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THE ATT, A XT A C1E0KC.IAN A XT) NEWS.
CONLEY'S STORY IS RE-ENACTED BY DEFENSE TO DISPROVE IT
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The diagram shows how the defense re-enacted the disposition of Mary Phagan’s body as described by Jim Conley to prove
that it could not have been done in the time specified. The defense’s men had a 107-pound sack representing the body and re
produced the negro’s story in detail—beginning in Frank’s office, going back to the metal room, to the elevator, into the base
ment, back to the office, hiding in the wardrobe and the writing of tlTe notes.
WAS. 100'
Continued From Page 1.
the time he has stated he left the
factory.
Other? were called who saw him
as he arrived home at about 1:20
o’clock, or a a he was on his way
back to the factory later In the after
noon. It was the purpose of Prank’s
lawyers, so far as they could, to ac
count for every minute of his time
during: the day. ,
Appreciating that the case of the
State against the defendant was hit
by Miss Curran's story, Attorney
Frank A. Hooper made a determined
effort to confuse or break down the
young witness, but failed to shake
her In the least.
The significance of the girl's testi
mony is apparent in the light of Jim
Conley’s story. The negro said he
and Frank started to dispose of Mary
Phagan’s body at 12:56. Allowing
two minutes for Frank to get from
the factory to Whitehall and Alabama
street*, he would have had to leave
the building at 1:08. This would have
left but 12 minutes for the two to
dispose of the body and do exery-
thlng else the negro mentioned.
Conley testified that he was in the
closet In Frank's office eight minutes
This would have reduced the remain
ing time to four minutes. Part of
this was occupied in writing the
notes, Conley says.
Thirty-two Minutes to
Dispose of Body.
If the negro could have written
the four notes in two minutes, two
minutes would have been left for the
disposal of the body, llut Harry
Scott, Pinkerton detective, suid thru
Conley took six or seven minutes in
writing one test note exactly like
the shorter note that was found by
the slain girl's body. The defense
contended that this, in view of Miss
Curran's testimony, puts Conley’s
story in the realm of the impossi
ble.
Miss Curran said that she lived at
No. 160 Ashby street and that she
knew' Frank from trying to get a
position as stenographer at the fac
tory one time. She said that on the
day she saw Frank she had an ap-
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B iftiSti tfl tUif
polntment to meet a girl friend at
Jacobs’ store at 1:16. She left
Kress' store at 1:05, she testified, and
had been at Jacobs' only a short time
when she observed Frii.lL
Attorney Hooper brought out the
fact that her father is employed by
Montag Pros., who also are interested
In the pencil factory. He asked her
at one point in his examination:
“Don’t you know’ that Kress’ store
was closed all of Saturday afternoon.
April 26?”
“It wasn’t closed at the time I w r ent
in there in the afternoon,’’ she replied.
The attorney also sought to show
thnt the crowds were so dense that
afternoon that she would not have
been likely to see Frank.
Miss Rebecca Carson, called prl
madly as an alibi witness, told of
suspicious conversations and actions
of the negro Jim Conley.
“No, Miss Rebecca, I wasn't at the
factory Saturday. I was so drunk
that I don’t know what I did or where
I was,” she testified that Conley said
when she asked him on the Monday
after the crime if he had been In the
factory at the time the murder was
committed.
She also said that Conley had ap
peared greatly startled when Mrs.
Carson, her mother, had said in his
presence that she thought they would
find the murderer when they found
the negro that Mrs. Arthur White saw
at tb* foot of the stairs.
Two more character witnesses. Har
ry E. Lewis, of Brooklyn, formerly
the District Attorney of New York,
and Herbert Lasher, of Flelschmans,
N. Y., a classmate of Frank’s at Cor
nell, testified that they knew the de
fendant well and that they knew his
character to be very good.
Sig Montag of Montag Bros.,
treasurer of the National Pencil Com
pany. told of his part in the hiring
of the Pinkertons and of Frank’s de
meanor the Sunday the body of the
girl was found. He .estified. in refu
tation of Jim Conleys' story about
watching at the front door at the di
rection of Frank, that the first floor
on occasions of which Conley told
was the property of the Clark Wood
en ware Company, and that it was
used by the pencil company only as
an entrance.
Montag was asked by Dorsey Just
before he left the stand if he tried
several times to hire a horse and bug
gy the afternoon of April 26 from W.
D. Brown, a West End liveryman.
The witness said he had not.
Miss Curran was the first of n long
| string of alioi wnnew» .... Fiur*
! Still others are bo be called to present
|to the jury a record of the defend
ant's every moveifient throughout the
day so far as it is known.
Important Battle
Lost by Defense.
An important battle was lost by the
defense in the Frank trial Thursday
in the over-ruling of Luther Rosser’s
motion for the expunging of Solicitor
| Dorsey’s questions of the day before
I relating to Frank alleged acts of im
morality.
The defeat of Attorney Rosser came
immediately after Solicitor ^Dorsey
I had failed in an attempt to have
I Frank’s mother and wife excluded
| from the‘ courtroom because of tiie
elder woman's sensational outburst of
t
the afternoon before, when she dra
matically denounced the Solicitor for
his charge of grossly improper con
duct against her son, the defendant.
Judge Roan refused the motion of
the Solicitor, but said that he would
refuse them admission if another out
break of the sort took place.
With the preliminary skirmishes of
the day settled, the defense set out
with great minuteness to complete its
record of Frank’s movements
throughout the day of the crime.
Miss Helen Curran, No. 160 Ashby
street, testified that she saw Frank
near Jacobs’ drug store, Whitehall
and Alabama streets, at 1:10 o’clock
Saturday afternoon apparently wait
ing for his car home.
Saw Frank
Get Off Car.
Mrs. Albert P. Levy, No. 69 East
Georgia avenue, swore that she saw
Frank get off his car on Georgia ave
nue at 1:20 o'clock the afternoon of
the crime.
Mrs. M. G. Michael, of Athens, Ga.,
aunt of Mrs. Leo Frank, said that she
was visiting at the home of Mrs C.
Wolfsheimer, No. 387 Washington
street, three doors from Georgia ave
nue, and that Frank came up to the
steps at about 2 o’clock to speak to
her, leaving a moment later to catch
a Washington street car at Glenn
street.
Jerome Michael, son of the previous
witness, testified that he was on the
steps at the time and that Frank
walked up the street between 1:55
and 2 o’clock.
Mrs. Wolfsheimer, who lives at No
387 Washington street, said she saw
Frank at this time.
Julian Loeb, No. 380 Washington
street, testified to the same effect.
J. Cohen Loeb, No. 445 Washing
ton street, told the Jury he rode part
way to town with Frank and that the
defendant boarded the Washington
street car at about 2 o’clock.
Miss Rebecca Carson, a factory
employee, testified to seeing Frank
on the street at 2:20 and also at 2:50.
Solicitor Dorsey, before the Jury
was brought in, said he wanted to
make a request that the mother and
wife of Leo M. Frank be excluded
from the court as the witnesses have
been because -<^f the outbreak of the
elder Mrs. Frank Wednesday after
noon.
“I appreciate the feeling of the wife
and mother,” he said; “it is a terrible
strain on them. I am sorry for them
Rut I must have protection and I
think they should bo excluded when
we are subjected to outbreaks like
that yesterday.’’
Attorney Arnold In reply said:
“Without criticising Mrs. Frank, I
want to state that the Solicitor’s ex
amination of the witness yesterday
was far worse than her outbreak. H* 3
was undertaking to get in evidence
in an illegal way. He could net get
it in in a legal way. Ho was appeal
ing to the crowd and to the feelings
of the Jury. Does you honor think
that good practice—honorable prao
—especially when a man Is on tria'
for his llie.
Arnold Calls
Dorsey Overzealous.
“My friend is zealous—he is a little
overzealous, I think, but that is not
a matter for me to criticise. Your
honor, our Jury system is very lame
if we admit this sort of evidence.
They are good men, but simple men.
It’s hard for them to distinguish be
tween things that condemn a man
and things that prove him guilty. I
won’t say that the conduct of the So
licitor is illegal, but it is a little more
culpable than the act of the mother.
It's a pretty pass if a man’s wife and
mother are to be barred at the hour
of his trial. This evidence of the
State was put in to poison the minds
of the Jury. It was hard to bear—
awfully hard to bear—but I promise
it shall not occur again. We will do
all we can to prevent a recurrence.”
"Your honor, I didn’t ask Mr. Jones
all the questions I might have asked
him,” replied Dorsey. “You ruled the
questions I did ask were legal. I
asked only questions I can substan
tiate by reputable witnesses—some of
them high-class women, I regard
them.
"It's a mistaken idea about me be
ing overzealous. I am trying to do
my duty. I want to protect myself
and the court. You have excluded
other women. There Is no reason why
these should be allowed to remain to
offend the dignity of the court. An
accused man should not be allowed to
bankrupt his wife and mother. Mr.
Arnold criticises my act. The courts
have held it is highly improper for
a lawyer to express his opinion on the
evidence. Mr. Arnold has branded
this evidence as lies before I put
these good women on the stand.”
Judge Roan ruled, after more ar-
ffuing:
"You are entirely right, Mr. Dor
sey, in saying that you are entitled to
protection. Other women were put
ouf because the evidence was of such
a nature as to be indecent to be heard
by them. It is a matter in the discre
tion ofr the court to state whether
these ladies should be allowed to re
main. 1 will say that if there are any
more such outbreaks as yesterday 1
shall be forced to exclude them ”
Mrs. Prank, the mother, and the
prisoner’s wife were both in court
while the argument was in progress.
Girl Says She Saw
Frank on Street at 1:10.
Miss Helen K. Curran was the first
witness called. She is a very attrac
tive looking girl, about 16 years old.
Q. Where do you live?—A. 160 Ash
by street.
Q. After you took a course In
shorthand, did you go to the National
Pencil Company and meet Mr. Frank'’
—A. Yes.
Q. You were looking fora position?
—A. Yes.
Q. Did you get it?—A. No.
Q. Why?—A. He \ s to let my fa
ther know, but I never heard from
him.
Q. Where wer you working April
26?—A. At the Bennett Printing
House.
Q. What time did you get off that
day?—A. Twelve o’clock
Q. Where did you go?—A. Shop
ping.
Q. Did you ha> a.i appointment to
meet another girl?—A. Yes; I was to
meet Velma Tur t 1:15 o’clock at
the corner of Alabama and Whitehall
streets.
Q. Where were you about 1:05
o’clock?—A. I came out of Kress’
store.
Q. Where did you go?—A. To Ja
cobs’ corner, Alabama and Whitehall.
Q. Did you see the defendant there?
—A. After I had been there about five
minutes I turned ar.und and saw him.
Q. What time would you say that
was?—A. About 1:10 o’clock.
O. What was he doing ?r—A. Stan 3-
lng on vl:.'' corner.
Hooper tooa ‘he witness on cross-
examination.
Q. Your father work'- i Montag’s
doesn’t he?-*A. Yes.
Q. You told your father about bon
ing Fran.-, didn't you?—A. Yes.
Q. In that large crowd, Saturday,
a holiday, you saw’ Mr. Frank?—A
It was not very crowded at that tinu*.
Q. Didn’t the parade come along
then?—A. Not until about 3 o’clock.
Q. How long did you stand backed
up against the wal 1 the.-?—A. From
five minutes after 1 until twenty aft
er 1.
q. You saw hundreds of people
you recognized?—A. I saw a number.
Q. Did you speak to Mr. Frank?—
A. No.
Q. How far were you from him?—
A. About as far as I am now’.
Q. What time did your friend
come?—A. About 1:20 o’clock.
Q. Could you see Davis & Free
man’s clock from where you were
backed un against the wall?—A. I
stepped out to look at it.
Q. Who else dtd you see while
there?—A. My mother, father and
brother.
Q. You went from Kress’ at 1
o’clock?—A. Yes.
Q. Didn’t you know that Kress’
closed at 12 o’clock that day?—A. It
did not; I was in there.
Q. How do you know so well w’hat
time it was?—A. I had an engage
ment at 1:15 o’clock and I was watch
ing the clock.
Q. What time was It when you
looked at the clock?—A. It was 1:05.
Can’t Recall Anyone
Else She Saw That Day.
Q. All the stores closed at 1 o'clock
and great crowds were in the streets,
r—A. I don't know about any store but
Kress*. I was In there.
Q. Give me the name of anyone
you recognized on your way from
Kress' to the corner?—A. I don’t re
member seeing anyone I recognized.
The witness wan excused and Mrs.
M. G. Michael: of Athens, Ga., was
put on the stand.
Q. Do ’you recall where you were
last Memorial Day?—A. Atlanta.
Q. Where were you at 2 o’clock?—
A. Mrs. Wolfshelmer’s, my sister. No.
387 Washington street.
Q. Are you related to Frank?—A.
His wife Is my niece.
Q. Where did you see Frank that
day?—A. At about 2 o'clock he was
coming up Washington street.
Q. Where wore you at that time?—
A, On the porch of my sister's resi
dence.
Q. Did he say anything?—A. Yes;
he came up to the porch steps and
talked to me.
Q. How do you know' it was 2
o'clock?—A. My son had Just left to
go to the matinee.
Q. Did Frank appear nervous?—A.
No.
Q. Did you see him again?—A.
Sunday morning at his home.
Q. Did you notice anything out of
the ordinary?—A. No.
Hooper took the witness on cross-
examination.
Q. Where was he going when you
saw him?—A. Toward Glenn and
Washington streets.
Q. You are sure it was 2 o'clock?—
A. Yes.
Q. Was it the custom for Frank tp
come in?—A. No; but this was the
first time he had seen me since I ar-
rived in Atlanta.
The wkness was excused, and her
Ison. Jeiome Michael, was called. Ar
nold questioned him.
Q. What time did you see Frank
Memorial Day?—A. Between 5 min
utes to 2 and 2 o’clock at Mrs. Wolf-
sheimer’s. 1 had an engagement with
a young woman and was looking at
my watch.
The witnes testified to the same
fact as nis mother. Attorney Hooper
took him on the cross-examination
and asked him if he were sure of the
time, and upon receiving an affirma
tive answer he excused the witness.
Mrs. Albert P. Levy, No. 65 East
Georgia avenue, w’as called. Arnold
questioned her.
Q. Do you live opposite Mr. Frank?
-A. Yes.
O Do you recall seeing him Me
morial Day?—A. Yes.
q \\ . >re?—A. I was looking for
my son who was coming to take me
to the Grand Opera matinee, and I
saw Mr. Frank get off the car at
•about 1:30 o’clock.
j Looking For Son
On That'Car.
I Q. You expected your son on that
car?—A. Yes,
Hooper took the witness.
Q. You never heard of this crime
until Tuesday?—A. Yes, I had heard
of it.
Q. You did not think of it until sev
eral days afterward, did you?—A. No.
Q. Well, what made you recall see
ing Frank? Was there anything un
usual about his appearance?—A. No;
I just know because I was constantly
looking at the r ok and at the cars.
Q- When did you first speak of
this?—A. When this trouble first
came up.
Q. Was anything said then of the
time Frank was supposed to have
committed this murder?—A. I don’t
think so.
Arnold took the witness.
Q. *ou said you reached your sick
friend’s home at 2:15 o’clock. Who
was she?—A. Mrs. J. A. Hirsch.
The witness was excused, and Mrs
Hennie Wolfsheimer, No. 387 Wash
ington street, w’as called. Arnold
questioned her.
Q. Did you see Mr. Leo M. Frank
Saturday, April 26?—A. Yes. about 2
o’clock. He came up to the steps of
my house.
Q. You talked to him?—A. Yes; I
don t think I was on the porch when
he came up, but I came out immedi
ately after he arrived.
Q. Did he appear nervous?—A. No.
Q. Did you notice any scratches on
him?—A. No.
Hooper took the witness on cross-
examination.
Q. What was it that made you re
member the time so positively?—A.
My husband was »ate for dinner.
The witness was excused, and Ju
lian Loeb, of No. 380 Washington
street, was called. Arnold questioned
him.
Q. Is your residence next door to
j the Wolfsheimer residence?—A. It is
across the street.
Q. Are you related to Mr. Frank?—
A. No; I am a cousin of his wife’s.
Q. Do you remember seeing L*o
Frank April 26?—A. Yes; I saw him
at the Wolfsheimer residence.
Q. You were there?—A. Yes.
Q. What time was it?—A. Between
1:50 and 2 o’clock.
Q. Do you remember anything he
said?—A. He invited Mr. Michael and
others to attend a meeting of the of
ficers of tne B’nal Brith Society the
following aunday morning.
Hoopc-r took the witness.
Q. There was no special reason for
you to remember tiie time, was there?
A. Yes; 1 judged by the time - left
the office where I am employed.
Says Conley Told Her
He Was Drunk.
The witness was excused, and Miss
Rebecca Carson, an employee of the
National Pencil Company, was th<
next witness. She smiled and bowed
to Frank as she took her seat. Ar
nold questioned h«r.
The witness said she was foreladv
of the assorttaent department on the
fourth floor and had been there three
years.
Q. How noticeable is that elevator
to you on the fourth floor when it is
running?—A. It is quite noiiceable.
There is a noticeable vibration and s
knocking noise.
Q. Did you see Mr. Frank at any
time or place on Saturday?—A.
between 2:20 and 2:25 o’clock in front
of Rich Brothers.
Q. What was he doing?—A. Look
ing at the parade.
Q. Did you speak to him?—A. * did
Q. Did you see him any more that
day?—A. Yes; about ten minutes to
3 I went down to Brown & Allen’s
corner just across the street 7 and sa v
him going into Jacobs’.
Q Did you see Jim Conley Monday
morning?—A. I did.
Q. Did you say anything to him?—
A. I asked him where he was on Sat
urday. He said: “Miss Rebecca, I
was so drunk I didn’t know where I
was.”
Q. Did you overhear any conversa
tion between Jim Conley and your
mother?—A. Yes. On Thursday h“
was sweeping. Mother said to him;
“Well, Jim, I see they haven’t got you
yet.” He said: “No Missis. I ain’t
done nothing.” She said: “No, and
Mr. Frank hast, t either, but they took
him.” Conley said: “No, Missis, he s
as innocent as you is and you is as
innocent as a angel.” Mother -j-
marked: "Well, when they find out
who murdered that little girl, it wifi
be that negro Mrs. White saw sitting
on the box back of the stairs.” Jim
dropped his broom and looked ve-v
scared. J
Q. How long was this before Jim
was arrested?—A. About an hour.
Q. What day was that?—A. Thurs
day.
Hooper took the witness on cros j-
examination.
Q. That was Monday when Jim
Conley made the remark to you about
him having been too drunk Saturday
to know anything?—A. Yes.
Q. What time?—A. About 8 o’clock.
Q. When did you tell of that before?
—A. To mother righft away.
Q. You '.11 woi 1. on the fourth
floor?—A. Yes.
Q. That elevator makes very little
noise?—A. It makes some noise.
Q. Could you hear it with those
doors closed?—A. You might not.
Q. Where was that clock you saw
the first time Memorial Day?—A. In
front of the Jewelry store.
Q. The other clock?—A. Above
Kress’ store.
Q. You looked at the clock both
times before you saw him? Are you
certain of the time?—A. Yes.
Q. The first time you noticed him.
it was between 2:20 and 2:25 o’clock.
How did you get that so certain?—A.
My sister just asked me the time and
it was only a short time later wnen I
saw him.
Salary Not Raised
Since Last January.
Q. How long have you been fore
lady?—A. About three years.
Q. Would you mind telling your sal
ary?—A. $10 a week.
Q. Did you ever stay there Satur
day afternoon?—A. No.
Q. Did you know Mr. Frank very
well?—A. Only in a business way.
Q. When tvas your salary raise!
last?—A. January.
Q. Do you know whether Conley
stayed there Saturday afternoon, or
not?—A. I heard he stayed there and
I reckon he did.
Q. Conley told you right away h©
was so drunk he didn’t remember
where he was?—A. He certainly did.
Q. He came right out with it?—A.
Yes.
Q. Did it make any impression on
you?—A. Y^s.
Q. Did you tell anyone else?—A.
Mr. Darley and Mr. Rosser.
Q. Why did you tell Mr. Rosser'?—
A. He came to the factory' and sent
for some of the girls to tell them
what we thought of Conley.
Q. You don’t know what time Frank
came out of Jacobs’ drug store?—A.
No.
Q. Did you see anything like blood
in the factory?—A. No.
Q. You didn’t go back there?—A..’
Not that day. *
Q. When did you go back there?—
A. Tuesday; I went back there with
Mr. Frank.
Q. You didn’t see the blood?—A.
No, I wasn’t looking for any.
Saw Frank on
Way Down Town.
The witness was excused and Crf
hen Loeb, No. 445 Washington street
a brother of Julian Loeb, was called.
Arnold questioned him.
Q. Do you remember seeing Leo
Frank on Memorial Day, April 26?—
A. Yes, on the trolley car comin .o
town.
Q. Where did you get on the car?
—A. At Georgia avenue.
Q. Where did he get on?—A. At
Glenn street.
Q. Did you ^e him get on?—A. Ysz t
we sat together.
Q. Where did you go?—A. The car
was blockaded at Hunter street by
the crowds watching the p trade. We
got off.
Q. Where did he go?—A. Down
Hunter street.
Q. What time was that?—A. I
would say about 2:10 o’clock.
Hooper took the witness.
Q. Did you see anyone else that
morning?—A. I saw Arthur Harris
Continued on Page 4, Column 1.
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