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TRAGEDY RE-ENACTED TO PROVE JIM CONLEY'S STORY FALSE
Frank Trial Scene of Hot Battle on Admissibility of Evidence for Defense
I will get you out on bond and
send you away.”
Conley: “That is all right. Mr.
Frank.” (Pause.)
Frank: "I am going out home.
Can you come back this evening
and do it?”
Conley: “Yes, I am coming to
get my money.”
Frank: "Well, I am going home
to get my dinner now and you
come hack here about 40 minutes
from now. It is near my dinner
hour and I will go home and get
my dinner and fix up the
money.”
Conley: “How will T get in?”
Frank: “There will be a place
for you to get in all right, but
listen, if you are not coming back
let me know and I will take those
things and put them down with
the body.”
Conley: "All right; I will be
back in 40 minutes.” Conley looks
at Frank; Frank looks around.
Then Conley gets up, stands by
the chair, looks down at Frank
and Frank grabs a scratch pad
from the typewriter table, starts
to make a memorandum from the
paper, but his hand trembles so
that he can t Frank gets up to
go.
Frank: "Now, Jim, you keep
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 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 pp.per and writes
again.
Frank: "Turn over again.” Con
ley turns over again and writes
on next page.
Frank: “That is all right."
Frank reaches over and gets a
green piece of paper and tells
Conley what to write and Conley
writes. Prank takes and lays it
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: "There is $200.” Con
ley takes money and looks at it
a little bit.
Conley: "Mr. Frank, con*t you
pay another dollar when that
w'atch 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 wanted me to buy an
automobile and I wouldn’t do it.
(Pause.) I will tell you the best
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 the witness Arnold said:
“He asked you if a Welsh rarebit
would not affect you the same way
as cabbage?”
Dr. Kendrick—I never saw one in
my life.
A ripple of laughter ran through
the court and even Frank laughed
heartily.
Q. Well, do you go out and prac
tice medicine with your :-*tomach as i
standard? A. I certainly do not.
Q. When did you read the last book
on 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. 1
don’t know that I ever read a book
specifically on digestion. It hasn't
been neceosary. All the books art
sent me free. I don’t have to buy
them.
Q. And there hasn't been any proc-
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
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 lfttle 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 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 C’rmley 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: “Walt, let me go in the
office and get the key." Frank
goes in the office and gets the
key and comes bkek and unlocks
the storage box and after that he
started the elevator down. The
COUNSELFORSTATEAND DEFENSE IN
HOTARGUMENTBEFOREJUDGE ROAN
«MR|
A «■-»* A
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 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 he add
ed the time the negro was in the clos
et—eight minutes the time it toon
to write the notes, the time consumed
in the conversation the negro report
ed. the alleged exchange of the roll of
bills and everything else that trans
pired in the office that Conley told of.
Dr. \V. 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.
Continued From Page 1
ried from the rear of the metal room
to the 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 ?! at 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 as
to the time it required Conlev 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
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, 1 am not.
Dorsey—I move that this answer
be stricken out.
Arnold—He had a right to answer
that question that way.
Dorsey—No, he hasn’t a right to
shoot in statements.
Rosser—That Is a reflection on this
man, who is old enough to be the
young Solicitor’s father and a 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—1 must sustain Mr.
Dorsey in his objection to the wit
ness answering questions he was not
asked. 1 also strike out Mr. Dorsey's
comment on the witness.
Frank Hooper
Reuben Arnold,
Luther Z. Rosser,
Solicitor Dorsev
to the statement of the witness as a
lie. That is for ttie 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—You** honor. If you admit
this evidence, it will be a positive re
versal.
Rules State May Show
Time of Conley’s Act.
Judge Roan—1 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 admissible 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
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
notices her hat and slipper and
the piece 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 blow on his
chest and jams him up against
the elevator. Frank stumbles 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 nands 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 p(its 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
wardrobe.
Frank: "You sU down.” Conley
sits down and Frank sits down.
Frank reaches on table to get a
box of cigarettes and matches,
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
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 see that
money ” Frank takes money and
puts in his pocket
Conley: “19 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? I
have wealthy people in Brooklyn.”
Conley: "Mr. Frank, what about
me?”
Frank: "It’s all right about you.
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
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. Walt a minute.
Arnold: Let him explain.
Dorsey: Can’t the witness take
care of himself?
Arnold: Yes, he can
Dorsey: Then let him.
Dr. Kendrick Gives
His Views on Case.
Dr. Kendrick: 1 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. 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 Does this cabbage seem to be
masticated?—A. No.
Q. \\ hat becomes of the hydro
chloric acid after death?—A. 1 don't
jectlon that the statement was inac
curate in that things that occurred
Tuesday were mixed with the things
of Saturday, and this evidence would
be nothing but an opinion. Judge
Roan ruled that if It was an opinion
he would have to exclude It. Attor-
The Wonderful Music Thst Bursts
Forth When the Stork Arrives.
Thst funny little brassy cr]
echoes the arrival of the new
Judge Objects to
Dragging in Homer.
Dorsey—Dr. Kendrick, 1 am ask
ing you about medical science—the
processes of digestion have been
determined, have they not?—A. 1
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 Koan 1 don't think there is
any reason to bring Homer into this
Q. \\ ell, if a doctor were to say.
from a chemical examination of the
contents of the stomach, that it had
been there only 3ft minutes before
death, could he know’ what he was
talking about ?—A. No
Solicitor Dorsey took the witness
on cross-examination.
Q. Are you a specialist on the stom
ach?—A. No.
Q. If Dr. Westmoreland a specialist
on the stomach? No; he is a sur
geon, but he would have to know
something about the stomach.
Q. Is Dr. Hancock a stomach spe
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 hnv« been compiled
showing "oh 1( .ng it tak. 9 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 1 should eat
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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 l^eavitt read for At
torney Arnold the negro’s statement,
detailing the events from the time the
negro said he went to move the body
until he said he left the factory at
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 whera
Cash Grocery Co., 118
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. Y es.
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 time?—A. Not necessa
rily. If I ate cabbage, it would be
there the next day.
W 1 never asked you about cabbage.
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