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2 TTTE ATLANTA GEORGIAN AND NEWS. TRAGEDY RE-ENACTED TO PROVE JIM CONLEY’S STORY FALSE Frank Trial Scene of Hoi Battle on Admissibility of Evidence for Defense Frank Hooper. Reuben, Arnold. Luther /. Rosser. * * COLLEGE CHIEF BITS HARRIS' EVIDENCE Continued From Pago 1. 'That'* exactly what wo 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 that they had no fear of the evidence which the prosecution might bring forth. It is known that the State has made elaborate preparatlona 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. ”1 don’t know,” he replied. ‘‘It largely depends on the number that Awaiting Ilia Joyful Sound The Wonderful Mueie That Bursts Forth When the Stork Arrives. That funny little brassy cry that echoee the arrivaJ of the new baby la perhaps the most cherished remem brance of our lives. And thousands of happy mothers owe ihefr preservation to health and strength to Mother's Friend. This is an external remedy that Is ap plied to the abdominal 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 la preserved without laceration or other accident You will And Mother’s Friend on sala at almost any drug store, as It Is one f the standard, reliable remedies that grandmothers everywhere have relied upon With Its dally uae durlrg the period of expectation, there Is no weakness, nc nausea, no morning sickness, no pain, distrees 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 it affords. Especially to young women Mother's Friend Is one of the greatest of all help- \ ful influences. You will find this wonderful remedy on sale at the store where you trade, or they will get It for you It is prepared by Bradfield Regulator Company, 136 lamsr Building. Atlanta Ga. Writ# ♦hem for a very valuable book to aa- pectaxu i^oLtera Judge L. S. Roan. the defence mils and the nature of their testimony.” Those called by Attorney Arnold at the forenoon session were: Alfred L. Ixne, a merchant of Brooklyn, N. Y., and a classmate of Frank's at Pratt Institute from 1898 to 1902. Philip Nash, electrical engineer, of Hldgetvood, N. J., and a classmate of Frank's at Pratt Institute during the same period. Richard A. Wright, a oonmiltlng en gineer. Brooklyn, who knew Frank at Pratt Institute nnd also at Cornell University. All testified as to Frank's good character. Frank Payne, former office hoy at the factory, was asked to particular ise as to certain Incidents mentioned in the testimony of Jim Conley and C. B. Dalton. He said that he never know Frank to hnve women In his office, although it was his custom to be at the affice 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 legal wrangle over the admissibility of Dr. William Owens’ testimony. Dr. Owens was ready to testify in regard to the re production of the alleged movements of Conley and Frank In disposing of Mary Phagan’s gody, as Conley re cited them on the witness stand, .lodge Roan reserved his decision un til afternoon. Quinn was questioned minutely In regard to the time of his visit to the factory hm soon as he was called to the stand. Attorney Arnold began by having him detail his movements throughout the day from the time he arose 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 ./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 open. He testified that his conversation with Frank was very brief and that he left the factory within two or three min utes. He said that R. P. Barrett. destg- # nated by Attorney Arnold as the* "Christopher Columbus" of the Frank trial, had discovered the Mood spots and the strands of hair on the lathing machine. Barret* frequently had re marked to him. Quinn testified, that he would draw down the Mg rewards if Frank was convicted. Quinn said that Barrett had mentioned $2,700 it one time and $4,500 at another as th- 5 sum he would receive because he hai been the first to find the blood spots and other evidence. The witness said that It was noth ing unusual for factory employees i0 be hurt and bleed. He cited the case of C. P Gilbert, who, he said, had been badly injured by the bursting of an emery - wheel and was carried, bleeding, past the very place where Barrett discovered the blood spots. He testified that he never had seen Frank speak to Mary Phagan and did not know that he knew her. The defense was able to get only so far as the reading of the excerpts from Conley’s testimony, so far as It related to the 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 Jim Conley, another the part of Leo Frank and two others timing every movement. the four actors in the drama went to the factory and pro ceeded through the actions which tne negro described in telling the story of the body’s disposal. Even the victim of fhe 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 the front of the factory and down the elevator to the basement. Dr. VV’illiam 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 thi Judge had ruled out evldt ifee a* 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 cited by both sidea Judge Roan Anally 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 min 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 Me add ed the time the negro was in the clos et—eight minutes—the time it too a to write the notes, the time consumed in the conversation the negro report - ed, the alleged exchange of the roll if bills 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 Rosser—That is a reflection on this man, who is old enough to be the young Solicitor’s father and u 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 Mr. 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 Home: - . Dorsey—Dr. Kendrick, I am ask ing you about medical science—the processes of digestion have been determined, have they not?—A. I 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?— A. I have had to make a living by the sweat of my brow. I haven't had time to read Homer. I had to teach Latin once Judge Roan—I don't think there is any reason to bring Homer into this 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 has not progressed very far?—A. Yes. Q. Well, if you And undigested par- tides 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 time?—A. Not necessa rily. If l ate cabbage, it would be there the next day. Q. I 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 no; certain infallible rules of digestion? Arnold interrupted—Wait a min ute, let him answer that other ques tion. Addressing the witness Arnold said: "He asked you if a Welsh ran hit would not affect you the same way as cabbage?" Dr. Kendrick—I never saw on© in my life. A ripple of laughter ran through the court and even Frank laughed > Soliritor Dorsey. Arnold: Yes, he can. Dorsey: Then let him. Dr. Kendrick Gives His Views on Case. Dr. Kendrick: I have a1w r ays 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. I gave him everything he ever had In Atlanta, except his 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 was sustained Q Doss this cabbage seem to be masticated?—A. No. Q. What becomes of the hydro chloric acid after death?—A. 1 don’t know, but I imagine it wourd 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 teal, 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 sa'd 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 referaUMl until he said he left the factory at about 1:30. The statement follows: 12:56 o’clock. Conley gues 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 .him. and when he let her fall, he jumped and he was scared and paid: (Conley) “Mr. Frank, you’ll have to he p 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 dow r n 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 u'ut 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 whern i the body was found. Conley goes around In front of the boiler and watch man comes. I will pay him myself.” Frank: “Well, all right; I don’t see why you want to buy a watch for, either. That big fat wife of mine, she w r anted me^to buy an automobile and I wouldn’t do it. (Pause.) I will tell you the best way. You go down 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 fire 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 ^ee that money.” Frank takes money and puts in his pocket. Conley: "Is this the way yoy 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? I have wealthy people in Brooklyn.” Conley: “Mr. Frank, what about me ?” Frank: “It’s all right about you. (COUNSEL FOR STATE AND DEFENSE IN l hotargument before judge roan food had been in the stomach?—A. ‘ There is no way. Q. Well, if a doctor were to sav. : from a chemical c xainination of the ! content# of the stomach, that it had | been there only 30 minutes before j death, could he know w’hat he was i talking about?—A. No Solicitor Dorsey took the witness I on cross-examination. Q. Are you a specialist on the Stom ach?—A. No. Q. Is Dr. Westmoreland a specialist on the stomach?—A. No: he is a sur- I geon, but he would have to know j something about the stomach. Q. Is Dr. Hancock a stomach spe- j cialist?—A. No; he is a surgeon. Q. You say you are not a stoma'•h 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 your 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 question that wav. Dorsey—No, he hasn’t a right to shoot in statements. heartily. Q. Well, do you go out and prac tice niedi' ire with your mach as .i standard?—A. I certainly do not. Q. When did you read the last book on digestion?—A. About ten years ago. Never Resd Book On Digestion, He Says. Q. You say you have not read a book on digestion in ten years?—A. 1 don’t know that I ever read a book specifically on digestion. It hasn : been necessary. All the books an sent me free. I don’t have to buy them. Q. 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 will ex plain. if you desire. Q. Wait a minute. Arnold: Let h’m explain. Dorsey: Can’t the witness take care of himself? to the statement of the witn -s as a lie. That is for the jury to deuce. Judge Kuan sustained Hoopers ob jection. Arnold—He admitted he lied. He changed his statement in a half dozen particulars. You can’t judge a man w*ho one time Is a pup and the next time is a pig? Dorsey—Your honor, if you admit this evidence, it will be a positive ro ver sal. Rules State May Show Time of Conley’s Act. Judge Roan—I don’t remember tha* the question at the tine was put up to me when I ruled on Conley’s state ment. If it is admissii ie to show how long it took to enact what Conley said was his 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 up 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 p^ce of r.bbon. Conley: "Mr. Frank, what am I going to do w’ith 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 blow on his chest and jams him up against the elevator. Frank stumbles out of the elevator as it nears second flopr. Frank gees 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; 1’v‘j got to put you in this ward robe." Frank puts Conley in wardrobe. Conley stayed there quiet a while. 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 ward robe. Frank: “You sit dowm.” Conley sits down and Frank sits dowm. Frank reaches on table to get a box of cigarettes and matches, takes out a cigarette and majeh 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: "Can you write?” Conley: "Yes, sir, a little bit." Frank takes out his pencil and sits clown. 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 writer again. Frank: “Turn over again.” Con ley turns over again and writes on next page. Frank: “That is all right.” Frtnk reaches over and gets a gre^n piece of paper and tells Conley what to write and Conley writes. Frank takes and la>s it on his dekk and looks at Conley smiling and rubbing his hands. Rumi his hands into his pocket, pulls out a roll of bills. Frank: “There is $200.” Con ley takes money and looks at it a little bit. Conley: “Mr. Frank, i on’t you pay another dollar when that UNTIL AUGUST 15th 8 Made of gold or aluminum, ns gums, no roof. Truly Nature’s du- jllcate, mads snly by us. Perfect it or no pay. GOLD CROWNS WHITE CROWNS BRIDGE WORK 20-YEAR GUARANTEE We will oonttnue to make our Whalebone Bver- etick Suction Plate for $3.00. The lightest and strongest plate known. EASTERN PAINLESS DENTISTS ™ ,l8 ' I IS I 3 38 1-2 PEACHTREE ST.. ■ R. R. FARE ALLOWED 29 WILES ■ Don’t you worry about this thing. You just go back to work on Monday like you have never knowm anything and keep your mouth shut. If you get caught I will get you out on bond and send you aw r ay.” Conley: n at is all right, Mr. Frank.” (Pause.) Frank: “i am going out home. Continued on jj Cojumn fi aracery Co. 118 Whitehall LArtUE, RiPE, JUICY Lemons, doz. 10c 301 Cash Grocery Co., 118 Whitehall Meadow Gold, Brookfield or Parksdale butter, pound £