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TTTF. ATLANTA (TROT? HT AN AND NEWS
SOLICITOR HUGH DORSEY GRILLING WITNESSES IN FRANK CASE
* V'^i
Dorsey
Gentle
and
Persuasive.
Dorsey Waxing Sarcastic
in the Course of a Cross-
Examination.
Dorsey Arising to tue Full
Fower of a Dynamic
Attack on a Witness.
her to be done. She can state how
long she thinks it would take to finish
that work. She can not state, how
ever, what he told her over the tele
phone about what he expected to do.”
Frank Leaves
Court With Sheriff.
ATTACK, STATE
ALLEGES
Continued From Page 1.
1894 on three separate counts for
stealing In Walton County.
Dalton aloo admitted that he had
been Indicted in 1899 in Walton Coun
ty for theft and had paid a fine of
$141.46.
Attorney Arnold showed the wit
ness copies of four indictments and
asked if he knew these had been is
sued against him in Walton County
for selling liquor to Don Tillman and
Bob Harris. Dalton denied all knowl
edge of the indictments
Witnesses Assail
Dalton’s Character.
As soon as Dalton left the stand
V. R Cooper. J. H. Patrick. W. T.
Mitchell and I. M Patrick, all resi
dents of Walton County, were called
to the stand and testified that they
knew Dalton and that they wouldn’t
believe him on oath in a court
justice.
Misses I^aura Atkinson and Minnie
Smith were called, and denied Wal
ton's testimony in regard to being In
A House.
A Home,
A Horse,
A Coic
These
‘‘Want Ads”
Will Tell You How
Read for Profit;
Use far Results.
t
their company.
Dalton testified, when he was called
by the State last week, that he had
visited the factory basement with
Miss Daisy Hopkins and that he. fre
quently had seen Frank in his office
with women.
An unassailable alibi was the ob
ject In view when the attorneys for
Frank began the questioning of a
long line of witnesses who were
called io testify In regard to every
known movement of Frank Saturday,
April 26, the day that Ma»y Phagan
was slain
The testimony of Miss Hattie Hall
was the first along this line. That of
Alonzo Mann, office boy, was next.
That Frank did not do any work
on the financial sheet Saturday fore
noon was one of the most important
declarations made by Miss Hall. She
had testified at the Coroner's inquest
that she assisted Frank in compiling
this sheet, but she explained to So
licitor Dorsey that she was mistaken,
and it was only one of the tabula
tions from which the financial sheet
was being made that she had worked
on.
Her testimony on this point strikes
at the State's theory that Frank did
the work in the forenoon.
Miss Hall also testified that Frank
signified his desire to have her work
for him at the factory in the after
noon and had asked Harry Gothel-
mer to come back to the factory in
the afternoon, requests which the de
fense will claim t stabllsh conclusive
ly that Frank was not arranging for
the commission of any crime or
wrongdoing Saturday afternoon.
The witness said that she left the
factory first at 12 o’clock as the whis
tles were blowing, but that she forgot
her umbrella and returned to Frank's
office for it. noting that it was 12:02
is she left finally. She declared that
he did not see Lernmie Quinn enter
Frank's office. Conley testified that
he asw Quinn enter the fuctory before
the arrival of Monteen Stover or Mary
Phagan. The Stover girl said she
reached the office floor at 12:05
o’clock.
Miss Hall indignantly denied the
imputation of Solicitor Dorsey that
her salary had been raised as the re
sult of »he testimony she was giving.
She said that it had been agreed when
she entered the employ of Montag
Bros, that .she was to get an increase
of salarx August 1, and that she had
be. n in able to g“t it before this time.
Wade Campbell, an inspector at the
factory, came in for a rigorous grill
ing at the hands of Solicitor Dor
sey. ‘'ampbell testified that his sis
ter, Mr**Arthur White, had told him
The Able
Manner in
Which
Dorsey Has
Handled
Case Has
Added to His
Reputation.
she had seen a negro at the foot of
the stairs on the first floor when she
went into the factory at 12:30 o'clock.
Campbell Grilled
On Affidavit.
"Don't you know that what she ac
tually said was that she saw the ne
gro at 12:50 when she left?” Inquired
the Solicitor.
Campbell denied that this was so
The Solicitor then showed Campbell
an affidavit and asked if It was not
Ills signature at the bottom. Camp
bell said that it looked like his writ
ing. but that he would not say posi
tively. He denied that he had made
the statement in the affidavit in which
he was quoted as ssaving his sister had
told of seeing the negro as she left
the factory.
The witness on his redirect exami
nation testified that he had seen Con
ley reading In the factory' several
times after the crime. Conley said
on the stand that he was unable to
read, except for a few simple words
C. K. Pollard, an expert accountant,
was the first witness called. He be
gan to testify as to the time required
to make out the finance sheet. At
torney Rosser said that the defense
probably would conclude Its expert
testimony with Mr. Pollard, and that
Miss Hattie Hall stenographer for
Montag Brothers, would be the next
witness.
Pollard testified that the minimum
time in which Frank could have com
plied the finance sheet was three
hours and eleven minutes. This bore
out the testimony of Herbert Schiff,
Frank’s co-worker, and Joel Hunter,
expert accountant.
Over Three Hours
To Compile Report.
Q What is your business?—A. Cer
tified public accountant.
Q. Have you had occasion to go
over the financial sheet of the Na
tional Pencil Company of the week of
April 24 prepared by Deo M. Frank?
A. 1 went over a copy of it.
Q. Have you also seen the factory
record called the pencil sheet?—A.
Y es.
Q. Were you also furnished data
necessary to make that sheet? A.
Yes.
Q. I will get you to state as an ex
pert how long it would take to com
plete it?—A. I took each sheet, com
piled it. and timed myself as to the
length of time necessary. I prepared
the sheet of the 24th day. It took
me ten minutes.
Q. Were there any mistakes?—A.
Yes. a little one of one and one-half
gross. It was hard to say whether
it was my mistake or his.
Q. Now state the tfotal time it took
you?—A. A total of 191 minutes, or
3 hours and 11 minutes.
Q. Was that the quickest?—A. Yes.
Q. In other w'ords, you took exact
ly the work that he did?—A. Y T es;
what l was told he did.
Q That was steady work witlfout
interruption, w r asn’t it—A. Yes.
Q. How long have you been an au
ditor? A. Sixteen years.
Q. Have you an office here?—A. I
am with the American Audit Com
pany.
Q. That mistake occurred before
you took up the sheet, did it not?—A.
One mistake was made the Saturday
before and one on Friday.
Q. Are those two trilling mistakes
—a mistake of 50 cents and a gross
and a half of pencils—the only mis
takes you found? A. Yes.
Attorney Hooper took the witness
on cross-examination.
Q. Mr. Pollard, this is rather an
unusual assignment for you. is it not
to go over a man’s business and un
dertake to sftate how long it takes
him to do it?- A. No, I think not.
Frequently we are called on to esti
mate the time it takes to do work in
changing systems.
Q. Is it not true that a inan can
work his own books better than any
one else’s books? A. Yes.
Mr. Arnold took the witness.
Q. How many times would a man
have to multiply, divide and subtract
in making up that sheet?—A. Well,
40 multiplications and 160 additions,
and I can’t guess on the rest.
Aimed to
Show Conduct.
The wMtness W’as excused and Miss
Hattie Hall was tailed. See was
questioned by Attorney Arnold.
Q. What is your business?—A.
Stenographer-bookkeeper at Montag
Brothers.
Q. Do you ever go to the National
Pencil Company?—A. When neces
sary.
Q. On Saturday, April 26. did you
see Deo M. Frank?—A. About 10
o’clock at Montag Brothers.
Q. Did he say anything?—A. Yes,
he asked me if I could come over and
do some work. I told him 1 didn't
know, but thought 1 could,
j Dorsey interrupted:
‘‘1 object to anything he said to
her.”
Arnold: “Your honor, it is part of
res gestis in this case.”
Dorsey ‘Here is this dead girl.
They would not let her show what she
skid at 12 o’clock and I can conceive
of no principle of law that would let
them show what this man said and
not let her show’ what the deceased
said.”
Arnold: “This Ip merely to show
a course of conduct.”
Judge Roan: ”1 can see no analogy
between the two chsps 1 rather thini;
you can ask the question.”
Dorsey: “Well, this is a very im
portant point, your honor, and we
would like to give you some author
ities.”
Judge Roan: “All right.”
Dorsey then read at length from the
Eighty-fourth Georgia Report.
Judge Roan: “Do you expect to
follow that question by showing that
he had certain work to do and en
gaged her to do it?”
Arnold: “Yes.”
Judge Roan: “Then 1 will let you
ask it.”
Dorsey threw his book on Mre table
and sat down, laughing. Arnold con
tinued the questioning.
Q. When did you call him first?—
A. He called me up before 10 o’clock
and said he had work enough to do
to keep him busy until 6 o’clock.
Dorfey: “Is your honor going to
let that telephone conversation in?”
The Solicitor’s objection was over
ruled.
Q. Miss Hall, did you recognize his
voice?—A. I certainly did.
Q. What time did you see him that
Saturday morning?—A. About 10
o’clock.
Q. Had you worked for him before?
—A. I had been accustomed to going
over and helping him on Saturdays. I
asked him if he was going to need
me. He said, “Yes,” that he had so
much work to do that he would be
busy until 6 o’clock.
Dorsey Calls Halt;
Roan Sustains Him.
Dorf-ey Interrupted. “You honor,
are you going to let that in?”
Judge Roan: “1 don’t think I will.”
Arnold: “Your honor. 1 wish you
woull let me argue for a moment
Even the State does not claim any
crime was committed at that time.
There is no reason in the world to
suppose that the accused would not
have told the truth at that time. I
believe that if a part of the conver
sation Is admissible, all of it is ad
missible. You must admit it all to
explain part. You would do this young
man an injustice to shut out this
evidence of this day’s program, when
there was not the slightest motive to
•be otherwise than truthful.”
“Mr. Dorsey has sought to show,”
continued Mr. Arnold, “that this
financial sheet could have been mad?
up in the morning. We are just try
ing to show that it was impossible.
Now 1 will read you a decision in
which I participated with the father
of my good friend, the late Judge
Dorsey. It was 24 years ago.”
Rosser: “Are you that old, Mr. Ar
nold?”
Arnold: “Yes. I am 24.”
“Dorsey: “That case has nothing
to do w ith this one. That was a case
where a man on trial for murder
swore to a lie.”
Arnold: “It was charged that it
was a lie. We never did believe it.”
Dorsey: “He was convicted.”
Arnold: “Yes, he was convicted.”
Judge Roan ruled: "Mr. Arnold,
this young woman can show’ that
she was called, what she was re
quested to do and what was shown
Arnold: “We want to note an ex
ception to that.”
Q. Miss Hall, what time did you
go to Mr. Frank’s office?—A. Be
tween 10:30 and 11 o’clock.
Q. Did you take dictation in his in
ner office, or in his outer office?—a.
In the inner office.
Q. Where did you write it?—A. In
the outer office.
At this point Deo Frank went out
of the courtroom with Sheriff Man-
gum. Mr. Hooper jumped up and
whispered to Mr. Arnold.
Arnold—Yes, I waived his pres
ence.
Judge Roan—I excused the prison
er properly.
Hooper—I just wanted to know if
the defense had waived his presence.
Q. Now, we only -have ten orders
here. See if they are the ones Frank
handed you?—A. Yes. My initials are
on them. They are the ones.
Q. Now, the orders are sometimes
acknowledged as the first step?—A.
Yes; in that case they were.
Q. Do you recall to whom Frank
w’as talking that morning?—A. Yes,
but I don’t recall the names. A man
and his son came In. Then there w^as
Miss Corinthia Hall and Mrs. White.
Q. Do you recall what any of them
said?—Yes; Mrs. White said she
wanted to see her husband.
Q. During this time was Mr. Frank
working on this financial sheet or
any other similar document?—A. He
was not.
Q. Are you familiar with his hand
writing?—A. Not very.
Q. I will get you to look on this or
der book and see If those orders are
entered.
The wintess read the eleven orders
from the order book.
Q. Now, Is that your handwriting?
—A. No; I think it is Mr. Frank’s.
Q DM you write any of these
requisitions?—A. No.
Q. Do you know w r ho did?—A. I
understood Mr. Frank did.
Q. Were the requisitions made be
fore or after the orders were put on
the book?—A. After.
Left Factory
At 12:02 F. M.
Q. Now look at these letters and
see whether Frank dictated them?—
A. Yes.
Q. How many?—A. Eight, and one
he did not dictate.
Q. Did he sign them?—A. Yes, I took
them to him after I had typed them.
Q. Did he do any work on that
financial sheet while you were there?
—A. No.
Q. What time did you leave?—A.
Just as I got on my hat and started
for the door I heard the whistle bluw
for noon.
Q. Is *here a regular w’histle that
blows for 12 o’clock?—A. Yes, there
are several whistles.
Q. What did you do then?—A. I
got to the bottom of the steps and
remembered that I had forgotten my
umbrella. I went back and got -it. It
was two minutes past 32 o’clock as I
passed the time clock.
Q. Did you see any little girl in
the building?—A. I did not.
Dorsey took the witness on cross-
examination.
Q. Did you call Frank or Frank call
you that Saturday morning?—A. I
called him.
Q. He had a regular stenographer,
didn’t he?—A. They had a stenogra
pher. but she didn’t do but about one-
third enough work so I had to go.
Q. Miss Hall, what were you receiv
ing at that time?—A. Ten dollars and
fifty .cents a week.
Q. What are you getting now?—A.
Fifteen dollars a week, and I want
to explain
Q. Never mind, just answer my
questions. Didn’t you state in a soda
fountain last night that the raise
came to you without asking for it aft
er It was known that you were to be
a witness?—A. Indeed, I did not. I
don’t go to soda fountains. I want
to explain.
Attorney Arnold—Let her explain.
A. I insisted that they give me this
raise on July 1, but they wouldn’t
give it to me until August 1.
Q. Did Frank come to Montag’s be
fore or after he called you up?—A.
After.
Q. You are the one who called him
up?—A. Yes.
Q. You did the insisting about
going to his office?—A. I certainly did
not.
Q. Did you not swear at the Coro-
ner’s inquest that Frank left Mon-'
tag's before you did?—A. I said 1
did not recall.
Q. You acknowledged these orders
with a postcard and letter?—A. Yes.
Q. You wrote those between 10:30
and 12?—A. Yes.
Q. Did you state to the jury Frank
left before you did?—A. I don’t re-,
call. »
Q. How long would It take you to
fill out the blank?—A. I never timed
myself.
Talked Over Time
With. Office Boy
Q. Didn’t you swear before the Cor
oner that It would not take more
than one minute?—A. I don’t know.
Q. Did you say Frank was at the
office when you got there?—A. I said
did not recall.
Q. Who came in w r hile you were
there?—A. Two men and three wom
en.
Q What time was it the office boy
left?—A. 11:30.
Q. Didn’t you tell the Coroner you
could not tell the time?—A. Yes.
Q. How do you know now?—A. The
boy told me.
Q. You talked it over with him?—A.
Yes.
Q. Where were you when those peo
ple came in?—A. In the outer of
fice.
Q. How long were you there when
these people came in?—A. I do not
recall.
Q. Didn’t you tell the Coroner it
was fifteen minutes?—A. I don’t re
member
Q. How* long w’as it after those let-
Continued on Page 4, Column 1.
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