Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 08, 1913, Image 4
—
THE ATLANTA GEORGIAN AND NEWS.
2741
Ft
LEO FRANK AIDS HIS LAWYERS IN QUESTIONING OF WITNESSES
For First Time Prisoner Takes Active Interest in Trial for His Lite
U\
REFUTE TESTIMONY OF
WOMAN DENIES SHE
EVER VISITED PENCIL
PLANT WITH DALTON
Contnued From Page 2.
in* a rot, a bed or a sofa?—A No.
Q. Did you And anythin* that look
ed like a bedroom, except the ladies'
room?—A. No.
Hooper Croat-Examines.
Attorney Hooper took the witness
on cross-examination.
Q. Who told you the location of
the body?—A. Mr. Schiff
Q. H ( . was under Mr. Prank In the
factory? A. Yes.
Q. Then if that location was wrong
all of your measurements were
wrong °
Arnold objected and his objection
was sustained.
Q. You based all your measure
ments on Mr. rich iff’s locatibn of the
body?—A. Yes.
q. if that was wrong, all of your
measurements were wrong 1 mean
about lines of vision, etc.?-—A. Yes.
Q. You found a gas Jet burning in
the basement? Where was it?—A.
Near the front.
Q. 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 see any.
Q. On the first floor you say there
la a trap door near the elevator two
feet by two feet three 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
Q. Two people couldn't get through.
A. No.
Q The scuttle hole back on the
first floor leads to the basement?—A.
Yes, to the dustpan in the back
Q. A man doesn’t look in a curved
line, does he? A. No, sir.
Q. 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.
Q. Anyone coming into this office
could see if anyone was in there,
couldn't he, if the door adjoining was
open?—A. Yes.
Q. Nobody standing on the fourth
floor at the head of the stairway
could see dow r n to the second floor? *
A I don't think they could.
Q. Don’t you know they couldn't?—
A Thev 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 first 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 his 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.
Yew.
Q. Would there be any trouble
dropping a body down that scuttle
hole?—A. No.
Q. Mr. Hooper asked yotl 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 horn**, isn’t it?—A. Yes.
Q. Where was the refrigerator in
the kitchen?—A. Right here.
Q How far is it from this corner
of the room to the kitchen 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 Sellg home with ref
erence to Pulliam. Washington and
Gleen streets and Georgia avenue.
Solictor Dorsey made no obpection
*J. G. Adams, a photographer, was
next called to the stand. Arnold ques
tioned him.
Q. Did you go to the Sellg 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 pic
tures to the Jury as we go along?”
Dorsey—It's against the rule, your
honor. They would not let me do it.
R osppr __Oh, get the witness down
off the stand arid come before the
Jury. You can do it that way. Don’t
bother about Hugh
Shows Photos to Jury.
The witness presented pictures of
the open door of the safe in the
outer office, excluding the view into
th»- 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
views of the elevator shaft on the sec
ond floor. He showed pictures of
Miss Daisy
Hopkins
contradicts his
story told to
corroborate
Conley.
the wooden ware department? How
did you find it?—A. It was broken
open after the murder.
Q. Had you noticed it before?—A.
No.
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.
Was Dark and Cloudy Day.
Q. Is there any way of locking or
bolting the door opening to tjie metal
room from the inside?—A. No, sir.
Q. 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.
Q. Do you remember the machine
The Frank
trial audience
laughed when
C. B. Dalton
said he didn't
know where he
was born.
~~rv;:
fj*'
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 were all over the
factory?—A. Yes.
Q. 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 find 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.
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 the metal room down the steps?
—A. I did.
Mr Arnold—-I want to 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
rate 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. Hooper went over the diagram
of the S?lig home with the witness
y. When did you take a photograph
of the Selig home?- A. That was more
recent.
y. A slight change of the position
of that sideboard would have made
the whole ro6m 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 thp
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 Kpps, the newsboy who
declared that he came downtown on
the same car with Mary Phagan, was
recalled by the defense, but was no*
In court. Mr. Arnold addressed the
court:
"Your honor,” he said, "wo are very
anxious to get this boy here. 1 un
derstand he said he is not coming.”
Judge Roan said he would issue an
attachment for him.
K. J. Hinehey, manager of the
Southern Plow Pipe Company, resid
ing at 391 Peachtree street, was call
ed. Attorney Arnold questioned him.
y. Do you know Leo M. Frank?—
A. Yes.
Q. How long have you known
him?—A. Four or five years.
Q What is your business?—A. Me
chanical engineer with the Southern
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Blow Pipe. Company.
Q. Did you see Mr. Frank on Me
morial Day?—A. Yes.
q. Where?—A. Near the Capitol. I
was in an automobile and he was on
a WaMhington street car. At least the
car was on Washington street.
y. What 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 I
I became very much interested and
remembered doing certain things on
Memorial Day { left home between
1 and 1:10 o’clock and w**nt through
♦he same maneuvers to determine jus:
what time I would have reached the
< lapltol.
Attorney Hooper took the witness
on cro.Jk-examination.
Q. How many times did you see Mr
Frank as you were making the trip?
—--A. Just once.
Q. He was on the inside of the
car?—A. Yes.
q. You had your hands full, didn’t
you?—A. Not altogether. 1 am an
expert driver.
y. 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 sedn
Mr. Frank in jail?—A. Only once.
Q. Did you discuss this thing with
him?—A. Yesi.
Q. Was it before or after the Cor
oner’s inquest?—A. It was a long time
after that.
Q. 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 Mubpenaed then?
—A No. 1 knew that I would be. My
attorney. Leonard Haas, asked me if
I would be a witness.
y. Is he an attorney for Frank?—
A. No; he Is our attorney.
Q. What is your company?—A.
South Atlanta Blow Pipe Company.
Q. Tell me. now. why you went
down there to the Jail?—A. I 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 ease 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 set -
ond floors. It was made by P. H.
VYlllet, a pettern maker, and John
Cox, of Arnold & Arnold law office,
who is also a pattern maker It s
without exterior walls and has all
the various departments and little
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.
Q. You had the dimensions of the
National Pencil Company’s building
in making this model, didn’t you?—A.
Yes.
y. Followed the proportions :n
making this model?—A. Yes.
Q. You did not try tq make fully
any model, did you—I mean you did
not make it complete?—A. Not en
tirely.
Q. Did you make any measure
ments of the factory?—A. Not my
self.
y. Did Mr. Coughlin furnish you his
blue prints?—A. No, Mr. Scott gave
in
the blue prints.
Finds Errors in Plans.
Attorney Hooper took the witness
on cross-examination.
y. Didn’t you make this front dc.tr
exactly as it is?—A. I made ti ac
cording to the blue prints.
Q. You don’t pretend to say that
the windows in tile front of the third
floor are at al* correct?—A. 1 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 get it unless il is given.
y. Was the height given in this
case?—A. For the ground floor it
was.
y. You just put in the height for
the other floors?—A. I elected those
heights.
y. 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. 1 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.
y. Is that the only mistake you
made?
Arnold Interrupted. ”1 object
him calling it a mistake,”
said.
Attorney Hooper said be
through with the witness, and Arnold
took him on the redirect examination.
q Does this purport to represent
the height?—A. No. it is only the
ground plan.
y. Were you 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.
Q. I wish you would examine this
model and t* il me whether or not it
fairly represents a ground plan of
the National P^iicil Fact oty.
With Mr. Arnold questioning him.
Darby pointed out the important
points of the inside of the factory, as
represented in the model.
Q. 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.
Q. If anybody would come down
those stairs from the second floor,
how far would you have to take them
to throw them down the elevator
shaft?—A. About 12 feet.
Door Broken Open.
Q. 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.
Q. 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.
Q. If Jim Conley said you left at
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
I 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 Chassaign. a young priest, with
whom she was infatuated, was ac
quitted in the Criminal Court at Ager.
to-day.
Her defense was that the priest
committed suicide, but the prosecu
tion contended that the woman killed
her sweetheart in a jealous rage.
Arkansas Justice to
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
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 that ha
assisted in the disposal of the body;
when every motive for holding anv-
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 the«?e 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 < dared he had sesn
them both and so testified on the
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, hut 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, tn 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 frarfting 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 th<
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 fit, Jim,’ and Jim
would get something that did fit; isn’t
that so?”
to
Arnold
11 o’clock, is it true, or not?—A. It
is not true.
Q. 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*
—A. Mr. Leo Frank.
Q. Did you see Jim Conley?—A.
No.
Q. Where did you go?—A. Mr.
Frank went to Montag’s and I went
to the Montgomery Theater.
Q. Did you take a drink of soda
water together?—A. Yes.
Q. Did you ever call upon Satur
day afternoons?—A. Yes, almost
every Saturday. I called to find out
about the finance sheet.
Q. 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 i
Saturday?—A. Yes.
Q. Did you see this negro Conley
there Monday?—A. I did.
Q. How did he appear?—A. He j
looked excited. So much so that I i
told the watchman to keep an eye j
on him.
Dorsey objected: “I object to what '
he told someone else.”
Judge Roan sustained the objection ’
over the protest of the defense.
Q. Did you ever pinch or joke with 1
Conley?—A. I didn’t call it joking. I
have kicked him when I found him j
loafing. He always laughed.
Q. Did you ever see Mr. Frank
joke him him?—A. No.
Dorsey took the witness on cross-
examination.
Q. Did you contribute to the fund
to defend Frank?—A. No.
Q. Do you know Daisy Hopkins?—
A. 1 never heard of her until yester
day.
Q. Are you acquainted with her
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, where 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.
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Don’t be fooled by usin* some fake preparation which claims to straighten
your hair. Kinky hair can not be made straight. You are Just fooling yourself
using it You have to have hair before you can straighten it. Now this EXEL-
EN'TO QUININE POMADE is a Hair Grower w'hich feeds the scalp and roots
of the hair and makes hair grow very fast and you soon can see the results
after using several times It is a wonderful hair grower. It cleans dandruff
and stops falling hair at once. It haves harsh, stubborn, nappy look.ng hair
soft and silky, and you can flx up your hair the way you want it. We give
money back if it doesn’t do the way we claim. Try a box.
Price 25 cent* by all druggists or
by mall on receipt of stamps or coin.
Agents Wanted Everywhere. Write for
particulars to-day.
EIEIENTQ MEDICINE COMPANY, ATLANTA. 6A.
DOUGHERTY-LITTLE-REDWINE 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
R. F. D. No. 1, Atlanta, Ga.
Atlanta Phone 5856-A