Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 12, 1913, Image 4

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THE ATLANTA GEORGIAN AND NEWS. HOME COUNTY RIDDLE HID CHARACTER ON STAND Continued From Page 2. tern «er? dictated that you com menced writing?—A Two minutes. Q. <’hii you tell how long you were writing those letters?-—A No. Q. When you were writing those letters, where was Frank?—A. In his office. Q. After you finished, what did he do?—A. I took them in to him Q. Did he say anything?—A. He said he would put them in the en velopes and mail them. Q. He said you need not wait?—A. Yes. Q. Did you get anything there Mon day?—A. I got the timebook and some papers. Q. The previous Saturday when you were over there, do you remem ber Frank working on the financial sheet that morning?—A. No; 1 helped him get up something about gross—I found afterward it was the average sheet. made it up. I helped him by trans ferring some of the things to the sheet?”—A. Yes, but I thought it waj the financial sheet. Q. Didn’t you state at the coroner's inquest tfiat you helped him the Sat urday before?—A. Yes. Found Her Error Herself, She Says. Q.When was it you discovered It ■was not the financial sheet?—A. 1 don’t know, but I want you to know I discovered the mistake myself. Q. Now were you not at the fac tory the previous Saturday and helped him?—A. Yes. Q. Did you not have that financial sheet before you at the Coroner's inquest, and did you not Identify it? —A. I don’t think so. Q. Well, you said he was working on the financial sheet that previous morning?—A. He was not. Q. Did you not tell tlie Coroner's Jury that you were in the outer offlci the entire time?—A. I don't know. Q. Now explain how your mind un derwent this change. You said then you were not in his olfice and now you say you were. A. 1 was rattled before the Coroner, because I had never been in a courtroom before. Q Now, didn’t you say in response to the question. "Do you know what a financial sheet is?” that you did?—• A. But I was thinking of the aver age sheet. Q. Now . what did you mean by tell ing the Coroner some of those girls came in for their pay and now saying the only one you know anything about came In for her coat?—A. 1 just forgot. Q Now. didn’t Frank say that morning that he would not get up that sheet until Herbert Schiff came down and got up the necessary data? A. Yes. he said he could not go on with his work until Schiff came down. Q You do know that Frank said positively lie could not make up that sheet until Sc hiff had gotten up cer tain data?—A. He did not positively say so. He said, he did not mind Mr. Schiff being off if he had done his work, but that he had not don e his work. g Miss Hall, didn’t you swear be fore the Coroner’s Jury that you worked on this financial sheet which is written in ink the Saturday pre vious. and now to-day you swear it was this sheet which is written in pencil?—A. I did not. I was identi fying the handwriting on that sheet. Q. You said lots of people wrote slanting, and it was hard to identify? —A. Yes. Q. While you were working in Frank’s outer office, you said he was very quiet and you did not know what he was doing?—A. Yes. Q. You do not know whether he was working on the financial sheet or not?—A. Yes; I saw the papers on his desk that he was working on. and the financial sheet was not among them. Attorney Arnold took the witness. Q. Why did you tell Mr. Frank you had to get away at 12 o’clock?—A. He said something about wanting me to help him in the afternoon I told him I had to get away at 12 o'clock, and 1 did get away at i2 o’clock. Dalton's Prison Record Exposed. Dorsey objected to the answer, but was overruled. Miss Hr.ll was excused and C. B. Dalton was recalled to the stand. Arnold questioned him. Q. Who is Andrew' Dalton?—A. A brother-in-law. Q. With the same name?—A. Yes Q. Who is John Dalton?—A. He is my brother. Q. Weren’t you three sent to the chaingang at the special term of the Walton County Superior Court in 1894?—A. No. Q. You were not ?—A. I was. but the others paid out Q. What did you steal?—A. A chop ham mer. Q Didn’t you plead guilty to two more charges?—A. That Is the only time 1 ever went to the chaingang I don’t know how long I served, but 1 was pardoned in March. Attorney Arnold moved that th t witness’ reply in reference to being pardoned be struck from the records. Q. Didn’t you plead guilty to three charges all at the same time? And that the sentence was concurrent on the three charges?—A. All 1 took was a chop hammer. One of the other boys took a plow stock. Q. At the February term of 1899, were you not indicted for stealing a bale of cotton?—A. For helping Q. Were you found guilty?—A. 1 was fined $146, which 1 paid. Q. After that, did you not go into Gw innett County and steal?—A 1 was indicted for stealing some corn, but 1 was found not guilty. Dorsey took the witness. Q How long since you were in trouble?—A. Eighteen years. Dorsey to Recall Daisy Hopkins. Arnold took the witness. Q. Is it not a fact that there are now four indictments against you in M alton County for selling liquor?—A. If there are I don’t know it. Q Is it not a fact that they let you get out of the county and were glad to get rid of you?—A. I have been back there every year. Dorsey took the witness Q Do you know that Daisy Hop kins knows Leo Frank?—A. fdo. Q How do you know?—A. She told me she knew' him, and then I saw her talking to him. Arnold interrupted; “I object to what she said." “That’s all right, then," Dorsey re plied. ”1 will recall her.” Dalton was excused and the de fense began an attack on his char acter with witnesses from Walton County. B. S. Cooper, the first witness call ed. was accompanied by a small boy of f>. He h^ld the boy on his lap while be testified on the witness stand Arnold questioned him. Q. What is your business?—A. A farmer. Q. How long have you been In Wal ton County? A. Fifty years. Q Do you know C. B. Dalton?—A. I do. Q Do you know his general char acter?—A.»I do. Q. Is It good or bad?—A. Bad. Q. Would you believe him under oath''—A. I would not. Wouldn’t Believe Him Under Oath. At this point C. B. Dalton was called for but could not be found. Dor sey said he would admit that the wit ness was speaking of the Dalton who had testified against Frank. Hooper was excused and J. H. Patrick was called. Arnold questioned him. Q. Where do you live?—A In Wal ton County. Q. What do you do?—A. Carpenter and bailiff. Q. Have you seen Dalton here this morning?—A. 1 shook hands with him Q. Do you know’ his general char acter for truth and veracity and is it good or bad?—A. Bad. Q. Would you believe him on oath? A. No. The witness was excused and W. T. Mitchell was called. Arnold ques tioned him. Q. Where do you live?—A. Walton County. Q. Do you know C. B. Dalton?—A. Yea. g, Have you seen him this morning? A. Yes. Q. Do you know his general char acter?—A. Yes. Q. Would you believe him under oath? A. No. The witness was excused and I. M. Hamilton was called. Arnold ques tioned him. Q. Where do you live?—A. Walton County. Q. What is your business?—A. Fa rmer. Q. Do you know C. B. Dalton?—A. Yes. Q Would you believe him undeo* onth 7 —A. No. The witness was excused and Miss Laura Atkinson, of No. 30 Ella street, Atlanta, a woman apparently 35 years of age, was called to the stand. Ar nold questioned her. Q. Where do you work?—A. At the Empire Printing Company. Q. Did you ever work for the Na tional Pencil Company?—A. Yes, for two days. Denies Dalton s Story of Strolls. Q. Do you know C. B. Dalton?—A. Yes g Did you ever walk home with him from the Busy Bee Cafe on For syth street?—A. I did not. Q. Were you ever with him around Uii National Pencil Company?— Dorsey interrupted: ”1 object,” he said. “The witness said nothing that reflected on this woman." Arnold: "It was a reflection for him to say that he was With her.” The objection was sustained. Dorsey took the witness. Q. How long have you known Dal ton?—A. About six months. Q. Were you ever in his company? A. 1 have been In his company three times. The witness was excused, and Mrs. Minnie Smith called. Arnold ques« tinned her. Q. Where do you work?—A. Na tional Pencil Company. q Are you the Mrs. Smith who lives at No. 148 South Pryor street?— A. Yes. Q. Are you the only Mrs. Smith at that address?—A. Yes g. Do you know C. B. Dalton?—A. No. Q. Were you ever In his company? A. No. The witness was excused. Alonzo Mann, the office boy at the National Pencil Factory, was then called. Ar nold questioned him. Q. Where do you work?—A. At the National Pencil Company as an of fice boy. g How long have you been there? A. Since April 1 of this year. Q Where do you stay when you are not at work?—A. Right outside the office. Left Frank and Miss Hall in Office. g How late do you work on Sat urdays?—A. 1 had only been there two Saturdays before the murder. Q YOU don’t know hOW laic you stayed?—A.* No. Q. What time did you leave the of fice Memorial Day?—A. At 11:80. Q. Who did you leave there?—A. Miss Hall and Mr. Frank. g Do you recall what you did that morning?—A. No. g Did you phono Mr. Schiff?—A. Yes Mr. Frank told me to. but 1 could not get him Q How late did you stay those oth er Saturdays?—A. 3:30 to 4 o'clock. g. Did you see Mr. Frank bring any women there and buy them drinks?--A. No. g Who do you recall seeing there that day? A. Mr. Holliday. Mr. Irby, Mr McCrary and Mr. Darley. Q. Can you recall anybody else?— A. No. Q Did you see Corinthia Hall?—A. I don’t remember. Q Did you see a man come in to see about his boy?—A. I don’t know. Dorsey took the witness. Q What time did Mr. Frank get there that morning?—A. I don’t re member. Q Did he go out?—A. One time, as I recall. Q Do you know how long he was gone"—A No, I can’t remember. The witness was excused and Wade Campbell was called. Arnold questioned him. O Where are you employed?—A. I have been at the National Pencil Company for a year and a half. Q Do you recall a conversation with Mrs. White the Monday follow ing the murder?—A. Yes Q. Can you tell me what she said? —A. She said that as she went into the factory at 12 o’clock she saw a negro sitting there. She said that when she came down he was not there, antYshe heard voices, but could not tell where. Q. Were you at the factory Satur day?—A. Yes. Q. At what time?—A. About 9:35. g Did you se»* Frank?—A. Yes; I went right to hi* office. Q. Did he say unythlng?—A. Yes; I was Jollying him and he was jollying me. Q. Were you on the fourth floor Tuesday morning?—A. Yes. Q. Did you see Jim Conley up there? A No Dorsey took the witness on cross- examination. Q. Do you board with Mr. Darley? A. I did. Q. Where were you Saturday night of the murder?—A. I donft know. ' Q. Didn’t you go to the Bijou that night with Mr. Darley? “I object,” said Rosser. Judge Roan sustained the objection. Q. Darley Is a married man with five children, is he not?—A. Yes. Q. Did you *ee Miss Dixon that \ night ? Rosser—I object. Judge Roan sustained him. y. You reported to Darley on April 28 that your sister had seen a negro In the pencil factory on Saturday, about 10 o’clock ?—A. Yes; he sent me to see my sister. Q What did she tell you?—A. She mi id she saw a negro man on the first floor. She said she heard some indis tinct voices as she went in. Q. You saw that blood on the sec ond floor?—A. I saw what they said was blood. Q. How did it look?—A. I didn’t 11 °lose enough to tell about it Grilled Concerning Statement to Dorsey y. Where do you work?—A. As an Inspector at the National Pencil Com pany. You made a statement on May 12 ?— A I made a statement to you. I don't remember the date. y. Didn’t you state that your sister said she saw the negro as she was coming out?—A. I did not. y. You deny it. then?—A. I do. y. Is this your signature?—A. It looks very much like it. y. You can’t swear that this is your signature?—A. No, I would not swear It. y. You say that you don’t know whether that is your signature?—A. Yes. y. Da you deny making this state ment ?—A. I told you I did. Q. Did you not read over this state ment and make certain corrections? —A. Yes. y. Did you not say In this state ment that your sister w'ent there at 12:30 and could not see her husband and went back?—A. I don’t know. Arnold took the witness, y. How did you come to go to Do: sey’s office?—A. I received a subpena. Q. You thought, you had to go?—A. Yes. y. Didn’t you know that it was not worth the paper it was written on?— A. No. Wanted To See Corrections Made. y. Did you just point out these cor. rections. or did you wait and see that they were made?—A. I think I waited. y. Who was there?—A. Starnes, Campbell and Dorsey. y. Did they all ask you questions?— A. Yes. y. All of these 21 pages are your statement?—A. Yes. y. You were asked all of these ques tions?—A. Yes. y. Were you asked at the time you were in the office if anyone came in and did you answer "No”?—A. Yes. Q. You answered that someone came in to get their pay?—A. Yes. y. Do vou know this negro Jim Conley?—A. Yes. y. After this murder do you recall seeing him reading newspapers?—A. Yes. y. Where?—A. On the fourth floor. Q. How many times?—A. Twice, y. Is it anything unusual to see spots on the metal rcom floor?—A. No. y. Have you seen the place where Conley said he found the body?—A. No. Dorsey took the witness, y. Where was Conley sitting when he was reading the paper?—A. By the elevator. y. Where was he the second time? —A. In the rear of the. building. y. What paper was he reading?— A. I don’t know. Q. Do you know whether he was reading about the crime?—A. No. Q. Was it an extra?—A. I think so. y. You knew Conley could write? —A. Yes. Q. You did not report It to the offi cers?— A. No. y. Did Frank know he could write? —A. I don’t know*. Q. Where did you see him writing? —A. In the boxroom. y. Did you ever see him writing with a pencil?—A. Yes. y. Who did you tell what your sis ter told you?—A. Mr. Darley. y. How often did you see those spots in the metal room?—A. Occa sionally. y. How often have you seen those spots in the hall?—A. Oh, very often. y. Did you see the spots where those chips were taken up?—A. Yes. Q. You saw those spots every where, what everybody said was blood, and yet you tell the Jury you didn’t pay any attention to it?—A. Yes. y. Other people got down and looked at them, didn’t they?—A. Y f es. Rosser Interrupted. "I object to what other people said ami sa*v. It is utterly immaterial and irrelevant." he said. "We want to show,” said Mr. Hoop er, interrupting, “that this man was interested and that he went out to see his sister about the negro, and yet he came back there and was in no way interested.” “I think you can ask question^ along that line," said the court. "Well, we want to record an objec tion.” said Rosser. y. Where and when have you ever seen on that second floor anything thil looked like t ii.it spot? a. i did not look close enough at it to know. Q. When did you see other spot.4 like it on the floor of the metal room? -A. There were other spots, but I don’t know whether they were like that spot or not. y. Did you talk to your brother-in- law about what your sister said?—A. He told me about it. Court adjourned until 2 o’clock. Says Girl Didn’t Ask For Mary Phag-an’s Pay. When court convened at 2 o’clock the defense called for Gordon Bailey, the negro elevator boy at the National Pencil Factory but he did not an swer. Philip Chambers was also called, but failed to respond. Miss Magnolia Kennedy, one of the pencil factory employees in the met al department, was then called and took the stand. Arnold questioned her. y. Where do you work?—A. At the National Pencil Company. Q How long have you worked there?—A. Four years. Q. In .what department did you work?—A. In the metal department. Q Did you Know Mary Phagan? A. Yes. y. Do you know’ Helen Ferguson?- A. Yes. Q. Un the day before April 26, didj you draw your pay?—A. Yes. Q. Where did you draw' it?—A. From Mr. Schiff at the pay window. Q Did you see Helen Ferguson? A I had my hand on her shoulder when she got her money. y. Was Mr. Frank there?—A. No. y. Did you ask for Mary Phagan’s pay?—A. No. Q. Did you go out with her?—A. Yes. We went downstairs and wait ed for Grace Hix. Q. Did Helen Ferguson ever say anything about Mary’s pay?—A. She said at 5 o’clock that Mary was not there. Dorsey took the witness on cross- examination. y. Were you at the factory April 28?—A. Yes. Q. Did you And any hair on that lathing machine?—A. Yes. y. Whose was it?—A. It looked like Mary’s. Mary and Ferguson Girl Companions. Q. Yoj and Mary and Grace Hix were the only girls in that depart ment, were you not?—A. Yes. Q. How did Mary’s hair look?—A. It was light. Q. You don’t mean to say you were with Helen all that afternoon?—A. No. y. She and Mary were friends and went together all the time, did thev not?—-A. Yes. Q. You don’t know’ what she did when you were not with her, do you? —A. No. Q. You saw those spots on the floor aid you not?—A. Yes. (J How did they look?—A. There were white stains all over them. Q. How large?—A. About as large as that piece of paper, eight by ten Inches. Q- D,d you ever notice any spots on the second floor like the one point ed out and said to be blood ?—A No 1 never did. Q. And ’you have been there four years?—A. Yes. Attorney Arnold took the witness. Q. You told Mr. Dorsey you thougnt that was Mary Phagan'* hair on the lathe. You don't know that it was Mary Phagan’s hatd, do you?—A No sir. Q. You went with Helen Ferguson to get your pay that Friday?—A. Yes. Q. Did you see her speak to Mr. Frank?—A. No. Q. Was there any necessity for her to see Mr. Frank, when Mr Schiff was at the pay window?—A. No. Negro Elevator Boy on Stand. Miss Kennedy was excused and Gordon Bailey, the negro elevator hoy, took the stand. Arnold ques tioned him. g. Where did ylu work in April of this year. Snowball?—A. At the pen cil factory. Q. On the Friday before Memorial Day did you see Jim Conley talking to Mr. Frank and hear Mr. Frank ask him to come back Saturday?—A. No, sir. Q. Did you ever hear Mr. Frank tell Jim to come back?—A. No, sir. Q. Did you ever see Mr. Frank bring any women there?—A. No. Q. Did you ever see Conley watch ing at that lower door?—A. No. Q. Were* yoir at the factory last Thanksgiving Day?—A. I don't re member. Q. Did you ever see Conley read ing a newspaper?—A. I saw him look ing at papers dow’n there at the sta tion house. Q. You don’t know wether he was reading or not?—A. No. Q. Did you ever see Mr. Frank make any improper proposal to any lady in that factory?—A. No. Q. You never saw Mr. Frank talk ing to Conley at any time, did you?— A. No. Q. Did you ever see Mr. Frank \t all, F'riday?—A. I saw’ him about 1 o’clock. He was talking to Mr. Schiff. Dorsey took the witness on the cross-examination. Q. Snowball, when were you ar rested?—A. Monday. Q. Did you see Mr. Frank before you were arrested?—A. Yes, sir. Q. Where was he?—A. On the sec ond floor. Q. What was he doing?—A. I don’t know. The negro was excused .and Phillip Chambers, a boy 14 years old, was called. Arnold questioned him. Q. Did you eveT work for the Na tion Pencil Company?—A. Yes. Q. Where and In what capacity?— A. I went there in December and stayed until March. Q. How late did you stay on Sat urdays?—A. Until about 4:30 o’clock. Q. Were you ever absent on Satur days during the months you were there?—A. Between 11 and 12 o’clock 1 was sometimes sent to the Bell street plant to get the payrool. Q. Did you ever see any women around Mr. Frank’s office with beer and drinks?—A. His wife came up there once w’hile I was there. She was the only one I ever saw’. Q. Did you ever see Jim Conley around there?—A. Yes. He was around there sweeping, sometimes. I Q. What time?—A. Saturday after noons. Q. Didn’t Mr. Holloway issue an order that no more sweeping should be done Saturday afternoons?—A. Mr. DaTley did. Solicitor Dorsey took the witness on cross-examination. Q. You and Frank were pretty good friends .w’ere you not?—A. Just like other folks. The State here referred to several alleged conversations with J. N. Gantt, along the lines of Jim Con ley’s most sinister testimony which the boy denied and Attorney Arnold moved that it all be stricken out. Dorsey arose to speak, but Arnold lnterru pted. “Your honor,” he said, “are we go ing to allow a speech before the jury on this subject?” Judge Roan: “Take the jury out.” Arnold: “Never mind, let them stay.” The Jury remained. Solicitor Dorsey: "Your Honor, they have gone into the question of Frank's relations to women. We have a right to show if there was anything improper towards this boy. He de nies it. I am laying the ground to impeach him by Gantt.” Judge Roan: “I rule out both ques tions and answers.” Defense Threatens to Move for a Mistrial. Arnold. 'It is the unfairest thing I have ever heard of, brought in in this illegal way. It has been brought up by this miserable negro. It Is beyond Indignation to sit here and listen to such stuff. The charge could be brought against you or me or any member of the Jury by such inuendos If it comes up again I am going to move for a mistrial.” Judge Roan: “I have already ruled it out ” Dorsey: “Well, w’e w’ill put up Gantt and let you rule on that.” The witness was excused and MI- nola McKnight. the cook at the Selig residence, was put on the stand. Arnold questioned her. Q. Were you working with Mrs. Selig last Memorial Day?—A. Yes. Q. Did Mr. and Mrs. Frank live with Mr. and Mrs. Selig?—A. Yes. Q. Where was their room?—A. Up stairs Q. Did you see Mr. Frank the morning of April 26?—-A. Yes. Q. What time did he get his break fast?—A. About 8, Q. Did you see him again that day? —A. Yes, about 1:20. Q. WhA he came home to dinner? —A. Yes. Q. Was Albert McKnight there in the kitchen that day?—A. He was not. Q, Could you see in that mirror In the dining room from the kitchen?— A. No. Q. Do you recall what time he left after dinner?—A. Sometime after 2 o’clock. Says She Made False Statement. Q. What time did he return?—A. About 6:30 o’clock. Q. You left him there?—A. Yes. Q. When did you see him again?— A. Sunday. I don’t know what time. Q. Did the detectives come and ar rest you?—A. Yes. Q. Where did they take you?—A. Over on Central avenue. Q. To the Thrower Building?—A. Yes. Q. Was this man Dorsey there?— —A. Yes. Q. And these two detectives? —A. Yes. Q. Who else?—A. My husband. Q. What did they do?—A. They said I told my husband things and tried to make me say I had. I told them it was all lies, but they would not listen to me. Q. What was your husband trying to get you to tell these detectives? —A. That Miss Lucille w-as telling her mother Sunday morning that Mr. Frank had made her get out of bed. Q. What did you tell them?—A. That it was a lie. Q. What did they do?—A. They said they would put me in jail, and they carried me out and put me in the pa trol wagon. Q. Put you in the patrol wagon? What did they ddo next?—A. They had me in a hole and I signed a paper to get away. Dorsey took the witness on cross- examination. Q. Minola, you made a statement May 3 in my office before this visit you were speaking about. Is not this the statement you made: “I was at the Frank home Saturday, April 26. Frank came there at about 1 o’clock. He did not seem to want to go back to work and stayed there until 3 o’clock?” The negro woman interrupted So licitor Dorsey at this point to say she said 2 instead of 3 o’clock. Q. Before June 2 Mr. Pickett and Mr. Graves, of the Beck & Gregg Hardware Company, w’ere out to see Continued to Page 7, Column 1. mViiiVi M. RICH & BROS. CO.^VWVWyV^ 5 A Special Sale Of Patent, Gun Metal and Tan Pumps & Oxfords 400 pairs of $4 & $5 Shoes White Canvas Pumps, Up-to-the-minute $3.50 and $4 Pumps and Oxfords. A lit for every foot. Choice .. "S Patent, Mat and Bronze Kid, a* jS Spanish H ee 1 dj C A C 3 Colonial Pumps | Genuine $7 Brooklyn-made Slippers. Have cut- 3c steel buckle. All sizes in stock. This style is the latest 5c ^5 out. The quality and fit are the best obtainable. Ju j M. RICH & BROS. CO. f “A Department of Famous Shoes” MEN AND RELIGION BULLETIN No, 74 God in Georgia “For it is G od which worketh in you both to will pleasure" and to do His good —Philippians 2:13. Thanks Be to Him the House Has Passed % House Bill No. 4 and Directed That It Be Transmitted Immediately to the Senate. We believe that Georgia will provide for her way ward and delinquent girls at this session of the Legislature. ■tj % THE EXECUTIVE COMMITTEE OF THE MEN AND RELIGION FORWARD MOVEMENT