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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