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THE ATLANTA GEORGIAN AM) NEWS.
COLLEGE CHIEF
NILS HARRIS'
EVIDENCE
Continued From Pago 1.
the court and even Frank laughed
heartily.
Q. Well, do you go out and prac
tice medicine with your stomach 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-
Awaiting tlin
Joyful Sound
The Wonderful Music That Bursts
Forth When the Stork Arrives.
That funny little brassy orv that
echoes the arrival of the new baby is
erhape the most cherished remem
ora no© of our lives And thousands of
rappy mothers owe their preservation to !
t ealth and strength to Mother's Friend.
This is an external remedy that is ap- !
piied to the abdominal muscles It re- i
eves all the tension, prevents tender- !
r e<ss and pain, enables the muscles to I
expand gently. ai*d when baby comes. I
the muscles relax naturally, the form la
preserved without laceration or other
iccident
You will find Mother’s Friend on sale
• t almost any drug store, as It one of
•he standard. reliable remedies that
I rend mothers everywhere have relied
upon.
With it* daily use during the period
of expectation, there ia no weakness nf
nausea, no morning sickness, no pain, |
dlstrees or strain of any kind Its in
fluence ts truly remarkable, as It perte- j
ratea the tissues af*d renders them
pliant and easily governed b> the de- j
narda of nature You will be surprised j
• t its wonderful effect and what s
j'-atefu) relief it affords
Especially to young women Mother s
t'•lend is one of the grecrest of all help- '
ul influences
Ton will find this wonderful remedy on
sale at the store where von trade, or
nay will get it for you It Is prepared
e v Bradfleld Regulator Company. ist>
Lamar Building. Atlanta Oa Writ*
vheen for a very valuable bock ta ex-
ess in the study of digestion in ten
yea rs ?
Arnold: 1 object to the Solicitor
asking and answering the question.
Dorsey: They put him up as an
expert, and I want to see what he
knows.
■Dorsey' (hen put a hypothetical
question, describing the conditions
surrounding the analysis of the cab
bage taken from Mary Pha gap’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. 1 will ex
plain. if you desire.
Q. Wait 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. 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* What becomes of the hydro
chloric add after death?—A. 1 don’t
know, but 1 imagine it would stay ir.
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
^ Dorsey—1 object to this te^tufloni.
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
to the statement of the w’itness 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—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—I don't remember that
the question at the time was put up
to me w hen 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. 1 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 1 want.
Arnold—The Solicitor gets up everv
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 Leavitt road for At
torney Arnold the negro's statement,
detailing the events from the time the
noo**u said lie wept to move the body
went to the elevator and set her
on the levator, 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
elevator went down to the base
ment.
Tells of Leaving Cellar
And Ride in Elevator.
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.
Qonley: “Mr. Frank, what am I
going to do with these things?”
Frank: “Just leave them right
there.” Oonley pitched them in
front of the boiler. Conley goes
on elevator.
Frank: "Come on up and 1 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 hands 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 gut to put you in this ward-
robe.” F'rank puts Conk
; in
ward robe.
Conley stayed
there
quite a whiel.
F'rank:
place.”
"You are in a
light
Conley:
“Yes."
Fra ok;
"You done
*eU.'
Dorsey.
Prank Hooper.
ley takes money and looks at It
a little bit.
Conley: “Mr. Frank, < on’t you
pay another dollar when that
watchman comes, I will pay him
myself.
Frank: "Well, all right; I don’t
•ee why you w ant 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
way. You go down there in the
basement, you see that package
that is on the floor in front of the
shavings, take a lot of that trash
and make up a Are and burn it.
Conley: “All right. Mr. Frank,
you come down there with me and
I will go.”
F'rank: “There is no need of my
going down there, and I haven’t
got any business dow n 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.)
F'rank: “Let me see that
money.” Frank takes money and
puts in his pocket.
Conley: “Is this the way you do
things?”
F'rank: “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 bis hands
and looks up.
Declares Frank Cried,
"Why Should I Hang?"
F'rank: “Why should I hang? I
have wealthy people in Brooklyn."
Conley: “Mr. Frank, what about
me ?”
F'rank: “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
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.”
F'rank; ‘‘Well, I am going home
Roan ruled that if it was an opinion
he would have to exclude it. Attor
ney Arnold said that he w’as going to
introduce actual time tests.
Judge Roan—I 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 girl.
Attorney Arnold (jumping up, an
grily)—Of course, he doesn’t know
how long it took Conley to choke her.
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—Your 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 me.i
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 such a proposition, you
would not pay any attention to 1t. T
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—1 didn't mean thao. 1 have
Gwinett County for stealing?—A. Yes.
Q. Would you belive him on oath?—
A. No.
Solicitor Dorsey declined to cross-
examine the witness and he was ex
cused.
Samuel Craig, a farmer of Gwinett
County was next called and declared
that he knew Dalton and w’ould not
believe him under oath. On cross-
examination, Craig said it had been
fifteen years since he had knowln
Dalton. The witness w-as excused
and B. L. Patterson, a farmer of
Gwinett County was the next witness.
Arnold questioned him.
Q. Where do you live?—A. Gwinett
County.
Q. What is your business?—A. I
am a fanner. \
Q. How many acres of land do you
own?—A. 1 never counted them.
Q. Do you know C. B. Dalton?—A.
J Yes.
Q. Would you believe him under
j oath?—A. No.
j The witness was excused and Rob-
| ert Craig, of Gwinnett County was
; called. Under Attorney Arnold’s
i questioning Craig declared he owned
'Save Me From Jail
And Disgrace/ Plea
Of Woman Beggar
Arraigned on the charge of solicit
ing alms on the street, a young wo
man giving her name as Mrs. Eu
j genia Ward, but who declined to gi\>
! any information concerning herself
j or her people, Wednesday morning
| pleaded with Recorder Pro Tem Pres
i ton to "save her from jail and di$
, grace.”
Mrs. Ward was brought before the
court after she had refused to tell ft\
Associated Charities anything of he*
self when that organization sought < •
aid her. She was taken into custody
by the police Sunday night for asking
alms of pedestrians in Peachtree
street. Just prior to this, a fund had
been made up for her at the police
station, where she appeared and re
lated a pathetic -story of need.
Funeral Designs and Flowers
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WHITE CROWNS
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EASTERN PAINLESS DENTISTS JWWBUSSrES'
1 ■ ———a. rue allswcd a mius
Solicitor
Reuben Arnold.
Luther Z. Rosser.
TRAGEDY RE-ENACTED TO PROVE JIM CONLEY'S STORY FALSE
Frank Trial Scene of Hot Battle on Admissibility of Evidence for Defense
^COUNSEL FOR SI
HOTARGUMENT
'ATE AND DEFENSE IN
BEFORE JUDGE ROAN
until he -aid he left the factory *
about 1:30.
The statement follows:
Conley Wraps up Body;
Gets Frank to Aid Him.
12:56 o’clock. Conley goer to
cotton box from the elevator
stairs and gets a piece of cloth,
but takes cloth back to where
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 little dressing room in the
metal department, he let the body
fall, and he didn’t know if any
body hea»’d him. and when he let
her fall, he jumped and he was
scared arid said:
(Conley) “Mr. F'rank. you’ll
have to help me with this girl.
She is heavy." F'rank 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.
F'rarnk 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
F'rank goes in ti
back and i ts 1
wardrobe.
F'rank: "You sit down.” Conley
sits dowm and F'rank sits down.
F'rank reaches 6n table to get a
box of cigarettes and matches,
takes out a cigarette and match
and hands Conley box of cig
arettes. Conley light cigarette and
goes to smoking and hands F’rank
back box of cigarettes. F'rank
puts cigarettes back in his pocket
% and then takes them out.
F'rank: “You can have these.”
Conley reaches over and takes box
of cigarettes and sticks them in
hia pocket.
Frank: “Can you write?*’
Conley: ‘‘Yes, sir. a little bit.”
Frank takes out his pencil and
sits down. Conley sits dowm at.
table and F'rank dictates notes,
(’onley 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.
F'rank: "Turn over again." Coo
ley turns over again and writes
on next page.
Frank: "That is all right."
F'rink reaches over and gets a
green piece of paper and tells
Conley what to write and Conley
writes. F'rank takes and lays it
on his desk and looks at Conley
smiling and rubbing his hands.
Runn his hands into his pocket,
pulls out a roll of bills.
F'rank: "There is $200.” Con-
to get my dinner now and you
come back 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."
Cpnley: “How wdll I get in?"
F'rank: “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 F'rank; F'rank looks around.
Then Conley gets up, stands by
the chair, looks down at F'rank
and F’rank grabs a scratch pad
from the typewriter table, starts
to make a memorandum from the
paper, but bis hand trembles so
that he can’t. F'rank gets^up to
go.
F'rank: "Now’. Jim, you keep
our mouth shut, you hear?”
Conley: “All right. I will keep
my mouth shut and 1 will be back
here about 40 minutes." Conley
goes out.
Dorsey Objects
to Statement.
When the statement was read,
Dorsey was on his feet with an ob
jection 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
1 respect for their opinions, but my
lauthoiities are clear that non-expert
testimony based on tests outside of
court 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 .ve 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 is revealed.
Attorney Arnold read several au
thorities.
Judge Roan—What is the reason
<his witness can't be called back tills
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 voilr business?—A. Law
yer.
Q. Do you know C. B. Dalton?—
A. Yes.
Q. Is he the man who was tried in
800 acres of land: that he knew C.
B. Dalton and would not believe him
on oath.
Erl Craig was the next witness. He.
nett County, who had known C. B.
declared he was a farmer of Gwin-
Dalton and would not belLeve him on
oath.
T. L. Ambrose and J. P. Byrd, also
of Gwinnett County, testified along
the same line as their predecessors
Leaps From Pier to
Save Society Woman
MOBILE, Aug. 18.—Mrs. G. Fuller.
Miss Gertrude Fuller and Miss Mar
garet Cary, society women, of New
Orleans, who are spending part of
the summer at East Beach, near
Biloxi. Miss., narrowly escaped
drowning when Miss Fuller got be
yond her depth in the channel and
the other women got into deep
water trying to rescue her.
Frank Treloar. of Biloxi, jumped
from a nearby pier, reaching them
as they went down. Almost at the
same time two New Orleans men. #
C. T. Oberling and V. J. Allenbach,
reached the scene in boats.