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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 LAKO£, RIPE, JUICY oernaps the most cherished remem brance of our lives. And thousands of happy mothers owe their 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 re’ax nAturally, the form Is preserved svithout laceiatlon or other accident You will find Mother's -Friend on sale at almost any drug store. a« it Is orr ,.f the standard, reliable remedies that grandmothers every where 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 ary kind Its in fluence is truly remarkable, as it pene trates the tissues and renders ihem pliant and easily governed by the de mand* of nature You will be surprised at its wonderful effect and what a grateful relief 1t 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 *ale at the store where yoti trade or they will get it for you. It is prepared by Bradfleld Regulator Company, 1315 Lamar Building. Atlanta, r;a Write ^tnerr. for a very valuable book to tx- BKtAjCU niotberg. Meadow Gold, Brookfield or Parksdale butter, pound 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. 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