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ITEARST’S SUNDAY AMERICAN, ATLANTA. GA„ SUNDAY. AUGUST 10. 1010.
VISITS OF GIRLS TO FRANK’S FACTORY REVEALED
JZOa&T
-&rsc or 7
r jj?y
Continued From Pago 1.
the defense, taking him on cros*-ex-
amlnation, bridled bis glibness wiyi
many searching questions. At first
the negro was sullen under the exam
ination
“I disremember.” was his usual re
sponse to the lawyers’ inquiries
Later he was forced from that de
fense. and admitted that In sdm** of
the details he had been mistaken.
Then he said he lied.
Conley had 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 lip. about the time
he left homo, about the time ho Mrs*
went to the factory, about the time
he bought a flask of whisky, about tin-
time he firf»t met Frank, about the
time Frank stayed away from th**
office, about the time various persona
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. Rowser "You "aid th.*n
that It was the whole truth."
"I didn’t want to tel! 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
defence was to establish with th*
Jury the fact that the negro was not
to be believed In the main when he
admittedly had lied In the details.
The negro came on the 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 crow-examination started early,
without apparent point, almost with
irrelevancy. Rosser questioned him
about his daily actions in the fac
tory. about little Incidents and con
versations that the negro found u
hard to remember Then, gradually,
almost imperceptibly, the force of the
lawyer’s questions was heightened,
until they drifted into a savagencss
that wan powerless, however. to
shake 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, and the men
tal strain which spectators and prin
cipals alike underwent was terrific
Dramatic indeed was the sitory of the
negro and of other witnesses. More
dramatic, however, was the subtle
battle of wits between the lawyers
and the witness, and among the iw-
vers over the witness and his words.
Everybody hung breathless on th*
course of the trial at tim* s.
The strain told. Conley bore up
because he was supported by dost s
of strychnine. Others, without this
exhiliratlon. suffered. Dr. Harris,
testifying, collapsed on the witness
s' Ifni l • nk
wife, who was calm and unshaken
during the first days of the trial,
gave way to the strain when th** ex
amination of Conley was at its heigh*,
and succumbed to a flt of racking
sobs. Reuben Arnold, lawyer for the
defense, wau overcome by a faint
spell, and was forced to ask Judge
Roan's permission to argue from his
seat. Jurors strained and twisted in
their seat* exhausted by the de
mands on mind and body.
Even the spectators, always eager,
always pushing into the 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,
ment’onlng this, declared their opin
ion that it was due largely to the
mental excitation under which many
of the watchers labored
The applaue«e was startling, and rc-
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
ment of lawyers over the admissi
bility of Conley’s evidence. In spite
of tile 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 tho hubbub, in fact, he made
the motion, but later withdrew it.
Tells of Girl’s Visits.
The testimony to which the defend
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. He
named C R. Dalton as a man w ho was
with Frank oh several escapades 'n
tiie factory.
Over this testimony there was* a
heated light, th** defense arguing for
Its inadmissibility, the State sustain
ing it ns legal.
"Tin* testimony is admissible be
cause it indicates the 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 mad** more
manifest as the ease proceed*?.’’
The Solicitor promised then th it
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 prisoners
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 and her face puffed and
swollen, is if she hail Just braved a
‘form of tears and sobbing. She re-
t sumed her seat, and remained immov
able. almost with eyes unblinking,
t during the remainder of the day's
I session.
The prisoner’s mother, also, was
perturbed She moved restlessh in
her seat at Conley's testimony, and
then rose from her chair. She moved
across the courtroom as if unable to
control herself, arid then returned to
take her seat near her son.
All the testimony to whieh the de
fense objected had to do with a neriod
befor.- ’he day of the muder Conley
had said that he often watched at the
door while Frank had girls- in his of
fice. To this the defense objected,
also
Reuben Arnold argued that it was
inadmissible because irrelevant and
But Jurors' Wives Are Peeresses Also
•By L. F. WOODRUFF
ASKS EAR LI
SSII FOR TREE
Dentist Loses Mine
Suit After 14 Years
Referee’s Finding in Old Case Over
ruled by Court in Favor
of Millionaire.
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
had eleven widows made in a day,
that eleven peeresses were added to
Atlanta’s list and that eleven wives
had 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 gets
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.
The emoluments are considerable,
but how about the widows?
Men must work and women must
weep to the tuneful accompani
ment of the doleful mourning of the
harbor bar is the first thought.
Rut there is some solace in the
lot of the eleven Frank case
widows.
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 saf:
cracker, a short change artist, a
blind tiger operator, or a gentle
man skilled in the art of getting
good money on had paper, but
Just the same the juror is a peer.
And just the same Mrs. Juror is a
peeress.
Only One Sinai© 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 with the mother robbed
of a daughter’s life. The defense
probably wanted married m^n who
would sympathize with the wife of
the accused and his mother Sin
gle men are supposed to be as
laoklng 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 Jmlge had
ordered them to pay alimotiy and
had forbidden another marriage in
a year’s time.
The divorce pro tern, has been
absolute. The widow’s 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 fox $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.
Owner of Ash Which Imperils Pas
sengers Calmly Smokes Pipe as
He Awaits Company’s Offer.
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 he had done
a different thing of w’hlch he might
be accused.
Defense Shows Anxiety.
But the testimony was admitted,
and the defense's lawyers retired,
something of anxiety plain on their
faces. The victory for the 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
vtand. he showed plainly that his bai-
anee was restored when he cam*
down. He was even cheerful and
laughed when he pulled off his coat
In the ante-rcom. He begged for a
cigarette and a newspaper.
Dr. H F. Harris follow ed 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 th*' evidence borne
by undigested bits of eabbage and
bread in the girl’s stomach.
Dr Harris was minutely examined
b\ R 'uben Arnold, for the defens \
who revealed considerable knowledge
of the materia medica. However, the
testimony he gave was unshaken by
the inquisition
Admits Visiting Factory.
C. R. Dalton followed Dr Harris
His testimony was to a large extent
corroborative of Conley’s. He had
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 w ith a young
woman named Daisy Hopkins.
Detective Rosser took the stand
after Dalton, and with 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 Friday, 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 as
the city’s chief executive, and Com
missioner Dixon was chosen as his
successor. Then Mr. Bell appointed
William R. 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.
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
"1 was bora a thief, and I’ve been
a thief ever since.” said Novak. "I
don’t care whether I go to the gal
lows I started when I was nine
stealing pennies. I have been put 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. '
$640 Average Income
Of American Farmer
Government Report Declares There
Are Many Who Make far
Smaller Sum.
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 Conviction
Woman Obtains Practically All the
Evidence Produced in Court
Against Slayers.
PITTSBURG. Aug. 9.—"Look out
for the tree." warns every conscien
tious street car conductor as his
crowded car approaches the corner of
Hillman Avenue and Cemetery Lane,
on the West View line. There an ash
tree grows within nine inches of the
running board.
Meanwhile old Gottlieb Eitinger.
who owns the tree, which grows just
outside his fence, smokes and smiles
on his doorstep.
Awaits Money From Tree.
"One funny old tree, ain’t it?"
chuckles Gottlieb frequently, as he
chuckled again to-day. "You can’t
kill him, ana maybe some day he
bring me money—and maybe not. I
don’t know."
Growing so clo^e to the railway
track that passengers standing on the
running boards of passing street cars
are sometimes unable to escape being
bumped, the tree is scored as a nui
sance by all the car men on the route.
But whether the Pittsburg Railways
Company ever will succeed in remov
ing the tree remains to be seen.
" ‘How much will you take for that
tree?’ asked the head man of the car
company, who was in my place three
years ago," explained Gottlieb.
"’Five hundred dollars,’ speaks up
my wife, who was here then. Well,
the man just looked and said nothing.
Then he went away and he never
came back or sent any word. Maybe
he thouxht the wife’s price too steep;
I don’t know. But the tree, he still
stands, and 1 won’t chop him down.
He’s a great tree, and after they
chopped off his roots on one side and
laid the iron rails up close to him he
still lived on just the same.”
Many Bumped Off.
Wnile no street car passenger has
ever been reported seriously injured
by the tree in the ten years during
which the West View car line has
been in operation, many boys and
men crowded on the running boards
of street cars have been scratched
and bumped. Anyhow, the tree is a
source of constant irritation to the
motormen, who have to run their cars
slowly passing it, and to the conduc
tors. who have to warn passengers
against being bumped.
"Blamed old tree.” mutters one con
ductor. “Wish someone would come
out here some night and hack it all
down. It wouldn’t do any hurt to
nick it some, anyway. Maybe it would
ole then."
But old Gottlieb Eitinger still sits
In his dooryard and smiles at his tree,
at the street cars and the whole world
in general.
"•He’s a g#o*l old tree,” says Gott
lieb.
COLORADO SPRINGS. Aug. 9.
When Judge Morris,refused to accept
the report of Referee Collins in the
suit of Dr. J. G. Hollingsworth.
Kansas City dentist, against Edward
R. Tufts, a New York millionaire,
there was practically ended a mine
case which has occupied the attention
of Colorado courts at various time
rince 1899.
The referee's decision was in favor
of Hollingsworth, awarding him
1,500,000 shares of Grand Union Min
ing Company stock, worth about
$1,500,000. and a personal judgment
against Tufts for $350,000. But by
the judge’s refusal to accept the re
port Hollingsworth loses at present,
although he may ask for a rehearing.
WINCHESTER, KY, Aug. 9.—The
work of 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. Tlmandy 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 th* scene of the shooting,
are under indictment for perjury.
Winner Eats 9 Pounds
Of Steak .in Contest
Heavyweight Entries Devour Tre
mendous Quantities of Meat
for $25 Prize.
NEW YORK. Aug. 9.—The Sam Bren
ner Association gave an outing at Wit-
zel’8 Grove, College Point, yesterday,
and a prize of $25 was hung up for the
contestants in a steak-eating joust
Those wno qualified were Frank Postal
weight 223 pounds; A. T Morton. 24'>
pounds: George Wachter, 260. and Phil
Lommel. 230.
Max Molens was the referee, and gave
the word to fall to. each man with a
tenderloin steak in front of him. Postal
got the prize by eating 9 pounds. Mor
ton collapsed at 84 pounds. Wachter
fell under the table with 64 pounds, and
Lommell was a rank outsider with 54
oounds
riostal ate nothing but steak and
urank nothing but coffee
Mouth Is Plastered
To Preserve Voice
Teacher of Oratory Declares Lips
Should Aiways Be Sealed
While Sleeping.
BERKELEY. CAL., Aug. 9.—Pro
fessor Robert Irving Fulton, dean of
the College of Oratory at the Ohio
Wesleyan University, who is lectur
ing on public speaking at the sum
mer session of the University of Cal
ifornia, advocates the use of com
mon sticking plaster over the mouth
during sleep to keep the voice in good
condition. To his class he said: "Get
a yard of sticking plaster, a whole
yard, no less, and cut it in pieces
half an inch wide and an inch long.
Then put one of the pieces over the
lips every night, keeping them in
their proper shape, and you will sleep
like a baby. In the morning wash it
off. This is the secret of keeping the
voice in condition, and it is the most
economical way in the world, for it
costs only 50 cents a year.”
Broncho “Buster” Has Narrow
Escape From Death When At
tacked by Infuriated Horse.
TACOMA. Aug. 9.—Charged by a
wild horse as he sat on the arena
fence in the Stadium. J. M. Montano,
a member of the desert tribe of Pap-
ago Indians, escaped being trampled
to death only by his quickness in
grabbing the animal about the neck.
He had no chance to Jump aside. The
horse, at full gallop, dragged him
nearly 50 yards, then again darted
against the fence.
The impact loosened Montano’s hold
and he was thrown aside after the
animal had trampled on his leg. His
face was badly bruised by the fence,
and he received other bruises in the
body.
Montano is one of the picturesque
bronco busters of the Stampede. He
sat down on the fence to rest for a few
moments. Another bronco buster
vaulted onto the wild horse without
bridle <>r saddle and the animal, en
raged, promptly lowered its* head and
raced into the fence. Its head struck
Montano in the chest, and involun
tarily he threw his arms around its
neck and hung on for dear life. The
horse tried to shake him loose as it
careened about the arena, but he hung
on until it hit the fence the second
time.
SHEDS TOENAILS BIENNIALLY.
BEDFORD. IND. Au"\ 9.—J. W.
Mundy, of this city, sheds the nails
from his toes every two year?, and
this has occurred since he was a child.
When asked to see his foot. Mundy
bared his left foot and showed the old
nails, barely hanging to the toes, and
the new nails growing under the old
ones.
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 made
for himself several years ago to a
painter at Danville to be “retouched.’’
Annual Mountain
Weds Man She Fought Excursion
With in Balkan War Southern Railway
"“'ESCITe'LluZ, En j Saturda y> August 16.
Wounded ~ $6.00 Asheville, N. 0.
pittsburg, Aug. 9. —a romance I $6.00 Lake Toxaway, N. C.
that began in the Balkan States resulted i $6.00 Hendersonville, N. 0.
in the marriage to-day of Vida Radak ! AA TT * o vr n
and Barbara Coganio, Bulgarians, in i $O.UU xlOt bpi’lllg’S, JN. U.
Daniel Lev «y’ s office Hi Farrell, Jgoo Tate Springs, N. c.
The two were sweethearts from child- ~
hoo*l, and when Radak joined the army
and went to the front Barbara was dis
consolate, but determined. Dressed as a
man she entered the army when the
fighting against Turkey began. It being
wartime physical examination was
waived and her sex was not discovered.
After many hardships even tally she
found her lover, and clothed as a man
fought by his side against the Turks.
During a battle she was wounded and
in a hospital her sex was discovered
and she was sent back home.
$6.50 Bristol, Tenn.
Final Limit September 1.
Three trains to Asheville.
Morning Noon Night
8:00 a.m. 11:15 a.m. 9:30p. m,
MAKE RESERVATIONS NOW
SEE THE T
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MOVIES
AT THF
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ALL SEATS 10c