Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 11, 1913, Image 2
TTTF AT T ’.VTA f ; FOP Cl T '
* yn xfws.
FRANK SPENDS HALF HOUR STUDYING PENCIL FACTORY MODEL
Wife and Mother Kiss Prisoner as Trial Opens Upon Its Third Week
KERTON MAN WHO
TESTIFIES FOR FRANK
Continued From Page 1.
Those pieces apparently were not
masticated at all,” the physician said.
“They would have Interfered with di
gestion and the passage of food out
of the stomach into th<* small intes
tine by obstructing the pylorous. They
would undoubtedly have kept all of
the solid contents in the stomach for
some time.
“Just from my observation of those
pieces of cabbage I would say that
they could have been in the girl’s
stomach for seven or eight hours be
fore passing out.”
Attacks Dr. Harris’ Conclusion.
He attacked Dr. Harris' conclusions
based on the fact that only 32 de
grees of acidity were found in the
girl’s stomach on the ground tha:
there was no way of telling whether
the, acidity at the time digestion was
stopped was ascending or descending.
If it w-ere descending, he said, it would
indicate that the-acidity had risen to
its maximum point and was on Its
downward course, a condition which
obtains only when the food has been
in the stomach for a considerable pe
riod
I>r. Harris* theory that no digestion
had taken place in the small intes
tine he combatted by declaring that
the formalin in the emoalming fluid
would have destroyed the ferments of
tiie pancreatic Juice and would have
left no way of telling whether or no;
Dr. Harris’ theory was correct.
Attorne.y Arnold then propounded i
hypothetical question to the witness
embracing all of the conditions which
were found in the stomach of Mary
Phagan and then asked him if he »r
any other doctor couid hazard a guess
as to how f long the food had been
in her body before death.
Dr. Bachman replied that it would
be impossible.
The most important admission that
i v Solicitor wrung from the witness
was that*, if one didn’t find malose n
the stomach, but did find starch t
would be probable that digestion ha 1
not progressed very far
On the re-direct, Arnold asked the
witness:
“Do you know of anyone else in
the w’orld. except Dr. H. F. Harris,
who would venture an opinion of the
nature he has given on the data in
his possession?"
Dr. Bachman said he did not. He
added also that the medical profes
sion never accepted n pronouncement
of this sort unless It was confirmed
by other experts.
New Theory Sprung.
A new and important development
in the State’s theory of the murder
of Mary Phagan came to light Mon
day when Solicitor Dorsey sought to
establish that Leo Frank very easily
could have compiled Saturday fore
noon, instead of Saturday afternoon
following the crime, the intricate
financial sheet which the defense has
introduced
Herbert Schiff. assistant superin
tendent of the National Pencil Fac
tory, already had identified the finan
cial sheet as the work of Frank, pre
sumably done by the superintendent
on Saturday aft<u*noon, as this was
his usual time for doing it.
Reuben Arnold had displayed the
sheet to the Jury and had drawn the
Jurors’ attention to the fact that the
writing was regular, clear and with
out any sign of trembling or nervous
ness on the part of the writer. The
evident purpose was to show that
Frank, after brutally murdering a
girl, could not have done all the diffi
cult mathematical work without error
and without signs of agitation in his
writing.
The Solicitor, however, started right
out on a line of questioning that in
dicated his opinion was that Frank
had done the work during the morn
ing hours instead of after Mary Pha
gan had been slain.
Time for Makinci Report.
Dorsey first asked Schiff. who was
recalled to the stand, if it would not.
have been possible for Frank to have
done the work on the financial she»;
between 8:30 and 10:30 o’clock in the
forenoon before he went to Montag
Bros., and between 11:30 and 12:00
o’clock, after he returned from the
Montag plant. Schiff said that there
would have been time for the work.
Dorsey recalled to the witness’ mind
a conversation between Frank and \
E. Ersenbach Friday afternoon, in
which Frank said he weft]Id try to get
his work in shape in time to go io
the baseball game on the following
day.
It was the implication of the So
licitor that Frank had hurried through
with his work Saturday morning and,
as a matter of fact, had it completed
or nearly completed before the after
noon.
Finishing w’lth this line of ques
tioning. the Solicitor began an attack
on the time element which the de
fense has introduced in the trial
Dorsey questioned Schiff at length
as to the accuracy of the clock In the
office floor, with the apparent inten
tion of arguing that when Monteen
Stover came into the factory and sa a
the clock hands pointing io 12:65
o’clock, the correct time really might
have been 12:12 or 12:15 after Man
Phagan entered the factory and went
to Frank's office. Schiff maintained
that the clock always was kept on
time by W. and A. yard whistles.
Mr*. Frank at Office.
On the redirect examination Schiff
eaid that the financial sheet always
was made up Saturday afternoon,
and never in the morning. He said
the correspondence and entering and
acknowledgment of orders always
were taken care of in the forenoon
Attorney Arnold also brought out
the testimony that Frank's wife fre
quently came to the factory Saturday
afternoons .to help her husband in
stenographic work.
Schjtf explained keeping Jim Con
ley in rne employ in the factory after
di&covering hm unreliability by say*
Ing that It was difficult to teach new
negroes tne work. He denied that he
ever had tried to discharge Conley
and that Frank had prevented it.
Frank’s Aunt in Court.
Mrs. Jacob Selig, aunt of Leo
Frank, wa» the third woman visitor
of his family to the court Monday
morning She had a seat near the
prisoner and his mother and wife.
Before gourt convened Frank asked
permission to examine the paper mod
el of the'National Pencil Company
that had been offered in evidence by
the defense. He spent some 30 min •
utes closely examining tills model.
Frank was in court early. His wife
and mother came in and kissed him,
taking seats on either side of him.
it was reported around the court
room that the jury would be taken
visit the National Pencil Company
building. Attorney Reuben Arnold for
the defense said hat he personally
would be very glad for the Jury to
make the examination. Solicit or Dor
sey said he did not know' whether ne
would consent.
Just before Schiff was recalled to
the stand Mr. Arnold announced that
Miss Hattie Hall, stenographer for
Montag Brothers, who was at the
factory Saturday, April 26, to take
some dictation from Frank, probably
would be the next witness. Solicitor
Dorsey resumed his cross-examina
tion of Schiff.
Schiff’s “Darta” Puzzles Dorsey.
Q. Mr. Schiff, of course you don’t
know to your personal knowledge that
this finance sheet was made up on
Saturday?— A. It couldn't have been
made up before.
Q. Why?- A. I had not accumu
lated the “darta” (data) Friday, as I
always did.
Q. The what?—A. The data (pro
nouncing it as though it w'ere
“darta.’’)
Mr. Arnold Interrupted: “He means
data."
Mr. Dorsey mid he didn’t know
whether Schiff meant data or some
sort of sheet he was accustomed to
making out.
Q. Couldn’t you take the data gath
ered by Mias Eula May Flowers and
the others and have gotten up thie
sheet?—A. 1 think 1 might have.
Frank Not an Expert, He Says.
Q. You haven’t made up one since
Frank left?—A. No; simply because
wo have not had time.
Q. Don’t you consider him an ex
pert?—A. 1 do not.
Q Go ahead and tell me what he
v/ould have to know.—A. The slat
record.
Q. Is that here?—A. No.
Q. Can you get me a slat record?—
A Tea.
Q. Well you get one and bring it
back here. Now, is tin* slat record
more complicated than this forelady’s
report?—A. It is a great long sheet.
Dorsey Questions Sharply.
Q. Tell me the truth. Is it more
complicated?—A. I am telling you tin-
truth, Mr. Dorsey.
Q. Well, doesn’t he Just take the
total from all the reports?—A. No, he
has to do some figuring and other
work.
Q. Well, what else?—A. He has to
get the tipping record and several
others
Q. Do you mean to tell me, then, that
the totals in these reports and the
body of the report are not the same
handwriting?—A. I do,
Q. Now this financial sheet? Do
you mean to tell ine it is all in the
same hand writing ?—A. It certainly is.
Q. You are sure of it?—A. Yes.
Could Have Done It in Two Hours.
Q. Now, entering all these eleven
orders and this financial sheet, was
that all Frank had to do that Satur
day?—A. All 1 can think of.
Q. Do you know that it was done
Saturday?—A. No, hut it was not done
Friday, and he did not work on it
then.
Q. When did you see this work?—A.
Sometime Monday or Tuesday.
Q. Now, could Frank have done this
work between 8:30 and 10:30 o’clock
that morning?—A. Yes. if he was not
Interrupted.
Q. Well, didn't you tell us Saturday
that Frank could do that work in one
and cne-half hours?—A. 1 did not.
Q. Well, all the work you know
that was done there Saturday was
the financial sheet and entering those
orders 0 - A. So far as 1
Orders in Frank’s Writinfl.
Q wen you puiU oil Ajil'n 26?—
No.
Q. Was Frank?—A. No.
Q. Now, are you quite sure Frank
entered those orders?—A. They are
in his handwriting.
Q. Now, it took about two minutes
to put down these things and a min
ute to add them over?—A. Yes.
Q. Will you look there and tell me
whether there is an entry on April
26 for $2 advanced Arthur White?—
A. It is not on this book, it is on
the time book.
Q. Who entered it?—A Mr. Frank.
Q. Have you got the receipt for $2?
—A. 1 can, get it.
Q. Who made note of that on the
record? A. Mr. Frank did. I entered
it on the time book the following
week.
Mr. Arnold interrupted. “You had
better make a note of those various
things Mr. Dorsey wants.’’ he said.
No Record of Orders.
“I know exactly what he wants,”
replied Schiff. Dorsey continued the
examination.
Q Is there any record on this
financial sheet of the orders you said
came in on Saturday?—A. No.
Q. You told Mr. Arnold there was?
—A. 1 told him that as a rule there
was.
Q. But there is no rc ord here?—
A I was telling Mr. Arnold what Mr.
Frank did on Saturday. Ivion’t see
any place on the financial sheet for it.
Q Now tell this Jury what there
is to show that these orders did not
come in before Saturday. April 26.—
A They were not there Friday night.
I had looked through the files.
Q W as there any reason why the
sheet had to be at Montag's Monday?
■—A. It was our custom.
Q. Mr. Frank was a man who al
ways stuck to his business? He
would never go away unless his busi
ness was up?—A. Yes.
kk Mr. Schifi* didn’t you swear ba-
W. I). Me Worth, Pinkerton man, who will testify to finding
bludgeon and part of a pay envelope behind radiator on first floor
of factory. The defense will offer the “finds” to the jury without
making any great claims for their importance or genuineness.
fore the Coroner that it would take
two hours and thirty minutes to get
up the data and make up the sheet?—
A. I may have misunderstood the
question. I say now that ; it would
have taken from two and one-half
to three hours.
Frank Faster Than He Is.
Q. If hi had an engagement and
wanted to speed up. couldn’t he do it
within two and one-half hours?—
A. Not and make it look the same.
Q. Is Frank a faster man than you?
—A. Yes. He is a faster man on a
financial sheet.
Q. Didn’t you swear before the
Coroner that Frank could have gotten
the sheet up thirty minutes quicker
than you?- A. 1 could not have speci
fied any time. 1 have never made up
tile sheet.
Q. Then you deny this statement
before the Coroner?—A. No, I didn't
deny It. It is not in my exact lan
guage.
Q. How long did you say it would
take Frank to balance the $60 in petty
cash?- A. That is hard to say. I
think 1 said before the Coroner that
it woud have taken from one to one
and one-half hours.
Q. How do you remember where
you were last Thanksgiving?—A. One
tiling I intended to do was to go to
Athens to attend a football game. It
snowed. The B’Nai Brith had an
affair that night. 1 helped Mr. Frank
carry some packages there.
Q. Do you mean to tell the Jury that
you recall every Saturday?—A. I re
call that I have never missed a day
since my vacation.
Tell* of Thanksgiving Day.
Q. Do you know what time you left
the factory that Thanksgiving Day?
— A. Yes; I left with Frank at 12:30.
He went home.
Q. Do you know whether he went
back that afternoon?—A. Yes; a
friend who was with him told me
where he was.
Q. Then from your knowledge you
do not know whether he went back
or not?—A. No.
Q. Now, how do you recall that Hel
en Ferguson came there Friday?—A.
1 Just remember it.
Q. Well, who else came?—The wit
ness enumerated fifteen other em
ployees.
Q. Can you tell me who came the
Saturday before?—A. No; I had an
idea in looking up and refreshing my
memory as to that day.
Q. Now, that sheet had to be made
up by Monday. Why was that data
not ready Friday night?—A. 1 don’t
know.
Q. How were the pay envelopes
numbered?—A. One to two hundred.
Q. Where was the number?—A.
That varied. The office boy had no
regular place for it.
Questioned About Bas«ment.
Q. Now. this place where the chute
is located is pretty dark, and few
l>eople go there?—A. Yes.
Q. It is one of the most remote
spots in the basement?—A. Yes.
Q. This place down there is not
used?—A Yes; we put schlich down
there to keep it cool.
Q. How often do you go down
there?-—A. Every two or three days.
Q. Now, you saw that place where
the blood was?—A. In the metal
room?
Q. Yes. A.—Yes, I saw It.
Q. Did you notice anything about
it 7 —A. I: was under something white
that looked like a compound.
Q. Was it smeared?—A. No, It
looked like other spots in the factory.
Q. When did you notice the door
leading from the chute?—A. I came
up there two or three days after the
murder, and it was open.
Q. You are sure of it?—A. Yes.
Never Lost a Day.
Q. Now, you told Mr. Arnold that
you were at the factory May 31. How
do you recall that?—A. For the simple
reason that I have never lost a day.
Q. Well, did you mean by that that
you were there that Saturday after
noon after 12:30?—A. Yes.
Q. You didn’t consider it losing
time, then, if you left Saturday after
noon?—A. I certainly did. 1 remained
there at work.
Q. Then you do say' you were there
that Saturday afternoon?—A. Yes.
Q. Was that clock always right?—
A. Usually it was on time.
Q. Who set it?—A. Holloway, I
think.
Q. Who saw that it was right?—A.
I don’t know.
Q. How do you set that clock?—A.
1 set it. Holloway sometimes winds
it up.
Q. Is it correct? Does it ever get
fi\e minutes fast?—A. Whenever 1
looked at it it was on time.
Q What did you set it by?—A. A
watch or whistle.
Q. You employ reliable people ai
the pencil factory? You don’t keep
those who lie and are untrustworthy-
—A. Some of them are not.
The defense objected to this ques
tion and was sustained.
Q. When did you discuss the
worthlessness of Jim Conley? A A
long time a^o. About the first time
I ever spoke to him.
Q And vou continued to keep him
—A. We moved him from the elevator
to the fourth floor.
Q. Whom did you tell he was worth
less?—\ n was talked to me.
q. By whom?—A. Schiff named a
long list of employees who had com
plained about Conley borrowing mon
ey and being worthless.
Q. Didn’t you complain to Frank
about him. and did Frank overrule
you ?—A. Mr. Frank is not over me
Q. Did you have the authority to
fire Jim Conley?—A. 1 did. J
Q If he was so worthless, why
didn’t you fire him?—A. It was so
hard to get a negro who knew any
thing about the work.
Q. And vou kept him there for two
years?—A. He was in the chaingang
two or three times.
Saw Conley on Chaingang.
Q. How do you know?—A. I saw
him once working on Forsyth street
in front of the factory.
Q. You swear that he was on the
chaingang two or three times?—A.
Women came to me once or twice to
get money to pay him out.
Q. Out of what?—A. The chaingang
or the calaboose. I am not versed in
those things.
Q. Why did you swear he was on
the chaingang three times?
Arnold interrupted: "Your honor, I
object. He doesn't 'cross-examine a
witness. He just quarrels with him.
The best evidence of Conley's stock
ade career is the record.”
Dorsey—I have got the record, and
I am going to introduce it. That is
why I want to pin this witness down.
Judge Roan ruied the witness mus*
answer the question, but the witness
should not be any more explicit.
Knew Conley Could Write.
Q. If any of these books got down
into the basement, they went into
the trash, didn’t they?—A. Yes.
Q. Now, these other books?—A.
They were kept all over the place.
We gave them to the negroes.
Q. Just who did you give them to?
—A. I gave one to Jim Conley. He
wanted to write home.
Q. Then you knew' he could write?
—A. Yes.
Q. Didn’t you knew his home was
right here?—A. I did not.
Q. What did these negroes do with
these pads when you gave them to
them?—A. They got on the elevator
and went to the basement to write.
Q. How did they get light?—A. In
front of the boiler.
Q Did you ever see Conley there?
-A] Ye*
Q. Now, Frank was very anxious to
have the Pinkertons at work?—A.
Yes.
Q. When did you report Conley’s
strange action to the Pinkertons or
the police?—A. I don’t recall.
Q. Did you report it to Mr. Frank?
He was anxious to have the murderer
caught?—A. I think so.
Arnold Balk* at Hurrying.
Q. Now. w’here would a person have
to stand on the fourth floor to see
the office floor?—A. He could not.
Q. Where were Denham and White
on the fourth floor?—A. I was told
Q. Then don't bother. Were you at
the factory when detectives made
certain experiments with the eleva
tor?—A. Yes.
Arnold then took the witness on
tho redirect examination.
Judge Roan said: “Hurry up, Mr
Arnold.”
Rosser spoke up: “Your honor, time
should not be considered. A man’s
life is at stake.”
Judge Roan: “Go ahead.”
Q Was tha* sheet usually made up
in 'he morning or afternoon?—A
Afternoon.
Q. Now, is it not a fact that Frank
is interrupted almost constantly by
salesmen or employees who have
some adjustment of their pay envel
ope to request?—A. Yes, quite a few
interruptions.
Q. Do you not change your opinion
that it would take one and one-half
hours to All out these requisitions and
enter the orders?—A. I do not. It
would take about that time.
Q. When was this made up?—A. In
the morning.
More About Financial Sheet.
Q. Was the financial sheet ever
made up in the morning?—A. No.
Q. Do you change your opinion that
it would take two and one-half to
three hours to make up the financial
sheet?—A. I do not.
Q. What length of time would you
say he worked (here Saturday?—A.
My original estimate—six hours.
Q. Is this financial sheet of April 26
any different from the reports of
three months previous?—A. It is not.
Q. Mr. Dorsey asked you whether
these initials, “H. H.,” of April 26
did not mean the last work that was
done on that sheet? That It might
have been entered two or three days
before? Now, what does it really
mean?—A. Nothing, really. Those
initials and that date would have been
there if it had been entered Satur
day, regardless of the date it was
acknowledged by Miss Hall.
Dorsey Objects to Slur.
Q. Now, Mr. Schiff (I am going to
call him Mister. I am not as fa
miliar with him as Mr. Dorsey seems
to be. He calls him “Schiff’ all the
time), you say the murder caused you
to remember paying off Helen Fer
guson on Friday?—I said that.
Dorsey objected
Judge Roan sustained the objection.
Mr. Arnold put the question in a
different form, and received the same
answer. ,
Q. Mr. Schiff, this diagram (point
ing to the prosecution’s diagram of
the factory) does not show the open
ings into the Clark wooden ware de
partment, does it?—A. It does not.
Q. Mr. Schiff, it is rather unpleas
ant to fire a negro /md then have to
hire a new one and teach him the
work, is it?—A. It is.
Hooper Interrupted: “Your honor,
if he is not leading this witness, 1
do not know what you would call it.”
Judge Roan sustained the objection,
and Mr. Arnold again changed his
question.
Didn’t Know of Detectives’ Hunt.
Q. Mr. Schiff, you didn’t know the
detectives were trying to find out it
Conley could write?—A. Not for some
time.
Q. Mr. Schiff, did Mr. Dorsey sub-
pena you to come to his office, and
did you know you didn’t have to go?
—A. Yes; I was subpenaed—he tele
phoned me.
Q. Do you know where the sacks in
which you keep the cotton were kept?
—A. Just outside the metal room.
Q. Were there any empty sacks
there?—A. I don’t know. We never
keep empty ones there except for a
fw hours after they are' empty.
Dorsey took the witness on the re-
cross-examination.
Q. Mr. Schiff, you talked to Mr.
Arnold about customs up there. Was
it Mr. Frank’s custom to make en
gagements Friday afternoon for Sat
urday afternoon, and neglect his
financial sheet?—A. It was not.
Arnold interrupted: “We don’t
want to argue this point. We just
want to be recorded as objecting.”
Dorsey was allowed to continue.
Q. Was it Mr. Frank’s custom to
keep his engagements?
Arnold objected: “We must op
pose this.”
Judge Roan sustained the objec
tion.
Noted Conley’s Attitude.
Q. How long did it take Frank to
go from the pencil factory to Mon
tag’s?—A. From three to five min
utes.
Q. How far is it?—A. About two
and one-half blocks.
Q. What time was it Monday you
observed this peculiar bearing of Jirr.
Conley?—A. Between 7:30 and 8
o’clock.
Q. What time did you go with De
tective Starnes to arrest Gantt?—A.
Some time late in the day.
Q. After you had observed all of
the suspicious conduct on the part of
Conley you have just been teiling
about?—A. I think it was.
Q. When you looked at this white
stuff and the red spots under it, were
all of tho«e blinds on the north s»ae
open or closed?—A. Open.
Q. If they had been closed it would
have been much darker in there,
would it not?—A. Yes.
Dorsey and Schiff Argue.
Mr. Schiff differed with Mr. Dor
sey about the location of the ladies'
FRANK’S ASSISTANT
AT PENCIL FACTORY
HERBERT SCHIFF.
dressing room on the second floor.
After considerable argument, they
agreed on the locaton, and the exam-
nation continued. '
Q. Is it not true that most of the
light that shines on the spot where
the blood was comes from the win
dows on the north side?—A. No, sir.
Q. Would it make any difference
whether those Jflinds were closed?—A.
Yes; but about as much light comes
from the west as from the north side.
Arnold took the witness again.
Q. Mr. Dorsey has the door to the
ladies’ dressing room and the door to
the metal room out of position, hasn’t
he?—A. No, sir.
Q. Did you ever see Mr. Frank talk
ing to little Mary Phagan?—A. I never
did.
Professor Bachman on Stand.
Schiff was excused from the wit
ness stand and Professor G. Bachman
was called as the next witness in re
buttal to the expert testimony of Dr.
H. F. Harris.
Attorney Arnold examined him.
Q. What is your occupation?—A.
Professor of physiology in the Atlanta
College of Physicians and Surgeons.
Q. Have you made any study of di
gestion.'—A. Yes, I teach It.
Q. What time would It take cabbagp
to digest?—A. Four and one-half
hours to get out of the stomach.
Q. What is the time required for
biocuit to digest?—A. Not less than
three hours.
Q. What time would you say a
meal of cabbage and bread would
take to digest?—A. It would depend
on conditions.
Q. Is it possible to say how long It
would take to digest anything?—A
It is not. The failure to masticate
would materially retard any digestive
process.
Might Stay Long in Stomach.
Q. Suppose a person had not prop
erly masticated cabbage, would the
unmasticated portions come in contact
w ith the pyloris and keep the rest of
the food in the stomach any length
of time?—A. Seven to eight hours
Q. Suppose a physician made an ex
amination of the contents of the stom
ach, couid he say how long it had
been there?—A. He could only hazard
a guess.
Q What part of digestion goes on
in the stomach.—A. Only about half
Q. Look at this cabbage and tell
me whether it has been masticated
(handing him the specimen of cab
bage eaten by Mary Phagan).—A.
Hardly at all.
Q. How long would it take this to I
pass out?—A. It would defend on the
acidity.
Q. In a dead body, if you find 32
degrees of acidity could you tell
whether it was ascending or descend
ing?—A. Absolutely not.
Q. After a body dies and is thor
oughly embalmed, what effect would
it have on the pancreatic juices?—A.
It would destroy the ferment.
Q. Does it affect the hydrochloric
acid?—A. No.
Q. You investigate and find proba- i
bly a drop and a half of hydrochloric i
acid. Did you ever hear of a drop j
of it?—A. No; it is a eas.
Calls Time Estimated Impossible.
Q. Investigating this body several
days after death, would it have been
poMibie Lor anyone to say how long
that food had been in the stomach?—
A. It would have been absolutely im
possible.
Dorsey took the witness on cross •
examination.
Q. Where were you bom?—A. Mul-
chausen.
Q. French or German?—A. French
Q. How long have you been in this
country?—A. Since 1903.
Q. How long have you been where
you are now?—A. Four years.
Q. What do you teach?—A. Physi
ological chemistry.
Q. Are you an expert chemist?—A.
I am so fa? as the body is concerned.
Q. What is the principal property
of wheat bread?—A. Starch.
Q. Where does starch digestion be
gin?—A. In the mouth.
No Such Word, Says Expert.
Q. What is amidulin?—A. I never
heard the word.
Q. What is erythrodextrin (Dorsey
spelled the word slowly)?—A. Write
it out (Mr. Dorsey wrote both words).
There is no such word as the first
and the second is a srtage in the di
gestion of starch.
Solicitor Dorsey launched into
technical examination, spelling most
of the words. Deputy Plennie Minner
had to rap often to hush the laugh
ter in the courtroom.
Q. With an Ewald test breakfast,
how long would it take to get a posi
tive starch test?—A. All the time the
food i^ in the stomach.
Q. Didn’t you know that medical
authorities agree that it takes from
30 to 40 minutes to get such a test?—
A. There is no authority for such a
statement as you put it.
Q. Would finding a positive starch
test indicate how long the food had
been there?—A. It would indicate
nothing. Starch is not digested in the
stomach.
Q Then how are doctors able to
prepare tables on the process of di
gestion?—A. They can tell from the
proteins combined with the hydro
chloric acid. Starch does not. There
is nothing certain or clear about these
matters.
I Calls It Only a Hazard.
Q. How do medical men agree it
takes about four hoars to digest cab
bage?—A. That is a hazard.
Q. Then, tell me what the average
condition would be if you found starch
but no maltose in the stomach?—A.
I would «iy the food had not been
there very long
Mr. Rosser interrupted. "I want to
say that we are not dealing with an
Ewald breakfast. We are dealing with
cabbage and bread. We want the
young Solicitor to come down to fried
cabbage and bread—the matters we
are dealing with.
Judge Roan ruled that the Solicitor
might question the doctor tQ deter
mine his scientific knowledge.
Q. You never heard of any ona
making any experiments with the va
rious stages of digestion or have you
made any yourself?—A. That'is true.
Questioned on Cabbage Specimens.
Q. Doctor, take these two samples
(handing him Dr. Harris’ vials of
cabbage). Assuming that this one
has been in a normal stomach one
hour, how long would you say this
one had been in (the cabbage Mary
Phagan ate) had been in a normal?—
A. I would say seven or eight hours.
Q. Why?—A. Tlie pieces are s«o larg^j
they would delay the substances in
passing from the stomach into the
small intestines.
Q. Don’t you know' there have been
coins to be known to pass from them?
—A. After seven or eight hours.
Q. Do v£.u mean to say they s»top
up the alimentary canal?—A. No, but
they don’t go ir. for several hours.
Q. Now, leave out the time required
to pass out of the stomach—what
would you say?—A. That would de
pend on the conditions.
Q. Well, supoose that all condition*
w'ere the same?—A. I would say that
the digestive processes could not
reach those larger pieces at all.
Refuses to Venture Opinion,
Q. Why do you reject the hypo
thetical proposition that these two
specimens w r ere masticated the same
way and that thie specimen was taken
way and aht this specimen was taken
out in a period of from 45 to 60 min-
tes. and how long would you say this
one (Mary Phagan’s) had been there?
A. I could not say.
Q. But if everything were equal—
w'e would say?—A. I still could not
■ay.
Q. What is the difference between
a meal of bread and water and a meal
of bread and cabbage? (The physi
cian gave a technical discussion of the
different properties of the foods).
Arnold took up the redirect ex
amination.
Q. Would you take one man’s w T ord
about these tests?—A. No. The medi
cal profession never takes one man’s
statement unless it is confirmed.
Q. Do you know any doctor besides
Dr. K. F. Harris who would venture
an opinion on how long cabbage had
been in a stomach?—A. I do not.
Court recessed until 2 o’clock.
Dr. Mancock Is Called.
Dr. T. H. Hancock, of the Atlanta
College of Physicians and Surgeons,
was the first witness of thq afternoon
session. Before the examination be
gan he made a statement to the effect
uiai ne had examined Leo Frank and
had found him to be a perfectly nor
mal man, physically and mentally.
Attorney Arnold took up the exam
ination.
Q. Take a body embalmed eight
hours a f ter death and one gallon of
embalming fluid containing 8 per cent
formaldehyde, the body exhumed
eight days after death, a cut one and
one-half inches long found behind the
ear, no fracture of the skull—could
any physician say whether that blow
caused unconsciousness?—A. No, the
bone might have been fractured and
still not produce unconsciousness.
Q. How long would it have bled
after death?—A. Maybe eight hours.
Q. Could any doctor say whether
such a blow' produced death or not?—
A. No.
Q. If it had been a sharp cut, would
it have bled more'than otherwise?—A.
A live person w’ould bleed more than
a corpse.
Q. Where is the best evidence of
strangulation?—A. I don’t know' from
my own knowledge, and the authori-
ta s differ.
Mr. Arnold explainer the condition
of Mary Phagan’s stomach as de
scribed by Dr. Harris.
Q. Could you give any intelligent
idea of how long that cabbage had
been in the stomach before death
when the analysis was made nine
days after burial and after the body
had been embalmed with a fluid in
which there w r as formaldehyde?—A.
I could not.
Q. Could anyone?—A. I think not.
Q. Why?—A. Because of the varia
bility of processes of digestion and
the amount of acidity.
Tells of Tests With Cabbage.
Q. Doctor, where does digestion be
gin ?—A. I am not an authority on di
gestion, I am just telling you what
I know from study.
Q. Well. I would rather have the
opinion of a man of practical expe
rience than an expert.—A. Digestion
begins in the mouth.
Q. Do you believe that any man
by any chemical analysis could give
any dependable information on how
long this cabbage w’as in the little
girls stomach?—A. I do not.
Q. Have you made any experiments
of the process of digestion on cab
bage?—A. Yes; on one man and four
women.
Dr. Hancock produced the cabbage
with which he had experimented. The
first sample had a chocolate color.
The cabbage was w’ell chew'ed.
Q. What is this chocolate color?—
A. The young woman said she drank
a chocolate milk about three and
one-half hours before I gave her the
cabbage.
Q. And how long was the cabbage
in her stomach?—A. Sixty minutes.
Q. And here is the chocolate three
and one-half hours after being taken?
—A. Yes.
Q. Now' take this speciment—what
Continued on Page 3, Column 7.
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