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ATLANTA. OA.. SUNDAY. AUGUST 10, 1013.
ITEARST’S SUNDAY AMERICAN,
frank struggles to prove his conduct was blameless
Co-Workers in the Factory Declare Stories of Factory Revelries Are Beyond Reason
Any W oolen Suit $20
Any Mohair Suit $15
When one ponders and considers the
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and remembers thequalities we have, it
affords full explanation for the ready
response to our sale announcements,
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61 Peachtree Street
Every Man on Panel Has Nick
name and Formality Has
Been Cast Out.
No member of the jury that Is to
decide Leo M. Frank’s guilt or inno
cence had expressed an opinion on
the case or even one witness’ testi
mony when the second week of the
trial ended yesterday afternoon, ac
cording to the deputies who have
them in charge.
In the court it is an attentive jury.
No bit of evidence gets by unnoticed,
no wrangle occurs between the at
torneys that is not given their undi
vided attention, and when a person
testifies they catch every word—
knowing the formal charge that will
come from the judge, “You are to be
lieve all of it, or any part of it, or if
you see fit so to do take the word
of the defendant, who is not under
oath.”
Out of the court it is altogether a
different kind of a Jury. Probably it
is that its members hear enough of
the case during “business hours” and
are glad to discuss topics that do not
I bring in the possibility of weighing a
man’s life. But not one member of
the jury has at any time expressed
any opinion. If there is one, it is
carefully guarded, but those who have
watched the faces during the two
weeks said yesterday that 1t was a
jury that was still open to conviction.
The formal “good-morning, Mr.
,” has been abandoned for the
more jovial "howdy-do,” and every
member has a nickname. Friday
morning each member came from the
hotel w ith a tiny white ilower on his
coat. They were ttfe gift from the
wife of a newlywed, who would not
be on the jury if Judge Roan had
listened to his excuses.
Saturday afternoon and Sunday
are the days that are really tire
some. They are allowed to commu
nicate with no one. and. save a morn
ing and afternoon constitutional, are
not permitted to venture from tho
three rooms assigned them. Last
week the attorneys consented for
therp to purchase magazines, or any
reading matter, to be censored by
the Sheriff, and. with the exception of
this diversion, a juryman on a two
or three week trial has anything but
the finest position in Atlanta.
Conley, Unconcerned,
Asks Nothing of Trial.
Despite the attacks of the defense
in the trial of Leo Frank has made
uiK»n his story. Jim Conley—from
whose lips fell the most damning and
abhorrent testimony A Georgia Jury
| has ever heard—sits caJwly in his cell
I at the Tower, inscrutable and uncon
cerned.
The negro, for weeks the greatest
puzzle in the criminal annals of tho
State, has become an even greater
puzzle since be told his story and was
taken back to the gloominess of tho
jail. Th© fact that he is an admitted
accessory after the fact In the mur
der of little Mary Phagan does not
apparently weigh upon his mind.
He asks no questions about the trial
or whether the defense has succeed
ed in breaking down his remarkable
tale, and whenever Information is
vouchsafd to him he receives it with
the same cunning smile that baffled
Frank’s attorneys and that has baf
fled students of criminology since tho
negro became connected with tho
Phagan case.
ASSISTANT TELLS HOHll
ACCUSED MAN
E
T COMPLEX ACCOUNTS
Testimony of Newsboy Who Said
He Accompanied Mary Phagan On
Street Car On Day of the Killing
Attacked by Defenses Counsel.
With one set of lawyers fighting to
send Leo Frank to the gallows arid
another struggling just as desperate
ly not only to save him from this
fate, but entirely to remove the stig
ma of the murder charge, the second
week of the battle for the young fac
tory superintendent’s life ended
shortly after noon yesterday.
The defense was only fairly under
way in its presentation of evidence.
Another week, at least, will be con
sumed in the examination of wit
nesses, and it is regarded as not at
all unlikely that the jury will re
ceive the case for its verdict not be
fore the latter part of the following
week.
More than 100 witnesses will be
called to the stand before the defense
rests. Som of them will be ques
tioned and cross-questioned at length.
Others wll' be on the stand only a
few minutes.
Conduct in Question.
Many who will be called are fac
tory employee*. They will he asked
in regard to Frank's conduct at the
pencil factory. This line of interro-
at ion already has been begun by the
d* fense. E. F. Holloway, day watch-
man at the factory, and N. V. Darley,
general manager. testified FMday
that women, aside from those of
Franks family, never visited him at
tin* factory. Herbert G. Schiff. as
sistant to Frank, who was on the
stand during, practically all of the
Katun iv Ffss.on, testified to the
sarru thing.
S( i.i' was taken into an exhaust
ive c • ••iptinn of the duties of Frank,
w hi: h w as dry and uninteresting to
the : usual spectator at the trial. His
testimony, hcrweveT, was regarded by
the defense as extremely important.
The financial sheet, in particular, on
which Frank worked the afternoon of
the murder, came up for extended
< onsideration. Schiff told in elabo
rate detail the complexities of the
sheet and the elements that entered
into its make-up.
It was the purpose of the defense
to show that it would have been en
tirely out of the realm of human
probabilities that Frank, after com
mitting an atrocious and brutal mur
der, could have sat down and, with
out a quiver of his pen or a shaking
of his hand, put down column after
column of figures and made scores of
notations with never an error.
Schiff was asked first in regard to
Frank’s customs and habits about the
factory. From his testimony it was
developed that Schiff generally was
at dinner on Saturdays from 12:30 to
2 o’clock and that Frank ordinarily
was away from the factory from 1
o’clock until 3. This made It practi
cally impossible for Frank to hav«
women visitors in his office during
the half-holiday without Schiff’s
knowledge. The witness denied that
he ever knew of such occurrences.
Gay Parties Impossible.
He added, under the questioning of
Reuben Arnold, that it was not at all
uncommon for persons from Montag
Bros, to call at the factory on Satur
day afternoons, and that gay parties
of this sort could not have taken
place. Salesmen, too, he said, inter
rupted the work on Saturday after
noons.
A spike was placed in C. B. Dal
ton’s testimony by ■Schiff’s statement
that he was in the invariable habit
of working with Frank at the office
Saturday afternoons, but that he
never saw Dalton before the trial be
gan. Dalton had testified that he was
an occasional visitor at Frank’s of
fice on Saturdays, and that Frank
always had two or three women with
him in the afternoon, but that no man
was working in the office with him.
Schiff also said he newer had seen
Daisy Hopkins, who Dalton said was
his companion, on these visits.
Schiff remembered that last
Thanksgiving wan cold and rainy and
that there was snow on the ground.
This evidence was brought out to
show the improbability of Conley’s
story which had a woman wearing
summery white slippers and stock
ings visiting the factory to see Frank
that day.
The witness recalled paying Miss
Helen Ferguson the afternoon of Fri
day, April 25. He was positive that
she did not ask for the envelope of
Mary Phagan and that she would
have asked no one else, as no one
else had anything to do with the dis
tribution of the pay envelopes. It is
a custom at the factory, he said, to
give one person’s pay to another only
on a written order, unless the person
making application is a relative.
Frank Easily Disturbed.
Asked in regard to the temperament
of Frank, he replied that the super
intendent was high strung and ner
vous and was easily disturbed by lit
tle accidents that happened about the
factory.
Schiff was -shown the financial
sheet for the week ending on the Fri
day of the week the tragedy oc
curred. He identified it as the work
done by Frank Saturday afternoon.
He said that the writing was unmis
takably that of the young superin
tendent. Attorney Arnold also had in
the courtroom the financial sheet for
every week during the year previous
to the crime. Schiff identified them
all as Frank's work and said that the
least complicated of them never took
les's than two and a half hours to
compile. The average time, he
thought, was about three hours.
All of the financial sheets will be
submitted as evidence to show that
the writing of Frank April 26 was not
tremulous, irregular or in any way
different from his writing in the 51
other financial sheets on file.
The witness explained the highly
complex manner In which the finan
cial Bhteet is made up and narrated
that the costs and profits were esti
mated each week on several thou
sand gross of pencils of different
grades and classifications, including
the materials which entered into their
composition.
The other witnesses of the day were
George W. Epps, the newsboy -who
had sworn several days previously
that he had ridden to town#with Mary
Phagan the day that she was killed,
and J. M. Minar, a reporter on The
Georgian.
A degree of suspicion already had
been thrown upon the story of Epps
by the testimony of the motorman anu
conductor of the car on which Mary
r«'de that day. Both testified that they
did not see the boy on the car. The
motorman asserted that another girl
rode with the Phagan girl after the
car arrived in town.
Boy's Credibility Questioned.
The reporter was called to strength
en further the doubt of the lad’s cred
ibility. He related that he had vis
ited the Epps home, No. 246 Fox
street, Sunday night, April 27, having
learned that the children of the fam
ily had been acquaintances of the lit
tle girl whose dead body had been
found that morning.
He went there, he said, for the pur
pose of finding who had seen the mur
dered girl last, and at what time she
bad been seen. He talked at length
both to the boy and his sister. In re
sponse to his question as to who had
seen Mary Phagan last he said that
Vera Epps, the sister, declared that
she had played with Mary the Thurs-
Mrs. Frank, the wife of the man on trial for his life, is, nejt to the defendant himself, the
most interesting figure in the case. Each day of the trial she has sat at her husband’s elbow, whis
pering consoling words in his ear when the blackest parts of the testimony have been brought out
by the prosecutor. At other times she glares defiance at her husband’s accusers. But out of the
courtroom she is a sad. heartbroken woman. Her face, as she goes between her home and the
courtroom, shows the tragedy that the killing of Mary Phagan has brought into her life. These
two pictures were taken yesterday as Mrs. Frank left the courthouse.
* *> THE WOMAN
0!
F SORROWS—MRS. L
,EG M
. FRANK v* * 11
IKJ
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1 SALE OF
Ladies’ hand-turned colonial pumps
and oxfords in white canvas, patent
colt, tan, viei kid and Russia tan.
Among them is a white canvas colonial
pump with a low heel, a patent colt co
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black satin pump with flat bow, and many
other styles. Monday, Tuesday and Wed
nesday they go on sale for
Another lot of White
Canvas Pumps and
Oxfords on sale for . .
Men’s Sorosis $5.00 Oxfords. $3.85
day before, and that George only toid
of occasions when he had ridden to
town with Mary when she was going
to work in the morning, mentioning
not at all that he had ridden with
her at noon only the day before when
she was on the journey that ended in
her death.
The most exhaustive examination of
any of the defense’s witnesses so far
introduced came Saturday with Her
bert Schiff on the stand. With an ap
parently remarkable memory Schiff
was able to answer clearly and al
most without hesitation a number of
detailed questions both by the lawyers
for the defen’se In direct examination,
and by the State's attorneys on cross-
examination. Even bits of conversa
tion were recalled, notably one be
tween Leo Frank and a Mr. Ursenbach
on the afternoon before the day of
the killing.
“Do you recall hearing a conversa
tion between Mr. Frank and Mr. Ur
senbach Friday about going to the ball
game Saturday?” Reuben Arnold
asked him.
"Yes,” said Schiff, “but not exactly
what was said. I heard Mr. Frank
say something about *1 will go if 1
! can. Charley.’ ’’
Seeming to refute Monteen Sto-
j ver’s story that she looked Into
1 Frank’s office and found that he wa?
not within. Schiff testified that it
would have been impossible for tne
girl to see over the open safe door
into all the office.
Failed to See Mesh Bag.
Schiff it was who looked into the
office safe the Monday following the
killing, according to his statement.
He said he saw nothing of tho silver
mesh bag of Mary Phagan. which Jim
Conley testified Frank hid in the safe
after the removal of Mary Phagan's
body.
That Jim Conley was frightened the
Tuesday following the murder, when
the investigation was at its height,
was another bit of Schiff’s testimony.
“I saw him near the shipping room,’’
related Schiff. “I asked him what he
was doing there, and he said he was
afraid to go out. He said he would
give a million dollars to be a whla;
man. I answered that that would
not do any good, as they had tuk. :.
Mr. Frank.”
Under Solicitor Dors?y’s ersos-ex-
amination, Schiff said that Frank ap
peared eager to employ the Pinker
ton detectives to work toward clear
ing the mystery, declaring that the
young superintendent called him over
the telephone two or three times
Monday after the murder to talk > vt.r
various matters, once t<: suggest the
employment of detectives.
“He asked me to take, up with Mr.
Montag the employment of a private
detective,” said Schiff. “and suggested
the Pinkertons^ He sai l he thought it
was only fair to the employees.”
At one stage in the examination of
Schiff. Judge Roan threatened to have
cleared the courtroom. A number of
spectators had burst into laughtf-r
at a sally between Attorney Arnold
( nd Solicitor Dorsey.
Questions asked Sciiiff by the de
fense’s lawyers seemed to show that
by him they would bolster their the
ory that Mary Phagan’s body was
lowered to the factory basement D\
some means other than the elevator,
which the State contends was tru-
means used.
Trapdoor Not Locked.
Schiff testified that not only was
there a hole in the rear of the fac
tory leading to the basement, but
also a trapdoor, which was not locked.
He was asked about the door leading
from the National Pencil Factory's
space into the room used by the Clark ,
wooden ware department from which
access to the basement is easy. He
said that he noticed the door hud been i
apparently cracked open.
Schiff’s testimony was unshaken by
cross-examination, and he proved an
able witness for the defense, much
more so thaji the other factory em
ployee, E. F. Holloway, who became
confused on the witness stand under
the grilling cross-examination of So
licitor Dorsey.
The attack of the defense on Con
ley’s character was evident with
Schiff on the stand. The witness w <a
asked at length concerning the negru
and replied that he was-worthless, un
reliable and untruthful.
It is likely that Schiff will he railed
again to the stand when the trial *s
resumed Monday.
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I Pound pkg. Corn Starch 6 1-2c
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80c Tea, fine for icing 39c
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