Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 09, 1913, Image 2

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I IS \ I ) •' v ► DAISY HOPKINS DENIES VISITING PENCIL FACTORY WITH DALTON Girl Mentioned by Conley Swears That Leo Frank Never Spoke to Her STREET CAFTCREW TELL MRS, LEO FRANK PHOTOGRAPHED AS SHE LEAVES COURTHOUSE IN AUTO D f TO PENCIL FACT Continued From Page 1. down tl — u.ute in the rear of the factory, it would have dropped behind a pile of boxes where it would have been more effectively hidden than where it was discovered by Newt Lee. The solicitor claimed that the trap door over the rear stairway into the base ment was nailed. The attorneys for Frank vigorously assailed Friday the stories of two of the State’s of two of the State’s negro witnesses, Jim Conley, the accuser of Frank, and Albert McKnight, who said he saw Frank at the Selig home Saturday afternoon, April 26. The motorman and conductor of the street car on which Mary Phagan is believed to have come to town the day of her death both testified that they knew the girl and that she was on their cai* which arrived at Broad and Hunter Streets not before 12:07 o’clock. She stayed on the car, they said, until the car reached* Broad and Hunter Streets, which was about 12:10 o’clock. Con sequently, it would have been impossible for her to reach the fac tory before 12:11 or 12:12 o’clock. If the testimony of the two street car employees is accurate, it completely upsets Jim Conley’s story that he saw Mary Phagan enter the factory before Monteen Stover came in. By the Stover girl’s own testimony she entered the factory at 12:05 o’clock and left at 12:10 o’clock. Thus, she had gone by the time the Phagan girl arrived. It also serves to destroy the significance of the Stover girl’s testimony that Frank was absent from his office when she ar rived there. As Mary Phagan had not yet arrived, according to the testimony of the street car men, it could hardly be regarded as a suspicious circumstance that Frank was not in his office, if’ it develops that he really was not. The defense also contends that Miss Stover, who admits she did not enter the inner office, could have looked through the doorway without seeing Frank. called to discredit several of the State’s witnesses. He had blueprints of the SellK home which he displayed to the Jury to show that it was Im possible for Albert McKnight to have Soon after court reconvened in the afternoon, II. J. Hinchey, of No. 391 Peachtree street, man ager of the South Atlanta Blow pipe Company, appeared at the 1 from the kitchen Into the din- ,, , . , .■ in* room, as he testified he did. on courthouse under subpen of the the SatunJay aftern o.n that Prank defense to discredit the story of ! came home from the factory. Albert McKnight. McKnight tes- ! H,a testimony was to the effect that i .. . , . r-\ Montf en Stover could not have seen tified that he was at Frank s j oyer the , afe door lnt0 offlce home the afternoon of the mur- I at the time she declared she was un der and that he saw Frank board to hlm on h, ‘ r vlslt 10 th * a Georgi avenue er to return to j fj< ’* ory ® He said that there was room ror the fetory. several bodies to pass down the s'ut- Hinchey stated before he went on tie hole Into the basement. He ex- th© Ptand that he was riding In hts automobile on Washington street Memorial Day and at 2:15 o’clock he saw Frank pet off a Washington street car at Washington and Hunter streets when the car was stalled by the parade. Frank then was on his way to the factory. Earlier In the day the defense in troduced other evidence to discredit McKnfght. Photographs and blue prints of the Selig homo were dis played to show that It would have been practically impossible for Mc Knight to see Frank at the sideboard, as the negro testified when he was on the stand. Photos and Model* Introduced. Photographs and blue prints of th»* pencil factory also were put In evi dence and in the afternoon a large Mixed model of the pencil factor/, constructed on a scale of three-eights of an Inch to the foot, was brought into the court room. It was made by T. H. Willett, a patternmaker, of No. 100 Highland avenue, and John Cox, ,au attache of Reuben Arnold’s offlce. The model and blue prints were submitted In an effort to demonstrate that the State’s theory of the crime is unreasonable and preposterous, and to illustrate the theory that the de fense holda Attorney Arnold, who was conduct ing the examination during the fore noon. sought also to throw a deep shadow of suspicion upon the story of young George Kppa. ho testified that he rode uptown with Mary Pha gan the day she was killed. Matthews said that another glr! was seated with Mary the latter part of the ride to town. He did not recol lect that Epps was on the car at all The motorman said that he was re lieved at Broad and Marietta streets and that he sat behind Mary and her companion all the way to Hunter street He said the two alighted at Hunter street and proceeded toward Forsyth, on which the factory is lo cated. This Is In direct contradiction to the story of Epps, who testified that he and Mary left the car at For syth and Marietta streets and that he walked with her tow ard the fac tory as far as the viaduct. Didn’t See Epps. Hollis did not remember seeing Epps on the car. He said Mary was elone when he collected her fare a f t- er the car got on English avenue. He left the car at Forsyth and Marietta streets and did not see Mary Phagan alight there. Albert Kauffman, an architect, was hlblted a diagram of the factory to show that Frank could have sat in his offlce and not been aware of any thing taking place beyond the time clock—for example, anyone coming up or going dow’n the stairs. Miss Daisy Hopkins, w’ho C. B. Dal ton said was his companion on visits to the factory’ basement, was called by the defense and denied Dalton’s statements. She said she never had spoken to Frank, and that Frank never had spo- I ken to her. Solicitor Dorsey made an attack on J her character and forced her to ad mit she had been in jail on a statu tory charge. It was brought out, however, that she was released with out trial. Frank, for the first time during the trial, took ana ctive part in helping direct the course his case was taking He arose from his seat several times to make suggestions to his lawyers, and at his request certain questions were put Before Daisy Hopkins was called Solicitor Dorsey said he wanted to ask Harry Scfttt one more question. Attorney Rosser said he also wanted to ask one more question of Boots Rogers, Detective J. M. Starnes and George Epps. Detective Scott was the first witness called. Dorsey asked: Q. Mr. Scott, how long did it take you to get Jim Conley to write after he had admitted that he could write and you dictated it to him without delay? A. Two or three minutes. Daisy Hopkins on Stand. Miss Hopkins is a woman of very small features with bright, keen eyes and wore a cotton striped drens that looked a bit too short. She woty? white shoes and stockings. Mr. Ar nold began the questioning: Q. Did you ever work for the Na tional Pencil Company?—A. Yes. 1 went to work th£re about October 1, 1911. and quit June 1. 1912. Q. What department?—A Packing department. Q. What floor?—A. Second floor. Q. How many other girls worked there?—A. Sometimes there were as many as ten. Q. Did you know Leo M. Frank?— A. 1 knew him when I saw him. I saw him paes around the factorv Q. Did he ever speak to you?—A. No. never in my life Denies Drinking in Frank’s Office. Q. Did you ever go into Frank’s office and drink beer and cold drinks with other women?—A. No. I never went into his office and I don’t drink. Q. Do you know C. B. Dalton?—A. I know him when I see him. Q. Did you ever speak to him?—A. I went to his home once to see his sister and spoke to him. That is the only time. Q. Did you ever go to the pencil factory with Dalton?—A. No, 1 never did. Q. Did you Introduce him to Mr. Frank?—A. No, I did not. Q. Did you ever go into the factory and go into the basement w r ith Dal ton?—A. No, I don’t even know where the basement is. I never have betui in it. Says She Was Married. Dorsey took the witness on cross- examination. Q. Were you ever married?—A. Yes. g. Where?—A. Redair. Q. Who did you marry?—A. E. A. Sills. Q. Who married you?—A. Preacher Miles. Q. Who is your doctor?—A. Dr. Pound. Q. What is he treating you for?—A. Stomach trouble. Q. Were you ever in jail?—A. Nc g. Do you know this man her.-. Garner, my deputy?—A. No. g. Did he get you out of Jail?—A No. he was along. Q. What were you charged with?— A. Somebody told tales on me. Q. W’ho brought you down here?— A. Mr. Burke. “Bill” Smith Her Lawyer. Arnold took the witness on the ■ redirect. Q. W’ho got you out of jail?—A. j My lawyer. g. Did you pay anythtng?—A. I only paid my lawyer his fee. g. Who was your lawyer?—A. Mr. Bill Smith. W. M. Mathews, motorman on the English Avenue car on which Mary Phagan is supposed to have come to town from her home, Saturday. April 26, followed Miss Hopkins on the stand. Q. What wae your run on April 26? •—A. English avenue that runs to Bell wood. Q What time did you pass Lind say street?—A. Ten minutes to 12. g. Was that on schedule?—A. Yes Q. Did a little girl named Mary Phagan get on at Lindsay street?—A. Yes. Sat Behind Mary Phaqan. Q. W’hat is the distance from Lin 1- say street to Broad street?—A. About two miles Q. W’hat time did you get to Mar ! - etta and Broad streets?—A. At 12:07 1-2. We were on time. Q. Do you recollect where this lit tle girl got off?—A. At Broad and Hunter streets. Q W’hat time did you reach that point?—A. About two and one-ha’f minutes later It took that long on account of the crowds. Q. It took that long?—A. Yes, I was not running the car then. I was sitting behind Mary Phagan. There was a little girl on the seat with her. Q. Where did she get off?—At Rroad and Hunter streets. g. What time was It than?—A. 12:10 as near as I could recollect. g. Where did she go when she got off?—A. She walked to the siuewaU with the girt that was with her. g. Did you see this little girl get on the car?—A. Yes. Q. Did a little boy get on the car with her'.’ A. No. Didn’t See Epps Boy. Q. Do you know' this little boy Epps?—A. Yes. g. Did he get on the car with her? A. No. Q. He didn’t sit on the seat with her?—A. No; I didn’t see him. Dorsey took the witness, g. You said you arrived at Broad and Hunter streets at about 12:10 o’clock. Why do you say about 12:10 if you are sure of it?—A. It was about that time. Q. Didn’t you tell Detective Whit field, of the Pinkertons, that you might have been three or four min utes ahead of schedule?—A. No. Q. You are sure you never told him that?—A. No. Q. How is it that you are willing to tell this jury that Mary Phagan did not get off at Marietta and Broad streets?—A. W’ait a minute and l will tell you. ’ There was an ex-conduc tor sitting by me. He had a pin on his coat. I took it off and leaning over to Mary Phagan 1 said: “Little girl, this is your picture.’’ She said: “No, it ain’t.’' That made me positive Q. Tell me how these little girls were dressed?—A. I don’t remember, except they were dressed in some thing light. Q. Well, tell us anything that Mary Phagan had on?—A. i don't know anything except she had on a dress and hat. Q. Yes, she had on shoes and stock ings, too?—A. Y’es, and her dress was light colored. g. You didn't see George Epps?—A. No, I didn't see him. g. Would you know George Epps If you were to see him?—A. I would know him if I were to see him now. g. Tell me one thing about him by which you can identify him?—A. I can't remember. g. What color was Mary Phagan's hat?—A. It was lir-ht color. g. You say it was a light color. Just what color was it?—A. I don’t know. Q. What did you say light color for? Come, don’t Arnold Calls Halt. Attorney Arnold interrupted. "Just wait a minute. That is not the form to question him.” "All right, I'll put the question dif ferently," said Dorsey, Q. Mr. Matthews, you did not ob serve what color her clothes w r ere? A. No. sir. • Q. What time did you hear about her murder?—A. Sunday morning. Q. What time did you go down to Identify her?—A. About 6:45 in the afternoon. Q. You recognized her as the lit tle girl you had carried down the day before?—A. Yes. Q. How did you recognize her?—A. Well, I knew her. On e day she was late and I waited for her and she said she w’as mad because she was late. Every time after that I would ask her if she was mad. Fails on Color of Hat, Attorney Arnold took the witness and showed him the dress Mary Pha gan wore. / g. Was this the dress she wore that day?—A. I am not sure, but it looks like It might have been. Solicitor Dorsey took the witness. He showed the witness Mary Pha- gan’s hat. Q. Is this the light hat you just now told the jury Mary Phagan had on? (The hat was of dark lavender material.) Q. The girl you saw had on a light bat?—A. That’s what I remem ber. The witness was excused, and W. T. Hollis.'conductor on the English ave nue car on which the Phagan girl rode to town Saturday, April 26, took the witness stand. Arnold examined him. g. What Is your business?—A. Street car conductor. Q. Where were you on April 26?— A. On the English avenue and Coop er street line. Q. Did you cross Lindsay street?— A. Yes. Conductor Saw Girl. Q. On what street?—A. Bellw’ood avenue. Q. How many miles Is It from this point to the heart cf the city?— A. I couldn’t say. Q. What time do you leave the other end of the line?—A. On th< hour, quarter and half. Q. What time did the car that le at 15 minutes to 12 get to the city? A. It took 22 1-2 minutes. Q. Did the little girl get on Lindsay street?—A. Yes. Q. Did you know her name then . A. No. Q. When did you see her again A The next day at the morgue Q. Did this little boy. George Ep; get on the car and ride with her?- A. No: he was not with her when I collected the fare. Q. Was the car crowded?—A. «Xh re were only three passengers. Q. What time did you get to Broad and Marietta streets?—A. About 12:07 1-2. Epps Boy Didn’t Get Off. Q. Where did you get oft?—A. At Marietta and Forsyth streets. Q. Did this little girl get off there?— A. No; I left her on the car. Q. Did this little boy, Epp», g'l off there?—A. No. Q. How long did it take to get from Broad anu Marietta to Huntei street—A. About 2 1-2 minutes, as a rule. Q. Do you recollect how she w r as dressed?—A. No. Q. You don’t know' whether these are the clothes?—A. No; I never noticed. Attorney Hooper took the witness on cross-examination. Q. There was nothing unusual about her coming in that day, was there?—A. No. g. There was no particular reason why you should remember these things, is there?—A. No. Never Ahead of Time, He Says. Q. You don’t know whether these are her clothes, or not, do you?—A. No. Q. You always notice when any thing happens to throw you off your schedule, don’t you?—A. Yes. Q. But you don’t pay any atten tion to being a few minutes ahead of time, do you?—A. We don’t ever come in town ahead of time. Q. Are you ever late?—A. Yes; sometimes. Q. Was there anyone sitting with Mary Phagan on the car?—A. No Q. You didn’t see a little girl sit ting beside her?—A. No. When 1 got her fare, she was sitting alone, as I remember. Q. She usually came down early in the morning—factory hours—didn't she?—A. Yes; she usually caught the car that gets to town at 7:07. She said she was fifteen minutes late when she caught that car, when she said she w r as mad. Q. Which end of the car did she get on?—A. The front end. Q. Which end were you on?—A. The back end. Q. And you say you overheard a conversation between her and the motorman?—A. Yes; he asked her if she was mad, and she said yes, she was late. Said She Was Late. Q. She went down early in the morning, as a rule? Yet, when she said she was late. It was ten min utes to 12 o’clock?—A. Yes. Attorney Arnold took the witness on the redirect examination. Q. Are the cars on this line long or short?—A. Short cars. Q. W r as there any difficulty in hearing what was said on the front end when the car was standing still? A. No. Q. No such thing as being ahead of time ever happens?—A. No, sir; it is against the rules of the company. Attorney Hooper took the witness again. Q. Do you mean to say that you obey the rules of the company so well that you are never ahead of time nor never a little late?—A. It isn’t against the rules of the company to be late. Q. Then you are never early—not even when going to the barn?—A. It isn’t against the rules of the company to come in ahead of time whep going to the barn, so long as you don’t run reckless. Q. And that day you brought Mary Phagan in was your last trip?—A. Yes. Defense Turns Over Books. Attorneys for the defense at this Juncture turned over to the prosecu tion the cash book and the bank book of the National Pencil Company. Hol lis was excused and Albert Kauffman, an engineer, who drew’ a plot and dia gram of the Selig residence where Frank resided, took the stand. He, was examined by Attorney Ar nold. Q. W r hat is your business?—A. Civil engineer. Q. Have you made a drawing of the Selig residence on Georgia avenue?— A. Yes. Q. When?—A. Last week. Q. Did you make a plat of the kitchen, the dining room, the recep tion hall, the parlor and the hall?—A. Yes. Q. How many feet is it from the kitchen door to the passageway?—A Fourteen feet Couidn’t See Mirror. Q. How wide is the passageway?— A. Two and one-half feet wide and about two feet long. Q. Did you stand in the kitchen door and see if you could se*» the mirror in the dining room?—A. Yes. Q. Could you see it?—A. No. No part of the glass was visible. Q. Were you present when a pho tographer took views of the place?— A. Yes. Q. Standing on the south side of that door, did you see the sideboard? A. Not within two or three feet of it. Q. Have you draw’n a plat of Geor gia avenue?—A. Yes. Q. Did you draw a diagram of the block bounded by Pulliam street?—A. Yes. Q. How far is it from the Selig home to Pulliam street?—A. 221 feet. Q. How far to Washington street? A. 175 feet. Q. What does this represent? (A diagram of the pencil factory was displayed.)—A. That is the pencil fac tory. Gives Dimensions of Factory. Q. What is the size of the elevator shaft?—A. Six by eight. Q. What is the length and breadth of this hole? (A spot w’here the lad der goes down into the basement of the factory was indicated).—A. Two feet by 2 feet 3 inches. Q. What is the distance from the elevator to the spot where the body was found?—A. 176 feet. Q. To the boiler?—A. 90 feet. Q. From the elevator to this toi let?—A. 118 feet. Q. The distance from the elevator to the back stairway?—A. 135 feet. Q. The elevator to the chute? First, the dimensions?—A. 6 feet wide, 15 feet long. Q. Was that large enQUgh for a human body to go down?—A. One or several. Q. How far from the elevator is it?—A. About 30 feet. Q. How far is the back door from the elevator?—A. 165. feet. Q. The total length of the building? —A. 200 feet. Q. What are the widths of the walls?—A. Four feet. Q. What kind of a bunk is in that inclosure back there' by the boiler? A A big box. Q. What is in it?—A. All kinds of trash. Q. How far is the trash pile from the spot where the body was found?— A. Sixty-one feet. Q. The toilet?—A. Twenty-one feet. Q. From the back door?—A. For ty-two feet. Q. What about the line of vision from the toilet to where the body was found?—A. An angle of 43 de grees. Q. How far would the line of vision throw you from this partition?—A. About 3 feet. Q. Could you see a body there?— A. Not all of it. Q. Is it an accurate plan of the first floor?—A. Yes. Q. What is the width of the front door?—A. Six feet. Q. Whitt is the length of this partkion from the front door?—A. Twenty-six feet. Q. From the front door to the stairway, how far ils it—A. Thirty- six feet. Q. From the staircase to the ele vator shaft?—A. Thirteen feet. Q. From the stairway to this hole? —A. Ten and one-half feet. Q. Is there a long hallway on the first floor?—A. Yes. Trap Door Near Tragic Spot. Q. Does it extend to the west end of the building?—A. Yes Q. What is it used for?—A. Maybe a storeroom. Q. Was it closed?—A. Yes. Q. What was in there?—A. Two toilets. Q. How far back?—A. About 90 feet. Q. Is this the spot directly over where the body was found?—A. Yes. Q. What did you find on the right- hand side, next to the toilet?—A. A trap door. Q. Were there steps?—A. Yes. Q. How near to this chute was the body found?—A. About 20 feet. Continued on Page 4, Column 1. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. FRIDAY AND SATURDAY 0 lbs. Best Gran. Sugar 45c 9c CoUee .... 32c 1.00 Bag of Floor . . 75c Snap Beans. £*, r 2|c i. jl. Dupree The Cash Grocer 390 Peachtree St Opposite Peachtree Inn Ivy 7715 Great Annual Clearance Sale SUITS Made to your individual measure. $25.00 and $30.00 values. :: :: :: y our Choice 1 is Quality, Style and Fit Guaranteed Five hundred patterns to select from. Any style, a 11 colors, a 11 weights. Nothing Reserved. No ex tra charge for best grade linings. WORLD’S LARGEST TAILORS. ROBERT F. MOBLEY, Mgr. 77 PEACHTREE Don’t Forget the Place, Three Doors from Auburn Avenue. Special Attention Given to All Mail Orders. Phone, Ivy 1274. rr Q. When the Uaii is open, where docs it lead to?—A. To the base ment. Q. What Is it used for?—A. To send boxes down. Q. Did you observe the door of the safe when it stood open in the outer office?—A. Yes. Q. To what extent did it close off the view to the inner office?—A. En tirely. Q. Could you see over that safe door?—A. Yes. Q. Could a girl?—A. I don’t think so. Q. To the right of the door in the inner office, what did you find?—A. A' desk. g. Are there two windows there?— A. Yes. Q. They open on the street, don’t they? —A. Yes. Office 150 Feet From Dressing Room. g. This is Frank’s desk?—A. Yes. Q. A person on the other side of the street could see the desk, couidn’t they?—A. Yes. Q. How far is It from Frank’s of flce to the dressing room?—A. One hundred and flf«ry feet. Q. W’hat kind of a view is it from Frank’s office to the stairway?—A. None at all. Q. W r hat kind of a view of th© clock?—A. He could see about one- quarter of the first clock. Q. What are these open spaces (pointing to the diagram)?—A. Pas sage ways. Q. How wide are the doors to th© metal room?—A. Six feet. Q. How far from that door Is it to the ladies’ room?—A. About 10 feet. Frank Makes Suggestion. . Q. From that point how far Is It to the lathe?—A. Twenty feet. Q. From this lathe to the point where Conley said he found the body? —A. Thirty-seven feet. Q. How far from the ladies’ toilet? —A. Nineteen feet. Here*. Frank arose from his seat and walked across to Attorney Ros ser to make a suggestion for a ques tion. Q. W’hat Is the size of these vats?— A. Six by four. Q. Could you get a girl into on© of these?—A. Yes. Q. Did you find in this whole build- Runs Through Open Switch [3 Shepherd Device Insures safety in railway travel. fri-t-a Demonstration by train at Oakland City, 3 p. m., Saturday. Take ' ->g 1,1,1 ^ast Point car.