomach?—A. I rp^ant I could not state within a minute. Q. Could you tell within two min utes?—A. No, not within 3, or 4, or 5. Probably not within 10 minutes. But I could tell that it >vas somewhere between 30 and 45 minutes. Q. Doesn't it all depend on how much digestion is delayed?—A. To an extent. Q. All you are attempting to say, then, is that the process of digestion had only gone on a certain length of time?—A. Yts. Q. Didn’t you say that certain cir cumstances retard digestion?—A. Yes. but I didn’t say that anything could retard the flow of the digestive juices. No one has ever shown that anything could retard the process of digestion. Head Wound Not Serious. Q. I believe you said that wound on thp head did not cause any pres sure on the brain?—A. Yes. Q. Was it cut through to the skull? —A. Y’es. Q. What arteries were there?—A. Only some trifling blood vessels. Q I believe you said it might have bled a good deal?—A. Yes, It might. A cut on the head usually causes a good deal of blood to flow. Q. I believe you said It was riot sufficient to have caused death?—A. Yes, I did. Solicitor Dorsey then took the wit ness. Q. Mr. Arnold was asking you yes terday about poisons. Was there any evidence on the mucous membrane of poisons?—A. There could not have been any irritant poisons. Their evi dence is always unmistakable. Dr. Harris was excused. Dorsey addressed the court: "Tour honor. I wish to tender these samples of cabbage as evidence.” Arnold—We want to object to all except that taken from Mary Phagan. Continued on Page 4, Column 1, STOMACH TROUBLES Hortford'i Aotd Phosphate Produce* healthy artldty of weak and dl*or- dcred stomachs. An excellent strength builder. A dr FACE COVERED WITH PIMPLES; RESINOL CORED Atlanta. Ga.. 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