Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 13, 1913, Image 2

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2 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 FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. IMPROVED ROOFLESS PLATE Med# ©f goM or aluvnfftwvn. mi game, no roof. Truly Natural 4m- giicato made only by wo. fit or no pay. GOLD CROWNS WHITE CROWNS BRIDGE WORK 20-Y5AR ailABAXTe* HIITH illfillOT 1 Wt v/IM continue to make cur Whalebone Ever* Um I IL AJuUv I I dill ,tick Suction P>ate fo H 1C 00. The lightest and atrongeat plate known. 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.