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r i nr, AiljAiVl'A litMMtUlAM AMI \ t Y\ S. r-'' TYPIST LEFT THE FACTORY AT 12:02 P. M s ON DAY OF TRAGEDY Miss Hattie Hall Testifies for the Defense and Is Grilled by Dorsey RESIDENTS OF DALTON’S HOME COUNTY RIDDLE EXPERT CONTRADICTS DR. HARRIS'TESTIMONY |! these pc Dr. George Continued From Page 1. but Attorney Hooper s address to the court was the first open de claration. The court and ehaingang rec ord of C. B. Dalton, a State’s witness against Frank, was giv en an airing by Attorney Arnold. Dalton was recalled to the stand and made to dmit tht he had been sent to the ehaingang in 1894 on three separate counts for stealing in Walton County. Dalton alan admitted that he had heeifl indicted in 1899 in Walton Coun ty for theft and had paid a fine of $141.46. Attorney Arnold showed the wit- dess copies of four indictments and asked if he knew theae 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. S. 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 l»el!eve him on oath in a court f Justice. Misses Laura Atkinson and Minnie Smith were called and denied Wal ton’s testimony in regard to being in their company. Dalton testified. when he was called by the State last week, that he had visited the factory basement with Miss Dalay 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 Fnnk began the questioning of a long line of witnesses who were called to testify in regard to every known movement of Frank Saturday, April 26. the day that Mary Phagan was slain. The testimony of Misa Hattie Hall was the first along this line. That of Alonzo Majm. office boy, was next. C. E. 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 KxDvie Hall stenographer for Montag Brothers, would be the next witness. Pollard testified that the minimum time In which Frank could have com piled the finance sheet was three hours and eleven minutes. This bore out the testimony of Herbert Schiff, Frank’s oo-worker, arul 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 Leo M. Frank? A. I went over a copy of it. Q. Have you also seen the factory record called the pencil sheet?—A. Ye s. Q. Were you also furnished data necessary to make that sheet?—A. Yes. Q. 1 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 groat. It was hard to say whether it was my mistake or his. Q. Now’ state the total 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 words, you took exact ly the work that he did?—A. Yea; what I was told he did. Q. That was steady work without 'interruption, wasn'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 trifling mistakes —a mistake of BO cents and a gross and a half of pencils—the only mis takes you found?—-A. Tes. 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 state how long it takes Jtun to do it2—A. No, I think not. Frequently we are called on to esti mate the time it lakes to do work in changing systems. Q. Is it not true that a man can work his own book* better than any one else’s books?— A. Yes. Mr. Arnold took the witness. Q. How many time* 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. The witness was excused and Miss Hattie Hall was called. She was questioned by Attorney Arnold. (j. What is your business?—A Stenographer-bookkeeper at Montag Brothers Q. Do you ever go to the National Pencil Company? A. When neces sary. y. On Saturday, April 26. did you see Leo M. Frank? A. About 10 o'clock at Montag Brothers. y. Did he say anything? - A. Yes, he asked me if I could come over and do some work. F told him I didn’t know, but thought I could. Dorsey interrupted; “I object to anything he saic her.” Arnold; ‘ Your honor, it is part of res gestls in this case." Dorsey "Here Is this dead girl. They would not let her show what she said at 12 o’clock and 1 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.” Aimed to Show Conduct. Arnold: “This is merely to show a course of conduct.” Judge Roan: ”1 can see no analogy between the two cases. I rather think 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 fro.c 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 I will let you ask it.” Dorsey threw his book on the 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. Dorsey: "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. T had been accustomed to going over and helping him on Saturdays. T 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; Frank Leaves Court. Dorsey interrupted. "You honor, are you going to let that in?” Judge Roan: "I don't think I will.” Arnold: "Your honor. I wish you vvoul 1 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 injurtice to shut out this evidence of this day's program, when there was not the slightest motive to be otherwise than truthful." Frank at thin moment left the ( ourtroom and Hooper jumped to his feet for a whispered conference with Arnold. Arnold—Yes. 1 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 one» Frank handed you?—A. Yes. My initials are on them. They ate the ones. Q Now, the orders are sometime* acknowledged as the first step?—A Yes; in that case they were. Q. Do you recall to whom Frank was talking that morning?—A. Yes, but 1 don't recall the names. A man eople came in?—A. I do not I reca II. q. Didn't you tell the Coroner it! was fifteen minutes?—A. I don't re member. Q. Hqw Jon^ was it after those let ters wet" 1 dictated that you com menced writing?—A. Two minutes. Q. rtau you tell how long you were writing those letters?—-A. No. y 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. y. Did he sa}' anything?—A. He said he would put ‘hem 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 *orne papers. Q. The previous Saturday when you were over there, do you remem ber Frank working on the financial sheet that morning?—A. No; I helped him get up something about gross—I and his son came in. Then there was Miss Corinthia Hall and Mrs. White. y. Do you recall what any of them said?—Yes; Mrs. White said she wanted to see her husbapd. y. During this time was Mr. Frank working on this financial sheet or any other similar document?—A. He was not. y Are you familiar with his hand writing?—A. Not very. y. I will get you to look on this or der book and see if those orders are entered. The win teas read the eleven orders from the order book. Q. Now. Is that your handwriting? —A. No; 1 think it is Mr. Frank’s. Q Did you write any of these requisitions?—A. No. y. Do you know who 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 P. 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. y. Did he sign them?—A. Yes, 1 took them to him after 1 had typed them. y. Did he do any work on that financial sheet while you were there? —A. No. Q. What time did you leave?—A. Just as 1 got on my hat and started for the door I heard the whistle blow for noon. Q. Is there a regular whistle 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 12 o’clock as I passed the time clock. y. 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. 1 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 1 had to go. Q. Miss Hall, what were you receiv ing at that time?—A. Ten dollars and fifty cents a week. y. What are you getting now Z—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. 1 don’t go to soda fountains. I want to explain. Attorney Arnold—Let her explain. A 1 insisted that they give me this raise -on July 1, but they wouldn't give it to me until August 1. y. Did Frank come to Montag's be fore or after he called you uV?—A. After. y. 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. You wrote those between 10:30 12?—A. Yes. Did you state to the jury Frank before you did?—A. I don’t re- Q and Q left call. y. How long would it take you to fill out the blank?—A. I never timed myself. Talked Over Time With Office Boy y. Didn't you swear before the Cor oner that it would not take more than one minute?—A. I don’t know. y. Did you say Frank was at the office when you got there?—A. I said I did not recall. y. Who came in while you were there?—A. Two men and three wom en. y. 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. y. You talked it over wirh him?—A. Yes. Q. Whore were >ou w hen those peo ple came in?—A. In the outer of fice. Q How long were you there when 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 wao the financial sheet. Q. Didn’t you state at the coroner’s inquest that you helped him the Sat urday before?—A. Yes. Herself. She Says. Found Her Error Q.When was it you discovered it was not the financial sheet?—A. I don’t know, but I want you to know I discovered the mistake myself. y. Now were you not at the fac tory the previous Saturday and helped him?—A. Yes. y. 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. y. Well, you said he was working on the financial sheet that previous morning?—A. He was not. y. Did you not t(fil the Coroner’s jury that you were in the outer office the entire time?—A. I don’t know. y. Now explain how your mind un derwent this change. You said then you were not in his office and now you say you were.—A. I was rattled before the Coroner, because I had never been in a courtroom before. y. Now. didn't you say in response to th equestion, “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. I just forgot. y. Nok 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. y. You do know' that Frank said positively he could not make up that sheet until Schiff 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 done his work. Q. Miss Hall, didn't you swear be fore the Coronein jury that you worked on this financial sheet which is written in ink the Saturday pre vious, and now to-day you *wear it was this sheet which is written in pencil?—A. I did not. I was identi fying the handwriting on that sheet. y. You said lots of people wrote slanting, and it was hard to identif> ? —A. Yes. Q. While you w’ere working in Frank’s outer office, you 9aid he was very quiet and you did not know what he was doing?—A. Yes. y. You do not know whether ne 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 j'ou 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 I did get away at 12 o clock. Dalton’s Prison Record Exposed* Dorsey objected to the answer, but was overruled. Miss Hall 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 ehaingang at the special term of the Walton County Superior Court in 1894?—A. No. Q. You w’ere not?—A. I was, but the others paid out. y. What did you steal?—A. A chop hammer. y. Didn’t. y6u plead guilty to two more charges?—A. That is the only time I ever went to the ehaingang. I don’t know how long I served, but I w’as pardoned in March. Attorney Arnold moved that the 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 I 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 I paid. Q. After that, did you not go into Gwinnett County and steal?—A. I was indicted for stealing some corn, but I 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 indictment* against you in Walton 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. J do. 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. “I 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 6. He held the boy on his lap while he 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 oat 1 !? —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 wa,s called. Arnold questioned him. Q. Where do you* Jive?—A In Wal ton County. Q. What do you do?—A. Carpentir and bailiff. Q. Have you seen Dalton here this morning?—A. I shook hands with him. Q. Do you know r 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. Daltqn ?—A. Y es. Q. 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. Farmer. Q. Do you know C. B. Dalton 9 —A Yes. Q. Would you believe him under oath?—A. No. The witness was excused and Miss Laura Atkinson, of No. 30 Ella stree'. 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. ^ Q. 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 the National Pencil Company?— Dorsey interrupted: "I 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 w as 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. I have been in Jus company three times. The witness was excused, and Mrs. Minnie Smith called. Arnold ques tioned 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, Y'es. Q. Are you the only Mrs. Smith at that address?—A. Yes. Q. Do you know C. B. Dalton?—A. No. / Q. Were you ever in his company? —A. No. SliLZER BUTTLES Fights for Political Life While Hostile Legislature Considers Charges Against Him. ALBANY, N. Y., Aug. 12.—Govern or William Sulzer's political life hangs in the balance to-day. Faced by a hostile Legislature. Governor Sulzer, with his back to the wall, fought with more vigor than he had pressed into any other contest in his long politi cal career. Before the Assembly convened to vote on the resolution that Sulzer should be impeached for "high crimes and misdemeanors" for the alleged private use of political funds and speculation in Wall Street, opponents of the Governor claimed to have enough votes to pass the resolution. At least five of the Judges of the Court, of Appeals must participate in the impeachment trial, and support ers of Governor Sulzer rely upon the judicial rather than the legislative action of the- proposed court of im peachment for.a favorable decision in the involved case. The resolution of impeachment, whose formulation is based on find ings of the Frawlev legislative com mittee, was Introduced in the As sembly at 12:15 a. m., when 101 of the 150 members were present, but it was predicted that close to a full at tendance wpuld be on hand to-dav. Democrats opposed to Governor Sui- zer appointed committees to see that evep- member was in his seat. tesemblyman Schaap. a Progres sive, and Assemblyman Louis Gibbs, an independent Democrat, were the two nominal leaders of the pro-Sui/.er forces, and they' relied upon a good following of Republicans in their fight despite the fact that Governor Sulzer is a Democrat. Beveridge Accused Of Forming Lobby WASHINGTON, Aug. 12.—In an ef fort to minimize the connection be tween Janies Watson, former Rep resentative from Indiana, and the National Association of Manufactur ers, counsel for the latter association intends to show' the Senate Lobby Committee that former Senator Bev eridge, of Indiana, ready was respon sible for the organization of a tariff commission association to boost hue own measure. The National Tariff Commission Association was put on its feet by the National Association of Manufactur ers officials, but only, they will seek to prove, after friends of Beveridge had laid the plans. Resents ‘Weakling;’ Wants to Box Heflin NEW YORK, Aug. 12.—John Black, secretary of the Bronx Men’s League for Woman Suffrage, has sent a let ter to Representative J. Thomas Hef lin, of Alabama, protesting against the characterization of men who be lieve in equal suffrage an effeminate and weaklings. He says perhaps an offer to go ten rounds with '..he Congressman at some local club would please him. adding that some things have to be whipped •into some men. South Georgia Road In Receiver’s Hands j VALDOSTA, Aug. 12.—The Valdos- | l a, Moultrie and Western Railroad, operating 42 miles from th ! » city to Moultrie, has been placed in the hands of a temporary receiver through fore closure of a mortgage held by th<- Valdosta Bank and Trust Company, trustee, acting for the bondholder. B. P. Jones, of this city, owner of the $300,000 bonds, was appointed receiver and the railroad cited to show cause on August 23 why the action should not be made permanent. The railroad was built’entirely with local capital fou> years ago. it was? started on a capital stock of $100,000. The $300,000 of bonds were issued be fore it was completed. C. I. Harrel, genera) manager, will continue to operate the road for tiie receiver. FARMERS’ INSTITUTE. ACWORTH.—The Cobb County Farmers’ Institute, held iii Acworth. was addressed by President A. P. Mc Lain. of Acworth, and experts from the United States and State Depart ments of Agriculture. George M. Orr, of Acworth, was elected president, and Aubur Davenport, of Acworth. secretary’ for the ensuing year. A WHOLESOME SUMMER DRINK Horslord’s Acid Phosphate Heller than lemons or limes- healthful and delicious. Hefrcbhes and Invigorates. Adv Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. AV^kite Skirts w. Kav* about 30 Jozen 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 Doz. Wkite Plaited Skirts, 75c CENTS • , , Parks=Chambers-Hardwick 37-39 Peachtree C 0 HI P 3. fl y Atlanta, Ga.