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4 TTTTC ATLANTA GEORGIAN ANT) NEWS. LEO For FRANK AIDS HIS LAWYERS IN First Time Prisoner Takes Active QUESTIONING OF Interest in Trial WITNESSES for His Lite ; REFUTE TESTIMONY OF WOMAN DENIES SHE EVER VISITED PENCIL PLANT WITH DALTON Contnued From Pag© 2. Ing a cot, a bed or a sofa?—A. No. Q. Did you find anything that look ed like a bedroom, except the ladles' room?—A. No. Hooper Cro«»-Examines. Attorney Hooper took the witness on cross-examination. Q. Who told you the location of the body?—A. Mr. Schlff. y. He was under Mr. Frank in the factory?—A. Yes. y. Then if that location was w'rong all of your measurements were wrong? Arnold objected and Ills objection was sustained. y. You based all your measure ments on Mr richifT’s location of the body?—A. Yes. y. If that was wrong, all of your measurements were wrong 1 mean about lines of vision, etc.?—A. ^ es. y. You found a gas jet burning in the basement? Where was it?- A. Near the front. y. On the third floor you depended for light on the front doors and win dows?—A. Yes. Q. These are all glass?—A. Yes. Q. There is also a gas Jet farther back?- A. I didn't se'* any. Q. On the lirst floor you say there is a trap door near the elevator two feet by two feet thr**ei inches, lead ing to the basement? A. Yes. Trap Door Small. Q. A man of your size would have a hard time getting through there, wouldn’t he? A. Yes. y. Two people couldn’t get through? A. No. y. The scuttle hole back on the first floor leads to the basement?- A. Yes, to the dustpan in the back. y. A man doesn't look in a curved line, does he? A. No, sir. y. Well, what do these curved lines on the second floor mean?—A. Those indicate the direction he probably walked. Several of the jurymen were inat tentive to these demonstrations. y. Anyone coming into this office could see if anyone was in there, couldn't he. if the door adjoining was open?—A. Yes. y. Nobody standing on the fourth floor at the head of the stairway could see down to the second floor?— 1 A. I don't think they could. Q. Don’t you know they couldn’t? A They might have a little view. Frank Suggests Query. Arnold took the witness on the re direct examination. At the suggestion of Frank. Arnold asked the witness how near Frank’s office there was a lavatory. The witness did not know. Arnold also asked him at Frank’s suggestion how far It was from the back of the stairs on the ilrst floor to the top of the stairs at the second floor. The answer was 27 feet. The identification of the plant and the measurements were carried on with the Jury grouped around the witness on the edge of the jury box. Frank arose and walked over to Mr. Rosser to make bl5 suggestions. Ros ser whispered the questions to Arnold, who was making the examination. Q. You did not make any test to see whether a person could view from the third to the fourth floor” A. Yes. Q. Would there he any trouble dropping a body down that scuttle hole?—A. No. Q. Mr. Hooper asked you if it was dark by the elevator, was it?--A. Rather dark. Might See Mirror. Hooper took the witness. Q. This is your diagram—that block on Georgia avenue?—A. Yes. Q. This is your diagram of the Se- lig home, isn’t it?—A. Yes. y. Where was the refrigerator in the kitchen?—A. Right here. Q How far is it from this corner of the room to the kttehen door?—A. About four feet Q. A man sitting in this corner could see that mirror, could he not?— A He might. Arnold took the witness. Q. Could a person standing or sit ting anywhere near this kitchen door see the mirror or any part of it?—A. No. The witness was then excused. Attorney Arnold tendered as evi dence the diagram of the factory, the plat of the Seiig home with ref erence to Pulliam, Washington and Gleen streets and Georgia avenue. Solictor Dorsey made no obpeetion J. G. Adams, a photographer, was next called to the stand. Arnold ques tioned him. Q. Did you go to the Pelig home and take some pictures?—A. Yes. Q. Did you take a couple of photo graphs, one from the kitchen door on the outside and one from the hall way looking into the dining room? — A Only a portion of the window. Q. Could you see the mirror from this view-?—A. No, Q. Did you take one from the inside of the door?—A. Yes. Arnold addressed the court: “Your honor, may I show these pb tures to the Jury as we go along?” Dorsey—It’s against, the rule, your honor. They would not li t me do It. Rosser—Oh, get the witness down off the stand arid come before the Jury. You can do it that way. Don’t bother aoout Hugh* Shows Photos to Jury. The witness presented pictures of the open door of the safe in the outer ofllce, excluding the view into the inner office. He also showed a picture taken outside of the outer of fice which showed that, with the safe door open, the view into the inner of fice was excluded. He showed pic tures of the basement and a series of view s of the elevator shaft on the sec ond floor. He showed pictures of Miss Dais^ Hopkins contradicts his story told to corroborate Couley. the woodenware department? How did you And it?—A. It was broken open after the murder. y. Had you noticed it before?—A. No. y. Sitting in Mr. Frank's office, can you see the time clock?—A. About half of it. Q. Could you see into Mr. Frank’s office from the outer office door, with the safe door open?—A. Standing at the door, I would have to stand on tiptoe to see over it. Was Dark and Cloudy Day. Q. Is there any way of locking or bolting the door opening to the metal room from the inside?—A. No, sir. y. Is there a bed or a cot or any thing of the sort in the whole build ing?—A. Only two boxes in the base ment with dirty sacks on them, y. Do you remember the machine The Frank trial audience laughed when C. B. Dalton said he didn’t know where he was born. where Jim Conley is said to have sat on the first floor; also pictures of the plating room and a box near where Conley said he got the cloth in which he wrapped the Phagan girl’s body He showed a picture of the lathe where some hair was found. Q. Did you take a picture of the path a person would take coming from tne metal room down the steps? —A. I did. Mr. Arnold—I w-ant show the ex tent of the machinery in this metal room. The attorney passed a number of photographs before the jury. Q. In every one of these instances, Mr. Adams, did you make as accu- ,ate photographs as possible?—A. 1 did. Hooper Quizzes Picture Man. Attorney Hooper took up the cross- examination. Q. How long since you took these photographs?—A. About a month. Mr. Hm>per went over the diagram of the home with the witness y. When did you tuke a photograph <»f the Sellg home? -A*. That was more recent. y. A slight change of the position of that sideboard would have made the whole room visible through the mirror? A. It would have made some of It visible. y. Wouldn't it have made it all visi ble?—A. I can’t say. The witness was excused. All of the photographs taken by him were of fered as evidence without objection on the part of the State. Court then took a recess until 2 o’clock. Call for George Epps. At the opening of the afternoon ses sion. George Fpps, the newsboy who declared that he came downtown on tlie same car with Mary Phagan. was recalled by the defense, but was no* in court. Mr. Arnold addressed the court; "Your honor,” he said, “we are Very anxious to get this boy here. I un derstand he said he is not coming.” Judge Roan said he would issue an attachment for him. H. J. Hinchey. manager of the Southern Blow Pipe Company, resid ing at 391 Peachtree street, was call ed. Attorney Arnold questioned him. Q Do you know Leo M. Frank?— A. Yes. Q How long have you known him?—A. Four or five years. Q What is vour business?—A. Me chanical engineer with the Southern The Best Food-Drink Lunch at Fountains Insist Upon GENUINE HORLICK’S Avoid Imitations- Take No Substitute Rich milk, malted gram, in powder form. More healthful than tea or coffee. For infants, invalids and growing children. Agrees with the weakest digestion. Furenutribon.upbudding the whole body. Keep it oq your sideboard at home. |vigorate& jmrtmg mothers and die aged. A quick l^ach prepared in a minute. Blow Pij>e Company. y. Did you see Mr. Frank on Me morial Day?—A. Yes. y. Where?—A. Near the Capitol. I was In an automobile and he was on a Washington street car. At least the car was on Washington street. y. VHiat time was it?—A. Between 2 and 2*: 15 o’clock. How He Remembered. Q. How did you know that it was that time?—A. When he was accuse ! X became very much Interested and remembered doing certain things on Memorial Day. I left h-ome between 1 and 1:10 o’clock and went through the same maneuvers to determine just what time 1 would have reached the Capitol. Attorney Hooper took the witness on cross-examination. y. How many times did you see Mr. Frank as you were making the trip? —A. Just once. y He was on the inside of the car?—A. Yes. y. You had your hands full, didn’t you?—A. Not altogether. I am an expert driver. Q. You didn’t see anybody else that you recognized on the car. did you?— A No. Discussed It With Frank. Q. How many times have you seen Mr. Prank in jail?—A Only once. y Did you discuss this thing with him?— A. Yes. Q. Was it before or after the Cor oner's inquest?—A. It was a long time after that. y. Who else did you tell of this?— A. Several other people besides him Many of them before 1 even saw the lawyers. Q. What was the object of your visit? Were you subpenaed then? A. No. I knew that I would he. My attorney. Leonard Haas, asked tne if I would* be a witness. Q. Is he an attorney for Frank?— A No: he is our attorney. Q. What is your company?—A South Atlanta Blow Pipe Company. y. Tell me. now. why you went down there to the jail?—A. 1 had an interest in the case Mr. Frank was never a personal* friend of mine, al though 1 have known him in a busi ness way for five years. I was in terested* in the case purely because I knew Mr. Frank in a business way. The witness was excused. Model of Factory Shown. The defense’s model of the National Pencil Company’s building was brought in. it was a pasteboard affair, with wooden staves, built on a scale of 3-8 inch to a foot. It dis played the basement, first and sei - ond floors. It was made by P. H. Willet. a pettern maker, anil John Cox, of Arnold & Arnold law ofllce, who is also a pattern maker. It is without exterior \yalls and has all the various departments and littL* blocks of wood indicating the ma chinery and other furniture on dif ferent floors. Mr. Willet was called to the stand. Attorney Arnold ex amined him. y. You had the dimensions of the National Pencil Company's building in making this model, didn't you?—A. | Vi s. y. Followed the proportions m i making this model?—A. Yes. Q. You 'did not try to make fully ! any model, did you—I mean you did j not make it complete?—A Not en- : tirely. y. Did you make any measure- ! ments of the factory?—A. Not my- | self. y. Did Mr. Coughlin furnish you his i blue prints?—A. No, Mr. Scott gave me the blue prints. Finds Errors in Plans. Attorney Hooper took the witness on cross-examination. y. Didn't you make this front door exactly as it is?—A. I made ti ac cording to the blue prints. y. You don’t pretend to say that the windows in the front of the third floor are at all correct?—A. I did not make them. Here the court stenographer com plained that he could not under stand the witness. Hooper: “It is not our fault that he won’t talk out.” The witness Anally said that the windows had been put in since he finished his design Q. Mr. Willet. how do you get the height from a blue print?—A. We don't got it unless it is given. y. Was the height given in this case?—A. For the ground floor it was. Q. You just put in the height for the other floors?—A. 1 elected those heights. Q. Look at this trapdoor hole leading into the basement. You don’t mean to tell this jury it was cut in the same proportion of 3-8 inch to a foot?—A. I could not tell without measuring it. Least Bit Out of Proportion. The witness was given a rule to make the measurements. He said it was a least bit out of proportion. y. Isn’t It true that the same' kind of looseness applies to various parts of this model?—A. No. Q. Is that the only mistake you made? Arnold interrupted. “I object to him calling it a mistake." Arnold said. Attorney Hooper said' he w^s through with the witness, and Arnold took him on the redirect examination. y. Does this purport to represent fhe height? A. No, it is only the ground plan. y. Were yerti given instructions to correctly follow this ground plan?— A Yes. Q. Did you do so?—A. Yes. Darley Looks at Model. N. V. Darley. assistant superinten dent of the National Pencil Company, was recalled to the stand. Attorney Arnold questioned him. y. I wish you would examine this model and teil me whether or not it fairly represents a ground plan of the National Pencil Factory. With Mr. Arnold questioning him. Darley pointed out the important points of the inside of the factory, as represented in the model. y. Is that chute that leads to the basement large enough for a body to pass through?--A. Yes. Q. How far from where Mary Pha- gan’s body was found would a body have been that fell through the chute?—A. Thirty or forty feet. y. If anybody would come down those stairs from the second floor, how far would you nave to take them to throw them down the elevator shaft?—A. About 12 feet. Door Broken Open, y. How about the door leading to little Mary Phagan worked on?—A. I don’t remember seeing her at it, but I remember which one it was. y. If those doors to the stairway, leading up to the third floor, were open, one could get into the metal room from the rear, couldn’t they?— A. Yes. Q. Is this a good model?—A. It is. Q. What kind of a day was April 26?—A. Cloudy and dark. Q. Was the space around the front door darker than usual?—A. Yes. Q. Sitting in Mr Frank’s office, can *you see the time clock?—A. About half of it. Q. Could you see into Mr. Frank’s office from the outer office door with the safe door open?—A. Standing at the door, I would have to stand on tiptoe to see over it. Left Factory With Frank. Q. What time did you leave tha factory Saturday morning, April 26? —A. About 9:40 o’clock. y. If Jim Conley said you left at II o’clock, is it true, or not?—A. It is not true. y. Is it true that Conley said that you came to the factory after 10:30 o’clock, just after Conley arrived? Hooper interrupted: “The Supreme Court has held that one wtiness can not pass on the truthfulness of an other. I object to both of these questions.” Judge Roan sustained the objec tion. Q. Who left the factory with you 7 —A. Mr. Leo Frank. Q. Did you see Jim Conley?—A. No. y. Where did you go?—A. Mr. Frank went to Montag’s and I went to the Montgomery Theater. y. Did you take' a drink of soda water together?—A. Yes. y. Did you ever call upon Satur day afternoons?—A. Yes, almost every Saturday. I called to And out about the finance sheet. y. Was Frank always there?—A. Always, but one time. Conley Looked Suspicious. Q. Mr. Dalton testified that last year he came in contact with a ne gro night watchman there. Did you have a negro night watchman then?— A. We always had a white night watchman until about April 1. Q. I will ask you if the finance sheet was not always made up on Saturday?—A. Yes. y. Did you see this negro Conley there Monday?—A. I did. Q. How did he appear?—A. He looked excited. So much so that I told the watchman to keep an eye on him. Dorsey objected: “I object to what he told someone else.” Judge Roan sustained the objection over the protest of the defense. y. Did you ever pinch or joke with Conley?—A. I didn’t call it joking I have kicked him when I found him loafing. He always laughed. y. Did you ever see Mr. Frank joke him him?—A. No. Dorsey took the witness on cross- examination. y. Did you contribute to the fund to defend Frank?—A. No. Q. Do you know Daisy Hopkins?— A. I never heard of her until yester day. Q Are you acquainted with her general reputation?—A. No. Q. When did you And that door open?—A. Three days after the crime. Q. People were going in and out of the factory all the time, were they not?—A. Yes. Body in Public Place. Q. Detectives wer** all over the factory?—A. Yes. y. They went through the door, didn’t they?—A. Yes. Q. Don’t you know this trap door was nailed down until the insurance people went through there?—A. No. Q. Don’t you remember two or three days after the murder you saw me go up those steps and And the door nailed?—A. I don’t recall what door. I found it open. Q. Don’t you know that if a per son had dropped a body down that chute, it would have been a better hiding place for it than anywhere else in the factory? Arnold: I object to the question. Dorsey changed the question. Q. Well, then, which is the most public, this spot where the body was found, or back behind the boxes at the chute?—A. Where the body was found. Sheriff Mangum Answers Handcuffing Criticism. Sheriff Mangum issued the follow ing announcement to-day: To the Public and Citizens of Fulton County: Some complaints are being made in regard to the handcuffing of a pris oner while being transported to and from the Tower to court. When only one prisoner is to be handled, if he is not violent or un ruly he is allowed to go with an offi cer or officers without being hand cuffed, be he white, black or any oth er color known on earth, regardless of sex, creed or nationality. The Sheriff and his deputies are responsible for the safe handling of a prisoner and my belief is that the people of Fulton County have confi dence in their Sheriff and his men. Respectfully, C. W. MANGUM. Sheriff. Atlanta, Ga., Aug. 8, 1913. Poetess Freed of Slaying a Priest Special Cable to The Atlanta Georgian. PARIS, Aug. 8.—Mme. Crespy, the poetess, charged with the murder of Abbe Chassalgn. a/young priest, with whom she was infatuated, was ac quitted in the Criminal Court at Ager, to-day. Her defend was that the priest committed suicide, but the prosecu tion contended that the woman killed her sweetheart In a jealous rage. Arkansas Justice tt> Seek Clarke's Place LITTLE ROCK, ARK., Aug. 8.— Associate Justice William F. Kirby, of the State Supreme Court, an nounces he will be candidate against United States Senator James P. Clarke, who shortly will announce for re-election. Kirby was formerly Attorney Gen eral of Arkansas and cordially sup ported George W. Hays in the recent gubernatorial elections. Escaped Leper in Flight to Mexico ST. LOUIS, Aug. 8.—George Hart man, the leper who was taken to the isolation cottage yesterday, escaped from there to-day and made his way to the home of his wife, w'here he obtained $200 and departed, saying he was going to Mexico. Hartman is said to have contracted the disease in the Philippines, where he served in the army. TELEGRAPHER BANKRUPT. Herbert E. Darley, a telegrapher, filed a voluntary petition in bankrupt cy Friday. 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CONLEY'S STORY PUT IN LIEUT WHEN GALLS SCBn Harry Scott, of the Pinkerton agency, showed up the “confessions” of Conley in a peculiar light when he was called to the stand by the Frank defense Thursday afternoon. The detective, questioned by Luther Rosser, told the jury that Conley, when he “had told everything;” when he had accused Frank of the killing and had made himself an accessory after the fact by declaring tha*t he assisted in the disposal of the body; when every motive for holding any thing back had been swept away by his third affidavit, still denied to him (Scott) many of the alleged cir cumstances to which he testified while he was on the stand the first three days of the week. It will be the contention of the defense that these many additions to Conley’s tale, inasmuch as all rea son for concealing them had passed after Conley had come out with his accusations against Frank and his confession of his own part in the crime, are pure fabrications of the black man’s imagination, as are the other details of his tale. Scott said that he had grilled and badgered Conley repeatedly about seeing Mary Phagan enter the fac • tory. Even after the negro had made all his incriminating statements, he steadfastly denied seeing the girl victim go up the stairs to the sec ond floor. Denied He Had Seen Purse. He denied also to Scott, the detec tive said, that he ever had seen the girl’s mesh bag or parasol, or that he ever had heard a girl’s scream while he was sitting on the first floor. He told the detectives that he did not see Lemmie Quinn or Mon- teen Stover enter the factory, al though he later < glared he had sem them both and so testified on tho stand. Conley said on the stand when he was questioned by Rosser that he thought he had told all these things to Scott and John Black while he was making his third and final affi davit. Scott was called to testify that Conley not only had failed to tell them, but for the most part had made strenuous denials when asked about them. It was expected that Black would be called early Friday to testify on the same matter. Rosser, in his examination of De tective Scott, sought to create in the minds of the jury the impression that Conley had been guided and directed by the detectives in the framing of his string of statements ana affidavits. Scott admitted that the improba bilities in the negro’s statements had been pointed out to him, and that, with these suggestions, Conley pro- ceeded to doctor up his affidavits un til they harmonized better with the circumstances of the day. Solicitor Dorsey was loath to let any statement get into the record which indicated that Conley had been coached by the detectives, and he got Scott to say that no one had put the words in the negro’s mouth. “But you would say,” shouted Ros ser, “ ‘That don’t fif, Jim,’ and Jim would get something that did fit; isn’t that so?" It takes a baby a year or more to get six teeth. In a year or less six of yoarteeth may be seriously damaged by lack of proper care. Proper care does not meap that you have to spend an hour a day scrub bing your teeth. Just two or three minutes in the morning and two or three at night. And the care that you give your teeth is an investment that comes back a hundred fold in better health, and a better chance to make your mark in the world. Afewcentsinvestedina de licious dentifrice that gets you into the regular habit of teeth care, iscommon sense invested for your entire future life, \hu too should use COLGATE'S RtBBON DENTAC. CREAM AUGUST I5TH Is the Last Day On Which It Is Possible to Buy BEST JEL3JCO LUMP COAL AT S4.50 PER TON Henry SVSeanert Coal Co. Phones 1787 DOUGHERTY-UTTLE-REBWINE COMPANY Wholesale Dry Goods and Notions Now at 32-34 South Pryor Street Invite you to make their store your headquarters during SOUTHERN MERCHANTS CONVENTION Are you sure your drinking water is perfectly pure and — wholesome? —— You will find it a pure, soft water, free from all possible contamination. The spring is one of the most sanitary in the entire country, and this statement is also made by a number of prominent physicians. Cascade Springs Water Company Atlanta Phone 5856-A R. F. D. No. 1, Atlanta, Ga.