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L THE 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 COLLEGE CHEF HITS HARRIS' IF Continued From Page 1. Tied from tho 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 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 tho ground that the Judge had ruled out evidence as to the time it required Conley to re enact the atsposal 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 Awaiting the Joyful Sound The Wonderful Music That Burets Forth When the Stork Arrives. That funny Uttle brassy cry t echoes th«* arrival of the new bab' that is perhaps the most cherished remem brance of <>ur lives And thousands of happy mothers owe their preservation to health and strength to Mother's Friend. Thin la an external remedy that Is ap- S led to the abdominal muscles It re- jvos all the tension, prevents tender ness ami pain, enables the muscle* to expend gently, and. when baby comes. Jfr.e muscles r^lax naturally, the form !• preserved without laceration or other accident. You will find Mother's Friend on sale at almost any dru* store, as it Is one of the standard, reliable remedies that grandmother* 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 1b truly remarkable, as It pene trates the tissues and renders them pliant and easily govemeo by the de mand* 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 influence* You will find this wonderful remedy on Mile at the store where you trade, or they will get it for you It is prepared y Brad fie Id Regulator Company] 186 Building. Atlanta. <;a_ Write for a very valuable book ex Judge L. S. Roan. both Bides. 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 look 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 1s allowed, the defense will explain, must add ed the ur the negro was in the clos et—eight /illnotes—the time It took to write the notes, the time consumed in tho 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. W. S. Kendrick, head of the old Atlanta Medical College, was the first witness called Wednesday and testi fied In rebuttal of Dr. H. K 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 food had been in the stomach?—A. Then* is no way. Q. Well, if a doctor were to say, from a chemical examination of the contents of the stomach, that it had been there only 30 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. Is Dr. Westmoreland a specialist on the stomach?—A. 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. Y’ou 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 arc fa miliar with the digestion of cabbage, are you not?—A. I can not digest cabbage at all myself. If I should cat Solicitor Dorsey. Frank Hooper. 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 be know a 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 cabbago 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: 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 hac\ 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. What become? of the hydro chloric acid after death?—A. I don't COUNSEL FOR STATE AND DEFENSE IN HOTARGUMENT BEFORE JUDGE ROAN 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 otomaoh as a 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. I don’t know that I ever read a book specifically on digestion. It hasn’t been necessary. 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. I>o 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 oertain 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 light 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 ho gets to the little dressing room In the metal department, he let the body fall, and he didn't know if any body (beard him, and when he let her fan, 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 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 hit.” Frank takes out his pencil and sits down. Conley sits down at table and Frank dictates notes. Fonley 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 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. Frank 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, < on’t you pay another dollar when that watch man comes, I will pay him myself.” Frank: “Well, all Tight; 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 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 back here about 40 minutes from now. It is near my dinner hour and I w r ill go home and get my dinner and fix up the money.” Conley: “How will I 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 your mouth shut, you hear?” Conley: “All right, I will keep my mouth shut and I will be back here about 40 minutes.” Conley goes out. When the statement was read, Dorsey was on h4s feet with an oo- ■■MW mr-.JWMs 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 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—I must sustain Mr. Dorsey in his objection to the wit ness answering questions he was not asked. I also strike out Ml Dorsey's comment on the witness. Judge Objects to Dragging in Homer. 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 kqow something about the stomach to practice. Q. Isn’t it tru© 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 l^atin once Judge Roan—I don’t think there is any reason to bring Homer into this case. Q. Whenever you And free hydro chloric acid in the stomach, digestion is over with, is it not?—A. Yes. Q. Is it not true that when you And it in a small degree you know that digestion has 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 time?—A. Not necessa rily. If I ate cabbage, it would be there the next day. Q. I never asked you about cabbage. Reuben Arnold. 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 be 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 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 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 cajte. 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 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 ant. gets a piece of cloth, but takes cloth back to where Luther Z. Rosser. 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 nc 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 liands 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 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 sit 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. Cqnley 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 front 1 , 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: “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. Don’t you worry about this thing. 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