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TTTF> ATLANTA GEORGIAN AND NEWS.
OFFICE BOY TESTIFIES
IN DEFENSE OF FRANK
ALONZO MANN.
Continued From Page 2.
ney Arnold said that he war Rnlnff to
Introduce actual time tests
Judae Roan—1 will let It In, then,
because under these circumstances It
would be fact and not opinion.
Dorsey—This witness can not pass
upon the time it took Frank to choke
the little Rirl
Attorney Arnold (Jumping up. an
grily)—Of course, he doesn't know
how long it took Conley to choke he-.
Judge Roan—I think I understand
the question now. There is no evi
dence here, Mr. Arnold, that they
went through the movements as rap
idly as Conley did. and I think it
would only be an opinion.
Arnold—These men went as fast as
they could.
Judge Roan—But the negro never
said how fast he walked.
Arnold—Is your honor going to bind
us by the unsupported story of this
negro?
Rosser—Tour honor, experimenta
tion ia purely for establishing relevant
accuracy. Even the negro could not
go through the same movements
again in the same length of time.
Dorsey—Your honor, these men
were not under pressure. They had
not Just choked a poor little Innocent
girl to death. They were not trying
to dispose of the body. I challenge
them to cite any authorities. I sub
mit that if anyone of less standing
and ability than these two gentlemen
should urge auch a proposition, you
would not pay any attention to It. I
think it is a fact that they have laid
down the proposition that makes you
reluctant to decide against them.
Judge Roan—They or anyone else
can not Influence me to do anything
wrong.
Dorsey—I didn't mean that I have
respect for their opinions, but my
authorities are clear that non-expert
testimony based on tests outside of
couTt is Inadmissible. If Dr. Owens
can get up here and testify that he
thinks Conley could not have done it.
as he said he did, he might testify
that he could have committed the
murder. Then we could produce wit
ness after witness to show that Con
ley did have time to do what he said.
Thus the absolute absurdity of the
proposition ia revealed.
Attorney Arnold read several au
thorities.
Judge Roan—What is tjie reason
this witness can't be called back this
afternoon? I will rule on it now, if
you gentlemen insist, but I would
rather you would produce your au
thorities, to see if you can find any
Georgia cases."
Dr. Owens was excused until 2
o’clock.
More Witnesses
Score Dalton.
O. A. Nix. of Gwinett County, was
next called. Arnold questioned him.
Q. What is your business?—A. Law
yer
Q. Do you know C. B. Dalton?—
^ Q.*ls he the man who was tried in
Gwinett County for stealing?—A. Yes.
Q. Would you bellve him on oath?—-
A. No.
Solicitor Dorsey declined to cross-
examine the witness and he was ex-
CU |acnuel Craig, a farmer, of Gwinett
County, was next called and declared
that he knew Dalton and would not
believe him under oath. On cross-
examination, Craig said it had been
fifteen years since he had known
Dalton. The witness was excused
and B. L. Patterson, a farmer, of
Gwinett County, was the next wit
ness. Arnold questioned him.
Q. Where do you live?—A. Gwinett
County.
Q, What is your business?—A, 1
am a farm<r.
Q. How many acres of land do you
own?—A I never counted them.
Q. Tjo you know C. B. Dalton?—A.
Yes
•• Q Would you believe him under
oath?—A. No.
The witness waa excused and Rob
ert Craig, of Gwinnett County was
called. Under Attorney Arnold's
questioning Craig declared he owned
800 acres of land: that he knew C.
B. Dalton and would not believe him
on oath.
Ed Craig was the next witness. He
declared he was a farmer of Gwin
nett County, who had known C. B.
Dalton and would not believe him on
oath.
T. L. Ambrose and J. P Byrd, also
of Gwinnett County, testified along
the same line as their predecessors
Brooklyn Man First
Character Witness.
Alfred Lane, of Brooklyn. N Y.,
wta the first character witness to be
Introduced by the defense. He is a
wealthy merchant of that city. Ar
nold questioned him.
Q. What is your business?—A. A
merchant of New York.
Q. Do you know Leo M Frank? — A
Yes. I knew him at Pratt Institute
from 1898 to 1902. and later at Cor
nell.
Q. You say you knew him at Pratt
Institute for four years?—A. Yes.
^Q. Did you know him at Cornell?—
A Yes; I didn’t go to Cornell, but I j
saw him much in Brooklyn.
Q. How old was he when you were
together at Pratt Institute?-—A. Be
tween 17 and 21 years.
q Do you know hiR general ohar-
acter? A. I do.
Q. What is it—good or bad?—-A.
Good.
Dorsey rlid not cross-examine the
witness. He whs excuse 1 and Philip
Nash, of Ridgewood, N. J.. was called.
Arnold examined him
Q. What is your business?—A. Elec
trical engineer for a telephone com
pany.
Q. Where did you know Leo M.
Frank?—A I was with him at Pratt
Institute for four years.
Q. Do you know his general char
acter?— A, Yes.
Q. Was it good or bad?—A. Good
The witness was excused without
cross-examination. Richard A
Knight, of Brooklyn, a consulting eu.
gl neer and a, college mate of Frank's
at both the Pratt Institute and Cor
nell. was called by Attorney Arnold.
Q. Do you know Leo M. Frank?—
A. Yes.
Q, Where did you know him?—A. I
was his college mate at Pratt Instf -
tue and at Cornell.
Q. Do you know his general charac
ter?—A. Yes
Q. What Is it? - A. Good.
Former Office Boy
Called by Defense.
The wit nos*' was excused and Frank
Pavne a former office boy at the Na
tional Pencil Company, was called.
Q. How old are you?—A. lfi.
Q. When did you last work at the
pencil factory^—A. About 8 months
ago.
Q Where are you working now?—
A. Nowhere.
Q Were you there last Thanksgiv
ing day?—A. Yes.
q Do you remember w'hat kind of
a day It was?—A. It snowed.
Q Were Mr. Frank and Mr. Schiff
there?—A. Yes.
Q What did you do?—A. Mr. Schiff
sent me up to the fourth floor to fix
some boxes.
Q. Who wa* up there?—A. Jim
Conley.
Q. What time did he leave there?—
A. About 11 o’clock.
Q. What time did you leave?—A.
About 11 o'clock.
Q. Did you see Jim Conley when
you left?—A. No.
Q. What time did you leave the
factory on Saturday?—A. About 5
o'clock.
Q. Did Mr. Frank ever have any
women there?—A. No.
Q. How many weeks were you
there?—A. Five or six.
Hooper took the witness on cross-
examination.
Q. What were your duties there?—
A. General office boy.
Q You spent most of your time in
Frank's office?—A. Yes.
Q. How long since you quit work
ing there?—A. It has been seven or
eight months ago.
Q. Did you ever see any beer bot
tles around there?- A. No.
Q. You say Jim Conley was there
last Thanksgiving morning?—A. Yes.
Q. What time did you notice him?
— A. He was sweeping around there
until about 10:30 o’clock.
Q. What time did you leave?—A.
About 11 o’clock.
Lemmie Quinn
Called to Stand.
The witness was excused and Lem
mie Quinn was called. Arnold ques
tioned the witness.
Q Where did you work"—A I am
foreman of the metal department of
the National Pencil Company.
Q Is that the department Mary
Phagan worked in?—A. Yes
Q. Do you recollect Memorial day?
—A. Yes, it was a holliday at the fac
tory.
Q, Do you recollect the occasion
when Mr. Barrett discovered the
spots on the floor of the metal room
and some strands of hair on a lathe
—A Yes. He mentioned those dis
coveries to me.
Q. Did he ever mention any re
ward he expected to get If Mr. Frank
was convicted ?—A. Yes, he mentioned
$2,700 once and another time $4,500.
He said he had been told that if Mr.
Frank was convicted there wasn’t
any chance to keep him out of his re
ward. He wanted my advice. I told
him I was not a lawyer and could not
tell him.
Q. Had anyone noticed them before
Barrett said he discovered them?—
A. No.
Q. Do you remember a man named
Gilbert getting cut in the metal room
and bleeding around the women's
dressing room?—A. Yes.
Q. When was it?—A. About a year
ago.
Q Do you know of anyone being
cut since then?—A Yes. a boy was
cut on the hand.
Q. Did he go by the women’s dress
ing room?—A. Yes.
Q. Did you know' what that stuff
was over the spot on the floor?—A.
No.
Q. Do you know what has ever be-
Senate Amendments Reconsidered
and Bill Returned in Virtually
Its Original Form.
come of that hair?—A
detectives have it.
Hair Might Have
Blown Into Lathe.
Q. Is there any place in that room
w'here the girls dress their hair?—A.
Why, there’s a little gas Jet about ten
feet from the lathe.
Q. This jet is between thfe lathe
and the west windows and a breeze
might blow the hair across to this
lathe, might it not?—A. Yes.
Q. What time did you get your pay
Friday night before the murder?—A.
About 20 minutes to 6.
Q. What was the last time before
the murder that you saw Mary Pha
gan?- A. The Monday before.
Q. Why did she not work that
week?—A. We were out of material
and she was laid off.
Q. Did you ever see Mr. Frank
speak to Mary Phagan?—A. No, I
never did.
Q. You were examined about all
these Ihings by the Coroner and they
were impressed on your memory,
were they not?—A. Yes.
Mr. Quinn told in detail what he
did during the morning up to the
time he returned to the factory. He
said the front door of the factory was
unlocked.
Q. When you got up to Frank’s
outer office was the door open or
shut? A. Open.
Q. How about the door to the in
ner office?—A. Open.
Q. How about the safe door in the
outer office?—A. 1 think it was open.
Q. What time was this?—A. About
12:20.
Fixed Time by
Going to Market.
Q Why do you flx the time at that?
A Well, when 1 left homo I was anx
ious to get up town before the meat
markets closed. 1 left home at 15
minutes to 12. Doing the things I
did. 1 judge it w’as about 12:20 o’clock
when T got to the factory.
Q. You say you left homo at 11:45,
did you look at your watch?—A. Yes.
Q. What time did you want to get
to town? A. Before 12. because I was
afraid the stores would be closed.
Q. How long did It take you to walk
to the market?—A. About twelve min
utes.
Q What time was it w’hen you got
there?—A The whistle blew while I
was there.
Q. Can you tell how long you re
mained there? A. No.
Q. You went to the pharmacy from
there?-- A. Yes.
Q. How far was that from the mar
ket?—A. About three doors.
Q. What pharmacy was that?—A.
Benjamin's.
Q. How long did you stay there? —
A About three minutes.
Q Did you see anyone else at the
factory besides Mr. Frank?—A. No.
Q. What office was he in?—A. The
inner office.
Q. What did you say?—A. I ask^
him lr Mr. Schiff was In. He said,
“No.’’
Q Did you say anything else?—A.
I made some remark about his not
being able to keep me away even on a
holiday.
Q What time was It when you left?
—A. About 12:20.
Q. Where did you go?—A. To De
vore's pool parlor. It was about 12:30
then.
q. Where did you go from there?—
A. To the cafe, where I met Miss Hail
and Mrs. Freeman.
White Substance
Used on Machines.
Q. What did you go to see Schiff
for?—A. We had a baseball wager
and I went there to talk to him about
It.
Q. How many minutes did vou staj
at the Busy Bee?—A. I can not tell
exactly.
Q But you do know what time you
went to the poolroom?—A. Yes.
Q. Did you talk to anyone at the
poolroom?—A. Yes, McMurray.
Q. Where did you go from Devore’s
A. The Atlanta Theater.
Q. How long did you stay?—A
About fifteen minutes. I bought tick
ets for the night.
Q. Where did you go then?—A.
Back to Devore’s.
Q. Who is John Lamey?—A. Hj
worked with me.
Q. Did you go to the factory Sun
day?—A. Yes.
Q. Whom did you talk to?—A. Mr.
Parley and Mr. Montag.
Q. How lone did you look at the
body?—A. Three or four minutes.
Q. Did you see Mr. Frank Sunday?
—A. Yes.
Q. At BloomflelJ’s?—A. Yes.
Q. How was he dressed?—A. Tn
blue of black.
Q. What is the purpose of that
white preparation used at the plant '
—A. To clean the machines.
Curried in Buckets,
Spatters on Floors.
Q. How was it carfied?—A. Ir.
buckets.
Q. It spatters over everything?—A.
Yes.
Q. Did you see Frank Monday?—A.
Yes. Monday afternoon.
q. How was he dressed?—In brown.
Q. Look at this picture (showing the
witness the State’s diagram drawn by-
Bert Green of The Georgian). Does it
show Mary Phagan’s machine?—A.
No.
Q. Point out the place where Bar
rett claims to have found the hair.
Did you find any blood there?—A. No.
Q. Do you recall the place near the
closet where the negro said he found
the body?—A. Yes.
Q. Did you see any blood there 7 —A.
No.
Q. Well, if somebody had washed
up blood in one place would It noi
have been the reasonable thing to
wash it up in another?
"I object," said Dorsey. ’That’s a
question for argument, y-our honor.
“It’s such a good argument.’’ said
Arnold, “that I could not help It. »I
withdraw the question.”
Court took a recess until 2 o’clock.
The cross-examination of Quinn was
to be taken up immediately then.
Forced to follow the lead of the
Senate in the matter of tax reform
legislation, the House of Represen
tatives turned the tables Wednesday
morning by disagreeing with prac
tically every amendment offered by
the Senate to the House general ap
propriations bill. Now the Senate
will be obliged to come to the House
in the matter of disposing of the rev
enues of the State. The bill as final
ly completed by the House at 1
o’clock and which will be sent to the
Senate at once for further action re
stored virtually every detail of the
measure which passed the House
two weeks ago.
The consideration of the Senate
amendments brought about an un
usual situation which finally result
ed in a complete victory for educa
tion in Georgia, the members show
ing by almost unanimous vote that
they are unwilling for any of the
higher educational institutions of the
State to suffer through lack of funds.
Leaders of Hous^.Active.
In view of the passage of the tax
bill Tuesday leaders in^the House
brought out the bill with the inten
tion of restoring it to its original
shape by disagreeing with the Sen
ate amendments.
Several members, w-ho declared they
were unwilling to make appropria
tions in excess of the estimated reve
nues, started a fight to agree to the
Senate amendments, led by Moye of
Johnson. On the first vote Moye had
strength enough to induce the House
to agree to the Senate amendments
reducing the appropriations for the
State University, the School of Tech
nology, the Milltdgeville Normal
School, the North Georgia Agricul
tural College, the Athens Normal and
the Athens Agricultual School.
Amendments reducing the sums for
other schools were disagreed to. de
spite Moye’s efforts.
After the entire list of amendments
had been gone through, the members
who favored disagreeing with the
Senate amendments succeeded in in
ducing the House to reconsider its ac
tion on all amendments that had been
previously agreed to. The fight was
led by Smith of Fulton. Pickett of
eTrrcil and Wright of Floyd, all of
whom declared that giving large sums
to some schools and cutting the ap
propriations for others was unjust
discrimination. The important Sen
ate amendments were then acted upon
as follows:
House Votes on Senate Cuts.
Granting $45u more to the School
for the Deaf, agreed to.
Reducing the University of Geor
gia appropriation*from $52,500 to $48,-
725, rejected.
Reducing the appropriations for
Georgia Tech from $20,000 to $74,400
rejected.
Reducing the appropriation for the
Milledgeville Normal and Industrial
School from $52,500 to $48,725 reject
ed.
Reducing the appropriation of the
North Georgia Agricultural College
from $21,500 to $19,995 rejected.
Reducing the appropriation of the
Athens Normal College from $47,500
to $44,175 rejected.
Reducing the appropriation of the
Athens Agricultural College from
$100,000 to $95,000 rejected.
Reducing the appropriation of the
Valdosta Normal School from $25,000
to $23,000 rejected
Reducing the appropriation for the
State Medical School at Augusta from
$30,000 to $27,900 rejected.
Reducing the appropriation of the
common schools from $2,550,000 to
$2,375,000 rejected.
Reducing th e pension appropria
tion from $385,000 to $310,000 reject
ed.
it is understood that leaders in the
Senate, in view of the passage of the
tax reform bill, have agreed to pass
the House appropriations bills as re
stored.
Socialist Fined by
Recorder in Mobile
MOBILE. Aug. 13.—W. M. Doyle,
striking machinist and Socialist, who
has been creating much comment by
his anarchistic utterances and his
publications, was fined $25 or 50 days
by Acting Recorder Robert Gordon in
the Recorder's Court to-day for block
ading the streets in Bienville Square.
A lfcrge crowd was attracted to the
courtivoom by the trial and on account
of the feeling that was aroused over
the cjlae, the Rev. Matthew Brewster,
of fashionabL Trinity Episco-
Senators Take
Slap at House
The House of Representatives al
most unanimously turned down the
Senate Wednesday morning, when
resolution introduced in the Senate
by Taylor, of the Third, requesting
the House to return a local bill abol
ishing the Board of Commissioners
of Appling County, was defeated.
Carter, of Appling, led the fight
against the resolution, declaring the
efforts of Senator Taylor to get the
bill back were merely an attempt
to discredit him in his home county
and defeat all his bills.
Senator Taylor proposed to amend
Mr. Carter's bill by adding a refer
endum clause. This Mr. Carter de
clared the people of his county do
not want.
Representative Hardeman, of Jef
ferson spo ekvigorously in favor of
the resolution, declaring its defeat
would be a grave discomfort to the
Senate. Mr. Plckert. of Terrell, de
clared the House should refuse the
request of the Senate and support
Mr. Carter, who. he said, is account
able to the people of his county.
The House parsed the bill provid
ing for the popular election of United
States Senators, and for a temporary
appointment by the Governor.
LOW RATE EAST VIA
SEABOARD.
$20.95 Baltimore and return.
On sale August 22, 23, 24. Cor
respondingly low r rates from other
points. New steel diners and
MEN AND RELIGION BULLETIN NO, 75.
Georgia’s Senate and Her Children
“And whoso shall receive one such little
child in my name receiveth me--
“Even so, it is not the will of your
Father who is in Heaven that one of these
little ones should perish.”
Matt. 18:5-14.
A child—
A girl—
All men would help her.
House Bill No. 4 will save girls who are children in years.
The PRISON COMMISSION has favored the Bill.
The PENITENTIARY COMMITTEE of the House has approved it.
The COMMITTEE ON APPROPRIATIONS with WHEATLEY of
Sumter as Chairman unanimously recommended its adoption carrying a
$30,000 appropriation.
And men believe that GOVERNOR SLATON approves the measure.
Yesterday, Tuesday, the HOUSE COMMITTEE ON RULES, whose
Chairman is the Speaker of the House, BURWELL, with BLACKBURN
of Fulton its Vice Chairman, put the Bill upon the calendar. Without
this, the measure would have been lost. Among those helping to pass it
were NUNNALLY of Floyd and SHUPTRINE of Chatham. And for it
BARRY WRIGHT did splendid service.
THE VOTE WAS 115 TO 46.
The forty-six who opposed it did not do so with the thought of harm
ing girls. They misunderstood. At heart^-if they consider—they too
approved the JONES MILLS’ BILL establishing the “Georgia Training
School for Girls.”
It is no one man’s measure—no group of men can claim it—it is a
law for the want of which girl children of Georgia have suffered.
You would not continue to hurt and degrade them—you, too, would
help.
To-day the Bill is in the Senate.
The COMMITTEE ON APPROPRIATIONS of that body, whose
Chairman is Senator W. W. STARK, now has it under consideration; and
the Senate RULES COMMITTEE will doubtless see that it is heard.
The President of the Senate, RANDOLPH ANDERSON, of Chat
ham, has long favored a Reformatory for girls in Georgia.
And since the question of taxation and finances has been settled, the
only argument against the bill has been removed.
Of it, The Morning News of Savannah has rightly said:
“It is hard to see how anybody can truthfully say that it would not
profit the State to spend $30,000 in that way.”
The Senate will doubtless pass the Bill as it was adopted by the
House, without an opposing vote.
All Georgia will approve.
The Executive Committee of
the Men and Religion
Forward Movement
i