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TTEARST’S SUNDAY AMERICAN, ATLANTA. GA„ SUNDAY. AUGUST 10. 1010.
VISITS OF GIRLS TO FRANK’S FACTORY REVEAI
"UK diagram show s the daily routine of the jurors who are
x' trying the ease against Leo M. Frank. Their days is
traced from their rising at the Kimball House, their walk to
the courtroom, their lunch in Pryor street, their return to
court, their stroll after adjournment, and their iinal retiring
for the night.
jzoa&r
rM
Continued From Page 1.
the defense, taking him on cross-ex
amination, bridled his glibness wi^Ji
many searching questions. At first
the negro was sullen under the exam
ination.
"I disremember,” was bis usmal re
sponse to the lawyers’ inquiries.
Later he was forced from that de
fense. and admitted that in some of
the details he had been mistaken-
Then he said he lied.
Conley hud told In detail the cir
cumstances of the day. and of his
every movement. Later, Lawyer Ros
ier got him to say that he lied about
the time he got up. about the time
be left home, about the time he lira*
went to the factory, about the time
he bought a flask of whisky, about the
time he first met Frank, about the
time Frank stayed away from the
office, about the time various person*
left the factory building, about the
previous affidavits he had made in
criminating Frank, and about a num
ber of details that had come out.
He Explains His Falsehoods.
’’Why didn’t you tell the whole
truth in your last affidavit. Jim?’’
asked Mr. Rosier “You said then
that it was the whole truth.”
”1 didn't want to tell it all at once,”
replied the negro.
That was his explanation of the
many falsehoods that he didn’t want
to tell all he knew at once.
The very evident attempt of the
defense was to establish with the
jury the fact that the negro was not
to be believed In the main when he
so admittedly had lied In the details
The negro came on th.‘ stand early
Monday morning, and during the
morning and the early afternoon he
told a direct story, with little ques
tioning. Then the defense took him
The croas-examlnation started early,
without apparent point, almost with
irrelevancy. Rosser questioned him
about his dally actions In the fac
tory. about little Incidents and con
versations that the negro found it
hard to remember Then, gradually,
almost Imperceptibly, the tor< »• of th
lawyer’s questions was heightened,
until they drifted into a savagem-s-l
that wof» powerless, however. to
phake the sensational story of the
negro
Heat Is Intense in Court.
The week was a period of acute
physical suffering The heat In the
courtroom was Intense, und the men
tal strain which spectators and prin
cipals alike underwent was terrltic
Dramatic indeed was the utory of the
negro and of other witnesses. Moi
dramatic, however, was the subtle
battle ol wits between the lawyer-
and the witness, and among the law
yers over the witness and his words
Everybody hung breathless on the
course of the trial at times
The strain told. Conley bore u\
because he was supported by doses
of strychnine. Others, without this
exhilaration, suffered. Dr. Harris,
testifying, collapsed on the witness
stand. Mrs. Frank, the prisoner s
wife, who was calm and unshaken
during the first days of the trial,
gave way to the strain when the ex
amination of Conley was at Its height,
and succumbed to a fit of rucking
sobs. Reuben Arnold, lawyer for the
defense, way overcome by a faint
spell, and was forced to ask Judge
Roan’s permission to argue from his
seat. Jurors strained and twisted it*
de-
their seats, exhausted by the
mauds on mind and body.
Even tlie spectators, always eager,
always pushing into tho courtroom
long before the time for the begin
ning of the trial, were moved When,
after a long period of consideration.
Judge Roan denied the request of the
defense to eliminate a great part of
Conley’s testimony, a number of the
spectators applauded. Court officials,
mentioning this, declared their opin
ion that it was due largely to the
mental excitation under which many
of the watchers labored.
The applause was startling, and re
vealed the temper of the public as
unfriendly to Frank. When it came,
the Jury was not In the courtroom,
having withdrawn during the argu-
nvnt of lawyers over the admissi
bility of Conley’s evidence. In spite
of the fact that the Jurors were ab
sent. however. Lawyer Arnold threat
ened to move for a mistrial, fearing
the effect of the applause on their
mental state In event they heard It
In the next room.
During the hubbub, in fact, lie made
the motion but later withdrew It.
Tells of Girl’s Visits.
The ti-Mimnnv to which the defense
objected was drawn from the negro
in the State’s attempt to prove Frank
a moral degenerate. Conley told of
the visits of girls and women to the
factory, and of Frank's association
with them In an unusual manner. Jle
named C, R. Dalton as a man who was
with Frank on several escapades in
the factory.
Over this testimony there was a
heated fight, the defense arguing for
its inadmissibility, the State sustain
ing It as legal.
“The testimony is admissible be
cause it indicates tho very purpose,
motive and intent the defendant had
in getting that poor little girl Into
the metal room. It Is admissible as
indicating a general practice of course
of conduct.” said Solicitor Dorsey.
"The importance of this evidence, dis
gusting and abhorrent thought *'t
may be. is going to be made more
manifest as the case proceeds.”
The Solicitor promised then that
witnesses would be called to substan
tiate what Conley charged regarding
Frank's conduct prior to the day of
the killing.
Mrs. Frank Overcome.
When the charges were made of
practices by Frank, the prisoner’s
wife was overcome. She hung her
head, her face flushed, and. unable
longer the endure the situation, she
left the courtroom. She walked out
with eyes averted, and returned later
with the traces on her face of a ter
rific struggle to be calm. Her eyes
were red und her face puffed and
swollen, as if she had just braved a
storm of tears and sobbing Hhe re
sumed her seat, and remained immov
able almost with eyes unblinking,
during the remainder of the day’s
| The prisoner’s# mother, also, was
I perturbed. She moved restlessly In
j her scat at Conley’s testimony, and
then rose from her chair. She moved
j across the courtroom as if unable to
control herself, and then returned to
I take her seat near her aon.
All the testimony to which the de-
• fense objected had to do with a period
J before the day of the muder. Conley
i had said that he often watched at the
door while Frank had girls* in his of
fice. To this the defense objected.
Reuben Arnold argued that it was
inadmissible be.aub# irrelevant and
E LEVEN widows were made in
Atlanta in a day without the
assistance of the Grim
Reaper, a trip to Reno, pallbearers
or affinity stories in the newspa
pers.
And there is but one drop of
consolation in their cup. When
they were made widows they auto
matically became peeresses, for
which privilege many American
girls have caused their fathers
large sums of good American money
and themselves heartache and their
pictures to be printed between the
story of the rabbit that chased the
boa constrictor and the life narra
tive of Sophie, the Shop Girl, who
in a night became a stage star.
They also had the satisfaction of
having their husbands officially
proclaimed good men and true,
which they may have questioned
when the pay envelope was brought
home with $10 missing and unac
counted for, Just as all wives have
questioned.
They’ll Be Brides Again.
If there is any balm in it, the
widows know that it will not be
long before they can doff their
weeds and once more don their
bridal gowns Their husbands will
return to them just as soon as they
have decided whether or not Leo
Frank Is guilty of the murder of
Mary Phagan
For It is due to the fact that their
husbands are Jurors that Atlanta
bad eleven widows made in a day,
that eleven peeresses were added to
Atlanta’s list and that eleven wives
bad the glory of hearing their hus
bands called “good” without sus
pecting there was hidden meaning
In the compliment.
The peerage and the official com
pliment as to character and $2 a
day are the emoluments of a Juror
of Georgia. A Juror in the Frank
case gets a little more. He gels
his keep, a place to sleep, and a
deputy sheriff to keep him out of
trouble, read his letters, inspect his
laundry and keep him company
during all his waking hours.
Scant Solace for Widows.
Tlie emoluments are considerable,
but how about the widow's?
Men must work and women must
weep to the tuneful accompani
ment of the doleful mourning of the
harbor bar is the first thought.
But there is some solace in the
lot of the eleven Frank case
widow's.
Not every woman can know the
thrill of widowhood and at the same
time have absolute assurance that
she is not going to remain in single
blessedness the rest of her life.
And then there’s no disputing the
fact that they are peeresses. A
juror is given his coronet when he
takes his oath of office. Of course,
in a criminal case he is usually
paid the doubtful compliment of
being termed the peer of a safj
cracker, a short change artist, a
blind tiger operator, or a gentle
man skilled in the art of getting
good money on bad paper, but
Just the same the Juror Is a peer.
And just the same Mrs. Juror is a
peeress.
Only One Sinole Juror.
In the rapid selection of the
Frank jury, it was remarkable that
but one single man was selected to
decide a mystery that has puzzled
the master minds of the Atlanta
detective bureau for more than
three months. The State probably
wanted married men. who would
sympathize wdth the mother robbed
of a daughter’s life. The defense
probably wanted married men who
would sympathize with the wife of
the accused and his mother Sin
gle men are supposed to be as
laoking in the natural supply of the
milk of human kindness as a laugh
ing hyena. The single man on the
Jury looks like he's married. Prob
ably that’s why he was accepted by
both sides.
And when they held up their
right hands and swore to “well and
truly try, etc.” without objection to
the split infinitive, the eleven
“good men and true” were as com
pletely divorced as if the judge had
ordered them to pay alimony and
had forbidden another marriage in
a year’s time.
The divorce pro tern, has been
absolute. The widows cannot
speak with their husbands. Nobody
else can for that matter except a
court attache.
Deputy Reads All Mail.
Writing them Is practically pro
hibited. Every letter mailed a
juror has to be read by a deputy
sheriff and properly censored by
him before it reaches the eyes of
the trial man.
And what wife would like to call
her beloved "snooky” and have a
deputy sheriff first assimilate the
tenderness of the term? What wife
would like to write for $8.67 to pay
the butcher bill and have a deputy
sheriff become thus acquainted
with the condition of the family
larder and the connubial purse?
She may kiss the clean collar
when she sends it to him every day.
but what assurance has she that he
will not think that the Chinaman
has bungled in his work?
She may send him a pair of
freshly darned socks, but how does
she know' that the deputy will not
see a mysterious message In the
needle work and appropriate the
hosiery to his own pedal purposes?
.No, there are eleven new widows
in Atlanta, but there is no doubt
but there are eleven new' peeresses.
The only trouble is. no one can
marry any of them for their titles.
immaterial, and that it was a viola
tion of the general principle In law
that because a man committed a
crime before, that crime can not be
Introduced to show that lie had done
a different thing of which he might
be accused.
Defense Shows Anxiety.
Rut the testimony was admitted.
and the defense’s lawyers retired,
something of anxiety plain on the!?
faces. The victory for tho State was
significant.
Conley was called from the stand
Wednesday afternoon. He had been
in the witness chair for fifteen and
one-half hours, during which time he
was in the hands of the Solicitor only
two hours. The other time had been
torture to him.
However, wearied as he was on the
ntand, he showed plainly that his bal,
a nee was restored when he came
down. He was even cheerful and
laughed when ne pulled off his cost
in the ante-room, lie begged for a
cigarette and a newspaper.
Dr H F Harris followed Conley on
the stand for the State. He reiter
ated testimony formerly given that
Mary Phagan had been killed within
an hour after she had eaten dinner
Of this, he said, he was practically
certain because of the evidence borne
by undigested bits of cabbage and
bread in the girl’s stomach.
Dr. Harris was minutely examined
by Reuben Arnold, for the defense,
w ho revealed considerable knowledge
of the materia medica However, the
testimony he gave was unshaken by
the inquisition
Admits Visiting Factory.
C. B Dalton followed Dr Harris
His testimony was to a large extent
corroborative of Conley’s. He bad
visited the factory in company with
girls, he admitted, while Conley
watched at the door, and from his
testimony the story of immoral prac
tices in the factory was drawn. He
told of visits to the plant with a young
woman named Daisy Hopkins.
Detective Rosser took the stand
after Dalton, and wl h his testimony
the case of the State w as closed, after
a formidable chain of circumstantial
evidence had been woven about the
prisoner.
Witnesses Introduced by the State
when court opened FTidav. and those
who followed Friday and Saturday
revealed little of direct contradiction
or refutation to the case which the
State made out.
Resigns One Place;
Then Loses Other
Mayor Quits Office to Become Col
lector of Port, but Suffers
From Curtailment.
PORT HURON. MICH., Aug 9 —
The order of Secretary McAdoo abol
ishing the office of collector of cus
toms at this port has thrown for
mer Mayor John J. Bell out into the
cold.
When Mr. Bell received his appoint
ment a few years ago he resigned us
tho city's chief executive, and Com
missioner Dixon was chosen as his
successor. Then Mr. Bell appointed
William It. Chadwick as his deputy.
Now the order from Washington
puts Mr. Chadwick in charge of the
local part. Mr. Bell finds he has re
signed himself out of one job and ap
pointed himself out of another.
$640 Average Income
Of American Farmer
Government Report Declares There
Are Many Who Make far
Smaller Sum.
Thief Since Child;
Boasts of 500 Crimes
Boy Declares That He Is Beyond
Reformation, and Welcomes
the Gallows.
CHICAGO. Aug. 9.—Walter Novak.
20, arrested with four companions
aftter they had fatally wounded Pa
trolman Samuel W. Sowers and beat
en Patrolman Frank Walpole, ad
mitted having taken part in more
than thirty robberies in two months
and boasted of hie career.
"I was born a thief, and I’ve been
a thief ever since.” said Novak. “I
don’t care whether I go to the gal
lows 1 started when I was nine
stealing pennies. I have been k lit in
all kinds of Institutions to reform me.
but they only made me worse. I
don’t want any member of my family
to come and see me. If they come.
I will kick them out
“I suppose I have committed more
than 500 robberies.”
WASHINGTON, Aug 9.—Farming
is not the most profitable business in
the world, railroad press agents to
the contrary notwithstanding, accord
ing to a bulletin of the Department
of Agriculture.
For the first time in the history of
farming in the United States the de
partment has managed to get accu
rate data on the subject.
It reports that the average income
of the American farmer is $640.40 a
year. "It is reasonable to infer.” says
the department, “that at least half
of the farmers in this country have
even smaller Incomes.”
Feudist's Daughter
Shouts at Convictiou
Woman Obtains Practically All the
Evidence Produced in Court
Against Slayers.
WINCHESTER, KY . Aug. 9 —The
work or Mrs. Lillian Gross, daughter
of Ed Callahan, of Breathitt County,
former Sheriff and noted feud leader,
was rewarded to-day. when a Jury
returned a verdict finding Andrew
Johnson. 19, guilty of having mur
dered Callahan.
The jury fixed Johnson's punish
ment at life imprisonment in the peni
tentiary.
When the verdict was given out,
Mrs Gross and Mrs. Timandy Calla
han. young widow of the feudist,
shouted for joy.
The evidence was secured almost
entirely by Mrs. Gross.
Twelve witnesses, who swore that
they saw Johnson at Jackson. 12
miles from the scene of the shooting,
are under indictment for perjury.
Underwood May Be Drawn Into
Senate Race—Knox and De-
Graffenreid Mentioned.
MONTGOMERY. ALA., Aug. 9.—
The death of Senator Joseph Forney
Johnston has precipitated in Alabama
a political problem. He was seized
by the fatal attack of Illness at the
time when he was In the midst of a
fight with Congressman Richmond P.
Hobson to retain his seat In the Sen
ate, and Hobson thus is left without
opposition.
The dominant political powers in
Alabama, it 1s generally recognized,
are not altogether friendly to the
Hobson Interests, and a man as pow
erful as Johnston undoubtedly will be
brought forward to oppose the hero
of the Merrimac.
Who will it be?
Eyes Are on Underwood.
All eyes turn to Oscar Underw-ood
ns the likely opponent of Hobson.
Here npar the end of the session of
Congress, with his work well toward
completion, It is conceded that TTnder-
w'ood can relinquish with safety his
grasp on affairs in the House and
step Into the higher place in the Sen
ate. A movement already is felt that
may have its effect in bringing him
out as a candidate.
Meanwhile. Governor O’Neal must
appoint a successor to Senator John
ston to fill his seat for the tw'o years
yet remaining of his term. And. un
less by previous agreement other
wise. the appointee probably will be
a candidate for the coming term.
If Governor O’Neal appoints Col
onel John B. Knox, of Anniston, to
the place, Knox certainly will be a
candidate for the long term, his health
permitting Knox for years has had
ambition to enter the Senate.
Twice he has been a candidate, losing
In 1907, when Johnston and Bankhead
were named pravlsional Senators to
succeed Pettus and Morgan, who then
were near death, and again in 1910,
when he opposed Bankhead.
Knox a Brilliant Figure.
Knox Is a brilliant, eloquent, alto
gether spectacular figure. The Gov
ernor may not feel disposed toward
his appointment on one ground, how
ever One year ago occurred a va
cancy on the bench of the State Su
preme Court, and Governor O’Neal
tendered Knox the appointment. Af
ter weeks of deliberation the Annis
ton man declined it. Political gossip
at that time was heard to the effect
that the Governor was placed in an
inconvenient nosrition because of the
refusal, and be was forced to take
Judge E. D. DeGraffenreld from the
bench of the Court of Appeals to place
him In the Supreme Court.
DeGraffenreld is O’Neal’s closest
friend and political adviser. That he
should be In line for the Senate ap
pointment is» not considered unlikely
in a number of places. In event he
is appointed, it is unlikely that he will
make the race for the long term, and
the Underwood shadow looms up
again.
The death of Senator Johnston, oc
curring almost simultaneously with
that of his present political ally and
personal friend. Major W. W. Screws,
editor of The Montgomery Advertiser,
is regarded in Alabama as a startling
coincidence. Major Screw a was
Johnston’s firmest supporter in his
race against Hobson.
Recorder Wood, “People's Candi
date,” Denounces Opponent as
Champion of Interests.
Consuls Complain This Country
Has Failed to Protect Foreign
ers in Mexico.
WASHINGTON, Aug. 9.—M. A.
Leach, of San Francisco, who, as an
eyewitness to the sacking of Duran
go, Mexico, by a rebel force gave Sec
retary Bryan a sensational account of
the looting of banks, stores and resi
dences and the ravishing of women
which followed the capture of the
city, left Washington for Chicago, aft
er having repeated his story to Sena
tor William Alden Smith, Senator
Works and several others.
Mr. Leach said two German Con
suls left Northern Mexico tw'o weeks
ago for Germany, carrying with them
reports on the conditions which exist
In the southern republic, with partic
ular reference to the losses and indig
nities suffered by German residents.
They complain that the American
Government has not moved to remedy
conditions, and they will strongly
urge the German Government to come
to the relief of Its subjects in Mex
ico.
Mr. Leach said that, as all his pos
sessions in Mexico have been destroy
ed, he is in a position to talk freelj'
of conditions and that the fear of
further damage has kept Americans
and other foreigners in Mexico silent.
He says all foreigners and 90 per cent
of the better element of Mexicans see
no settlement of Mexico’s troubles ex
cept through intervention by the
United States, and that a crime
against the United States will be com
mitted if the border is thrown open
to the indiscriminate shipment of
arms into Mexico.
He declares this will be arming the
Mexicans for the inevitable conflict
with the United States or with for
eign powers. He declares a policy of
letting the Mexicans fight it out does
not meet with the approval of the
European governments interested in
Mexico, and that if this policy is
adopted by the United States it means
the Monroe Doctrine must be aban
doned and European nations allow'ed
to enter.
BIRMINGHAM, Aug. 9.—Clement
R. Wood and George B. Ward are
engaged in the most spectacular cam
paign for President of the Commis
sion of Birmingham ever waged in
this city.
Wood, as the “candidate of the peo
ple,” is making many and varied
charges against the political element
supporting his opponent, Mr. Ward.
He charges that he (Wood) was re
moved as Recorder by the Commis
sion for sending one of their friends
to the stockade and insisting on his
serving his time, as he did in simi
lar cases.
He also charges that Ward repre- t
sents the Birmingham Railway, Light
and Power Company and the Bir
mingham Loan and Discount Com
pany. He charges that the manag
ing editor of one of Birmingham's
afternoon papers was forced out of
the race under penalty of losing his
position on the paper.
He claims that many other pros
pective candidates have been elimi- ,
nated from* the race by the powerful
hand of the interests, and calls on
the “common people” to assert them
selves in the defeat of Ward.
Ward claims that Wood was dis
couraged by the Commission because
of incompetency, and makes many
other charges and insinuations in his
speeches and newspaper cards.
Meetings are being held almost
every night, and music from brass
bands and the orations of the spell
binders are to be heard on every
corner.
It is impossible to get a complete
line-up, but it can be said with cer
tainty that the race will be close,
and that the result will be known
only after every vote has been count
ed.
Orders Coffin Repainted.
LANCASTER, OHIO, Aug. 9.—Be
lieving that death is near, James
Swan, 87, a pioneer of Ingham Coun
ty, has sent a coffin that he had mad©
for himself several years ago to a
painter at Danville to be “retouched.’*
NEW YORK, Aug. 9.—Major Mig
uel Lebrija, head of the aviation corps
of the Mexican army, sailed on the
Torraine, French Line, yesterday to
buy twenty aeroplanes and two diri
gibles for his Government. On the
machines and their accessories the
major expects to spend nearly $1,000,-
000.
The aviator expressed his convic
tion that aeroplanes could sink with
in an hour any battleship ever built,
by dropping bombs on its decks. On
account of the altitude of the City of
Mexico, the machines which he is
going to purchase will have to be far
more powerful and will have greater
wing surfaces than those ordinarily
used at sea level.
Among his fellow passengers were
Rene Bazin, Rear Admiral Aaron
Ward and Mr. and Mrs. C. T. Wade.
Annual Mountain
Excursion
Southern Railway
Saturday, August 16.
$6.00 Asheville, N. 0.
$6.00 Lake Toxaway, N. 0,
$6.00 Hendersonville, N. 0.
$6.00 Hot Springs, N. G.
$6.00 Tate Springs, N. 0,
$6.60 Bristol, Tenn. **
Final Limit September L
Three trains to Asheville.
Morning Noon Night
8:00 a.m. 11:15 a.m. 9:30 p.m.
MAKE RESERVATIONS NOW
AGED HUSBAND SUES GIRL i
WIFE WHO SPENT FORTUNE
PITTSBURG. Aug. 9—Joseph ffal-
ters. aged 70, a prominent McKees
port man, who married Ruth Hender
son when she was 17 years old. filed
a su: in Divorce Court, asking a de
cree because his wife, after forcing
him to spend his fortune of $100,000
on her, “ran away.”
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