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TRAGEDY RE-ENACTED TO
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JIM CONLEY'S STORY FALSE
Frank Trial Scene of Hoi Battle on Admissibility of Evidence for Defense
COUNSEL FOR STATE AND DEFENSE IN!
HOTARGUMENT BEFORE JUDGE ROAN
* <9
food had been
There in no way
Q. Well, if a
from a cheinica
contents of the
been there only
death, could he
talking about ?—
Solicitor Dors
in the
stomach?—A. heartily.
Q. Well, do you go out and prac-
doctor were to oay,
1 « xarnination of the
stomach, that it had
30 minutes before
know what he was
A. No.
ev took the witness
on cross-examination
Q. Are you a spec ialist on the stom
ach?—A. No.
Q. Is Dr. Westmoreland a specialist
on the stomach?-- A. No; he is sur
geon, but he would have to know
something about the stomach
tice medicine with your stomach as a
standard?—A. I certainly do not.
Q. When did you read the last book
rtn digestion?—A. About ten years
ago.
Never Read Book
On Digestion, He Says.
Q. You say you have not read a
book on digestion in ten years?—A. I
don’t know’ that I ever read a book
specifically on digestion. It hasn’t
Is Dr. Hancock a stomach spe- been necensary. \11 the hooks arc
cialist?—A. No; he is a surgeon
Q. You say you are not a stomach
specialist?—A. Yes; but I have to
have a general knowledge of the
stomach to instruct in medicine.
Tilt Comes Over
Doctor’s Digestive Powers.
Q. Tables have been compiled
showing how long it takes to digest
chicken, cabbage, etc. You are fa
miliar with the digestion of cabbage,
are you not?—A. I can not digest
cabbage at all myself. If I should eat
It to-day, it would put me in bed to
morrow.'
Q. I am not asking you about youT
own stomach. You may be a dyspep
tic?—A. No, I am not.
Dorsey—I move that this answer
be stricken out.
Arnold—He had a right to answer
that fjuestlon that way.
Dorsey—No, he hasn’t a right to
shoot in statements.
nt me free. I don’t have to buy
them.
v^. And there hasn’t been any proc
ess in the study of digestion in ten
years?
Arnold: I object to the Solicitor
asking and answering the question.
Dorsey: They put him up as an
expert, and I want to see what ne
knows.
Dorsey then put a hypothetical
question, describing the conditions
surrounding the analysis of the cab
bage taken from Mary Phagan’s
stomach. #
Q Would you venture an opinion
on how long that cabbage was in the
stomach before death?—A. Nine days
after death, I don’t think you could
tell a thing about it. Now. I wJH ex
plain, if you desire.
Q. Wait a minute.
Arnold: Let him explain
Dorsey: Can’t the witness take
care of himself?
to the statement of the witness as a
lie. That is for the Jury to decide.
Judge Roan sustained Hooper's ob
jection.
Arnold—He admitted he lied. He
changed his statement in a half dozen
particulars. You can't judge a man
who one time is a pup and the next
time is a pig?
Dorsey—Your honor, if you admit
this evidence, it will he a positive re
versal.
Rules State May Show
Time of Conley’s Act.
Judge Roan—I don’t remember that
the question at the time was put up
to me when I ruled on Conley’s state
ment. If it is adinissii ie to show how
long it took to enact what Conley
said was hij part, then the State can
show’ how long it took Conley to en
act it. I won’t reverse myself. I rule
that the State may put in its evidence
as to the time it took Conley to enact
it.
Dorsey—All right, you honor; that
is all I want.
Arnold—The Solicitor gets yp every
time he has an objection and almost
cries about something that has been
done to him on what he claims is a
similar case. We will argue the point
about the admissibility when we get
to it.
"If the court rules, I am going to
read the pantomime that this negro
went through,” said Arnold.
Attorney Joe Leavitt read for At
torney Arnold the negro's statement,
detailing the events from the time the
negro said he went to move the body
notices her hat and slipper and
the pi (fee of ribbon.
Conley: "Mr. Frank, what am I
going to do with these things?"
Frank: "Just leave them right
there." Conley pitched them in
front of the boiler. Conley goes
on elevator.
Frank: "Come on up and I will
catch you at the first floor.”
Frank hits Conley a bio*" on his
chest and jams him up against
the elevator. Frank tumbles out
of the elevator as it nears second
floor. Frank goes and washes his
hands and takes elevator keys
into the" private office They sit
down in the private office, Frank
rubbing his hands and the back
of his hair.
Frank: "Jim." Conley said
nothing. All of a sudden Frank
happened to look out of the door.
Frank: "My God, here is Emma
Clark and Corinthia Hall.” Frank
runs back.
Frank: "Come over here, Jim;
I’ve got to put you in this ward
robe.’’ Frank puts Conley in
wardrobe. Conley stayed there
quiet a w'hile.
Frank: "You are in a tight
place."
Conley: "Yes."
Frank: "You done very well.”
Frank goes in the hall and comes
back and lets Conley out of the
wa rdrobe.
Frank: “You sit down.” Conley
sits down and Frank sits dowm.
Frank reaches on table to get a
box of cigarettes and matches.
watch man co.nes, I will pay him
myself.”
Frank: "Well, all right: I don’t
■ee why you want to buy a watch
for, either. That big fat wife of
mine, she wanted me to buy an
automobile and I wouldn’t do it.
(Pause.) I will tell you the best
way. You go do.vn there in the
basement, you see that package
that is on the floor in fron of the
shavings, take a lot of that trash
and make up a tire and burn it.
Conley: "All right. Mr. Frank,
you come down there with me and
I will go.”
Frank: "There is no need of my
going down there, and I haven’t
got any business down there."
Conley: "Mr. Frank, you are a
white man and you done it, and
I am not going down there and
burn it myself." (Pause.)
Frank: "Let me see that
money." Frank takes money and
puts in his pocket.
Conley: "Is this the. way you do
things?"
Frank: "You keep your mouth
shut: that Is all right.” (Pause.)
Frank turns around in his chair
and looks at the money: looks
back at Conley, turns his hands
and looks up.
Declares Frank Cried,
“Why Should I Hang?”
Frank: "Why should I hang? T
have wealthy people in Brooklyn."
Conley: "Mr. Frank, what about
me?”
Frank: "It's all right about you.
Continued From Page 1.
That’s exactly what we propone to
do," retorted Arnold.
The crowded room of spectator*
knew that this was a challenge by
the defense for the State to do its
worst. Frank's lawyers deliberately
had Introduced Frank’s character In
to the trial, apparently indicating th°t
they had no fear of the evidence
which the prosecution might bring
forth.
It is known that the State has
made elaborate preparations for an
attack on the young superintendent’s
character with stories of gross im
morality.
Solicitor Dorsey was asked Wednes
day how many witnesses he expects
to call.
"I don’t know,” he replied. "It
largely depends on the number that
Awaiting ttis
Joyful Sound
The Wonderful Music That Bursts
Forth When the Stork Arrives.
Judge L. S. Roan.
That funny little brassy ci
echoed the arrival of the new
Taby
that
is
perhaps the most cherished remem
brance of our lives And thousands of
nappy mothers owe their preservation to
health and strength to Mother’s Friend
This Is an external remedy that is ap
plied to the al*domlnai muscles It re
lieves all the tension, prevents tender
ness and pain, enables the muscles to
expand gently, and. when baby comes,
the muscles relax naturally, the form !e
preserved without laceration or other
accident.
You will find Mother’s Friend on salt
at almost any drug store, as It is ore < *
the standard, reliable remedies U at
grandmothers everywhere have relied
upon.
With its dally use during the period
of expectation, there Is no weakness, nc
nausea, no morning sickness, no pain,
distress or strain of any kind. Its In
fluence Is truly remarkable, as it pene
trates the tissues and renders them
pliant and easily governed by the de
mands of nature You will be surprised
at Its wonderful effect and what a
grateful relief ft affords
Especially to young women Mother's
Friend Is one of the giea’eat of all help
ful influences
You will find this wonderful remedy on
•»> at the store where you trade, or
.they will get it for you. It Is prepared
Bradheld Regulator Company. 136
K^amar Building, Atlanta. Ga. Wrlta
wn^w for a very valuable book to ei*
toclatp mou era
t
the defence calls and the nature of
their testimony."
Those called by Attorney Arnold
at the forenoon session were:
Alfred L. I>ane, a merchant of
Brooklyn, N. Y., and a classmate of
Prank’s at Pratt Institute from 1898
to 1902.
Philip Nash, electrical engineer, of
Ridgewood, N. J., and a classmate of
Frank’s at Pratt Institute during the
same period
Richard A. Wright,.a consulting oti-
gineer, Brooklyn, who knew Frank at
Pratt Institute and also at Cornell
University.
All testified as to Frank’s good
character.
Frank Payne, former office boy at
the factory, was asked to particular
ize as to certain Incidents mentioned
in the testimony of Jim Conley and
C. H. Dalton. He said that ho never
knew Frank to have women in his
office, although It was his custom to
be at the a Rice at the times Conley
and Dalton testified that these gay
parties took place.
A full three-quarters* of the fore
noon was consumed in a It gal wrangle
over the admissibility of l)r. William
Owens' testimony. Dr. Owens was
ready to testify Sn regard to the re
production of the alleged movements
of Conley and Frank in disposing of
j Mary Phagan’s gody, as Conley re
cited them on the witness stand.
Judge Roan reserved his decision un
til afternoon.
Quinn was questioned minutely in
regard to the time of his visit to the
j factory as soon as he was called to
the stand. Attorney Arnold began
by having him detail his movements
throughout the day from the time He
arcs*- in the morning.
The foreman told an apparently
straightforward story, although the
.Solicitor did not have time for cross-
examination before the noon recess.
He estimated that he entered the fac-
tory at about 12:20 o'clock. All of the
doors were unlocked, he said, and the
doors of the outer and inner offices on
the second floor were open The safe
door, he thought, also was oi>en. He
testified that his conversation with
Frank was very brief and that he left
the factory within two or three min-
Luther /. Rosser.
rank Hooper.
Reuben Arnold.
Solicitor Dorsey,
He said that R. P.
nated by Attorney
“Christopher Colttrnbt
trial, had discovered
Barrett, desig
ns the
s" of the Frank
th* blood spots
• and the strands of hair on the lathing
machine. Barret* frequently had re-
1 marked t<» him. Quinn testified, that
he would draw down the big rewards
1 if Frank was convicted. Quinn said
that Barrett had mentioned $2,700 it
1 "ne time and $4,500 at another as th* 1
| sum he would receive because he ha i
1 been the first to find the blood spots
j and other evidence.
The witness said that it was noth-
I ng unusual for factory employees 10
be hurt and bleed. He cited the case
I "f <\ P Gilbert, who, he said, had
been badly injured hv t ie bursting of
an emery wheel and was carried.
verj glace where
1 Barrett discovered the blood spots.
He testified that he never had seen
Frank speak to Mary Phagan and did
J not know that he knew her.
The defense wan able to get only
so far as the reading of the excerpts
from Conley’s testimony, so far as
it related to tne actual movements of
the day when the Judge decided that
he would reserve his decision until
afternoon in the dispute over Dr.
Owens’ testimony.
With one man taking the role of
.Tim Conley, another the part of
Frank and two others timing every
movement. the four actors in the
drama went to the factory and pro- I
ceeded through the actions which tne
negro described in telling the story of
the body’s disposal.
Even the victim of the tragedy did
not go unrepresented. A sack filled
with material weighing 110 pounds,
the weight of Mary Phagan. was car
ried from the rear of the metal room
to tiie front of the factory and down
the elevator to the basement.
Dr. William Owens was called to
the stand. He was one of the timers.
He said that William A. Fleming, a
contractor and builder, took the part
of Leo Frank and a Mr. Brent the
part of Conley.
Dorsey objected on the ground that
the judge had ruled out evidence at
to the time it required Conley to re
enact the disposal of the body.
Arnold replied that this pantomime
was done under one of Conley’s "ly
ing affidavits," and not as he told of
it on the stand.
Numerous authorities were cite<I by
both sides. Judge Roan finally an
nounced that he would reserve his
opinion until 2 o’clock in the after
noon, and Dr. Owens was excused.
It took defense’s men eighteen uHn-
utes and a half to re-enact the bare
details of the disposition of the body.
To this, if the testimony is allowed,
the defense will explain, must be add
ed the time the negro was in the clos
et-eight minutes—the time it took
to write the notes, the time consumed
in the conversation the negro report-
1 ed. the alleged exchange of the roll if
hills and everything else that trans
pired in the office that Conley told of.
Dr. W. S. Kendrick, head of the old
Atlanta Medical College, was the first
witness called Wednesday and testi
fied in rebuttal of Dr. H. F. Harris.
He was the first man who employed
Harris as a chemical assistant.
Harris Testimony
Again Attacked.
Attorney Arnold put his usual
hypothetical question about the cut
on the back of the head and the doc
tor answered:
"In expressing any opinion on a
wound such as you describe that^long
after death is nothing more nor less
than hazarding the wildest guess im
aginable."
Q. Do you know of any way any
physician could determine how long
am ask-
science—the
have been
not?—A. I
Rosser—That is a reflection on this
man, who is old enough to be the
young Solicitor's father and ... man of
undisputed character.
Arnold—Your honor, we want you
to rule out that statement of the So
licitor’s about "shooting in."
Judge Roan—I must sustain ?.Ir.
Dorsey in his objection to the wit
ness answering questions he was not
asked. I also strike out Mr. Dorsey’s
comment on the witness.
Judge Objects to
Dragging in Homer.
Dorsey—Dr. Kendrick,
ing you about medical
processes of digestion
determined, have they
am not a stomach specialist. I have
had to know something about the
stomach to practice.
Q. Isn’t it true that Homer ex
ceeded his teachers in knowledge?—
\. 1 have had to make a living by the
sweat of my brow. I haven’t had
time to read Homer. 1 had to teach
Latin once
Judge Roan I don't think there Is
any reason to bring Homer into thD
case.
Q. Whenever you find free hydro
chloric acid in the stomach, digestion
is over with, is it not? A. Yes.
Q. Is it not true that when you find
it in a small degree you know that
digestion lias not progressed very
far?- A. Yes.
Q. Well, if you find undigested par
ticles of food in the stomach and only
a small degree of hydrochloric acid,
then would not the natural conclu
sion be that the food had only been
there a short timeV— A. Not necessa
rily • If ’ it< ci bbag<. it would be
there the next day.
Q. 1 never asked you about cabbage.
Get your mind away from that. You
might have been laid up from eating
a Welsh rarebit Now, are there not
certain infallible rules of digestion?
Arnold interrupted Wait a min
ute. let him answer that other ques
tion.
Addressing th“ witness 'mold said:
"He asked you if a Welsh ran bit
would not affect you the same way
as cabbage?"
Dr. Kendrick—I never saw 7 one in
my life.
A ripple of laughter ran through
the court and even Frank laughed
Arnold: Yes, he can.
Dorsey: Then let him.
Dr. Kendrick Gives
His Views on Case.
Dr. Kendrick: I have always
thought that every stomach is a law
unto itself. There is such a wide
latitude for fear anger and a hundred
other things to interfere with diges
tion that it is practically impossible
to set a standard.
Q. You and Dr. Westmoreland and
some others of you became very bit
ter against Dr. Harris, did you not?—
A. 1 gave him everything he ever had
in Atlanta, except h’s place on the
State Board of Health. Dr. West
moreland gave him that.
Arnold took the witness.
Q. What do you think about Dr.
Harris, his eccentricities, etc.?
Dorsey objected and "as sustained
Q Does this cabbage seem to be
masticated?—A. No.
Q. What becomes of the hydro
chloric acid after death?—A. I don't
know, but I imagine it would stay in
the body.
Q. Do you know what effect for
maldehyde has on the pancreatic
juice?—A. No.
Clash Over Real Estate-
Physician’s Testimony.
The witness was excused and Dr.
William Owens was called. Arnold
question him.
Q. What is your business?—A.
A physician and real estate man.
Q. Did you, at our request, make
certain tests of the building of the
National Pencil Company regarding
what Jim Conley said he did?—A. I
did.
Dorsey—I object to this testimony.
This man is no expert on this subject.
The jury is just as capable of Judging
the time as this witness. It is a farce
to have this man go through this tes
timony. The other day we tried to
prove that Jim Conley had gone
through this test, and your -honor
ruled It out. What is the difference in
principle between the two?
Arnold—Your honor, you admitted
the time the negro said he went
through these acts. He said it was
all completed about 1:30 o’clock. Jim
Conley went through his act after his
second lying statement.
Hooper—I object to him referring
until he said he left the factory
about 1:30.
The statement follows:
12:56 o’clock. Conley goes to
cotton box from the elevator
stairs and gets a piece of cloth,
but takes cloth back to where
body lay and ties it just like a
person that is going to give out
clothes on Monday. Ties each
corner and draws it in and ties
it. Ties the four corners together
and runs right arm through cloth,
and went to put it up on his
shoulder and found he could not
get it up on his shoulder: it was
too heavy, and he carried it that
way on his arm. and when he gets
to the little dressing room in the
metal department, he let the body
fall, and he didn’t know if any
body heard Mm. and when he let
her fall, he jumped and he was
scared and said:
(Conley) "Mr. Frank, you’ll
have to help me with this girl.
She is heavy." Frank comes and
runs down there from the top of
the steps, and after he gets down
there, he caught her by ‘the feet
and Conley laid hold of her by the
shoulders, and when they got her
up that way they backed, and Mr.
Frank kinder put her on Conley.
Frank was nervous and trem
bling. too, and after walking a
few steps. Frank let her feet drop,
and then they picked her up and
went to the elevator and set her
on the elevator, and Frank pulled
down on one of the cords and
the elevator would not go
Frank: "Wait, let me go in the
office and get the key.” Frank
goes in the office and gets the
key and comes back and unlocks
the storage box and after that he
started the elevator down. The
elevator went down to the base
ment.
Frank: "Come on.” He opened
the door that led there to the
basement in front of the eleva
tor (there is no such door) and
carried her out and laid her down,
and Conley opened the cloth and
rolled her out there on the floor,
and Frank turned around and
went on up the ladder. Conley
carries the body back to where
the body was found. Conley goes
around in front of the boiler and
takes out a cigarette and match
and hands Conley box of cig
arettes. Conley lights cigarette and
goes to smoking and hands Frank
back box of cigarettes. Frank
puts cigarettes back in his pocket
and then takes them out.
Frank: “You can have these."
Conley reaches over and takes box
of cigarettes and sticks them in
his pocket.
Frank: "Cnn you write?”
Conley: "Yes, sir, a little bit.”
Frank takes out his pencil and
sits down. Conley sits down at
table and Frank dictates notes.
Conley taking the paper that
Frank gave him. Conley writes
one note and Frank told him to
turn over and write again. Con
ley turns over paper and writes
again.
Frank: "Turn over again.” Con
ley turns over again and writes
or, next page.
Frank: “That is all right.”
Frink reaches over and gets a
green piece of paper and tells
Conley what to write and Conley
writes. Frank takes and la> s 1t
on his desk and looks at Conley
smiling and- rubbing his hands.
Runs his hands into his pocket,
pulls out a roll of bills.
Frank: “TJpere is $200.” Con
ley takes money and looks at It
a little bit.
Conley: “Mr. Frank, < on’t you
pa\ another dollar when that
Don’t you worry about this thing.
You just go back to work on
Monday like you have never
known anything and keep your
mouth shut. If you get caught
I will get you out on bond and
send you away.”
Conley: ‘That is all right, Mr.
Frank.” (Pause.) <
Frank: “1 am going out home.
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