Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 10, 1913, Image 5

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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 offering made at the prices quoted above and remembers thequalities we have, it affords full explanation for the ready response to our sale announcements, Cloud-Stanford Co, 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 ^lillllll(!!ll!lillllllllllii!ll!lllllll!llilillllllllllllli!lll!llllllllllillllllllllfllllllllli 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 lonial pump with a low heel, a pretty 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. Cash Gro.Co. 118 A 120 I Whitehall i Monday Specials Good, Sound, Juicy, Ripe LEMS; 12c Winner Milk, 10c; dozen $1.09 Eagle Milk, 15c; dozen $1.69 Meadow Gold Butter, pound. .33c Parksdale Butter, pound 28c I Jello Ice Cream Powders. .61 -2c f I Pound pkg. Corn Starch 6 1-2c 40c Edgewood Coffee, pound .28c 80c Tea, fine for icing 39c CA r H GROCERY CO.,