Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 12, 1913, Image 2

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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. A WHOLESOME SUMMER DRINK Horjford's Acid Phosphate 1 Betfrr thm Unions or limes—healthful and delirious Refreshes and invigorates. AcIt Funern* Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET.’ Cash Grocery Co. 118 Whitehall I Meadow Gold. Brookfield or Parksdale butter. pound Oh Winner milk 10c 40c Edqewood Coffee 28c Country eggs, dozen 18 ! p c No. 10 Cottolene $1.09 Cash Grocery Co. 118 «Vh.tehall Wkite Skirts We have about 30 dozen or more White Negligee Shirts in beautiful corded madras material with cuffs attached, and a full range of sizes from 14 to 17 1-2, which will go on sale to-morrow morning at 70c each. These are the celebrated “Eclipse make and are “Genuine Bargains. 20 D oz. Wkite Plaited Skirts, 75c Parks=Chambers=Hardwick 37-39 Peachtree C 0 HI p 3. II y Atlanta, Ga.