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2 Till*' ' N AX D XKWS t? ■ ■ . f V,3S<. ■.■■ ' -v ■' w: * «■-'.• ?**, mm 9tfV.u* * \V" 'A «v TRAGEDY RE-ENACTED TO \ V nnr 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. Cash Grocery Co. 113 Whitehall lakue, ripe, juicy Lemons, tioz. IGc Meadow Gold, ^***»fc, •tf Brookfield or m Uk I Parksdale butter, ^ ^ Jg Cash Grocery Co., 118 Whitehall IMPROVED ROOFLESS PLATE Made of gotd or aluminum, no gumi. no roof. Truly Nature’s du- S llcate, mad# only by u#. Perfect t < : or no pay, GOLD CROWNS WHITE CROWNS BRIDGE WORK 20-YEAR GUARANTEE UNTIL AUGUST 15lh We will continue to make our Whalebone Ever- stick Suction Plate for $3.00. The lightoet end strongest plate known. EASTERN PAINLESS DENTISTS m 38 1-2 p(»CHT8K ST.. «earWaH«« R. R. FARE ALLOWED 25 MILES " L!i —