Newspaper Page Text
.
THE ATLANTA GEORGIAN AND NEWS.
OF SEEING HIM ON FATAL
IS HE LEFT
Mother of Accused
Who Denounced the
Solicitor in Court
Vv
that the?** people have made frequent
demands for their money and have
not gotten it. I want to show the bias
on the part of this witness.
Judge Roan—You ran ask It.
Q. Have the Pinkertons been paid?
-A. No.
Q. Have they asked for the money?
-A. No, but they sent two or three
bills.
Q. You haven’t paid them, have
you?—A. No.
Q. You got a report from the Pin
kertons dally, didn’t you?—A. Prac
tically.
Q. Now, when did you hea about
the finding of the stick?—A. When I
Continued From Page. 2.
and Tke Liebman pass In an automo
bile near the Capitol.
Q. You were Hitting on the right
side of the car?—A. Yes.
Q. Next to the window?—A. No,
Mr. Frank was next to the window.
<j. Did you sec Mr. Hinchey?—A.
No, but 1 recognized his car.
Q. Do you know the number of his
car?—A. No, but 1 recognized it by
its dark color.
Q How many dark-colored cars are
there in the city?—A. Well, the street
car struck this one and impressed It
upon me. I found out later
Hooper—Wait a minute. I am not
asking what you found out later.
Arnold—Mr. Loeb, you found out
later that It was Mr. Hinchey’s car,
did you not?—A. I did.
Hooper—I object.
Judge Roan sustained the objection.
The witness was excused and Hen
ry Smith, another employee of tin-
pencil factory was called. Arnold
questioned him.
Q. What department are you in?—
A. Metal room.
Q. Do you know a man named Bar
rett?—A. Yes.
Q. Did he ever say anything about
getting a reward if Frank was con
victed?—A. Yes.
Q. What did he say about It?—A
He # t**aid he would get the first hook
of about $4,300 because he found th<
blod and hair.
Q Anything else?—A. Well, when
he passed me he would play like 1\.
was counting money.
Hooper took the witness on cro.'-s-
examinatlon.
Q. Has he ever spent any of that
imaginary money?—A. No.
Th witness was excused and Charles
Ivoe was called, but did not answer
Harry Lewis, of No. 156 Underhill
avenue, Brooklyn, todk the stand.
Arnold questioned him.
Q. What 1m your business?—A.
Praetieing attorney.
Q Were you ever in the District
Attorney’s office?—A. I was his as
sistant.
Q. Do you know Leo Frank?—A
Yes. I knew him when he lived next
door to me.
Q. Do you know his general char
acter" -A. Yes.
<). Is It good >r bad?—A. Very good.
The witness was excused without
cr<« "-examination.
Herbert Lasher, of Fleisohman’s.
New York, was called. Arnold ques
tioned him.
Q. What Is your business?—A. I
ni 'iia my father’s establishment.
Q. Do you know' Leo M. Frank?—
A. Yes, I was with him at Cornell In
1003-4-5.
(). Did you live with him?—A. Yes.
Q. Do you know his general ehar-
acter, and is it good or bad?—A. Very
good.
Tlie witness was excused.
Tells of Man
Bleeding on Floor.
Charley l,ee, No. 109 Washington
street, was the next witness.
Arnold: "What is your business?”
A. 1 am machinist at the National
Pencil Factory.
Q. Do you remember an accident
to a fellow named Duffy In October
1912? A. Yes.
Q. How was he hurt?—A. His fin
ger was badly cut and bled freely.
The blood spurted out.
Q. Where was he taken?—A. To
Quinn’s office.
Q Did that take him by the water
cooler near the ladles' dressing room?
—A. Yes.
Q. Did he bleed there?—A. Yes.
Dorsey took t'no witness on cross-
examination.
Q. How much do you get?—A.
Thirty-tw’o and one-half cents an
hour.
Q. How long have you been getting
that?—A. Two weeks.
Q. Who gave you the raise?—A. Mr.
Da rlev.
Q. How large a raise?—A. Two and
one-half cents.
Q. Have you talked about It to any
one" A. No.
Q. Not to the lawyers in the case?
—A. No.
Q. They didn’t know what you were
gn'ng to swear when you went on
the stand?—A. No.
Q. How did they know about it?
—A. I made a statement at the time.
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14 WHITEHALL
O
Q. When did you see it last?—A. |
About two months ago.
Q. Who had It? A. Mr. »chiff.
Q. Did he say anything?—A. He
just wanted to know if I remem
ber.-d it.
Q. Where did Duffy drop blood?—
A. All along here (pointing to th«
diagram). It was Just streaming down.
Q Well, how large was the largest
spot?-—A. I couldn’t say. It was Just
ai! over the floor.
Q Did he stop anywhere?—A. Right
there by the water cooler.
Q. How far from it?—A. About 3 or
4 feet.
Q. How long did he stop there?—A.
About 8 or 10 minutes.
Saw Blood
Drops on Floor.
Q. He just stood there with the
blood dripping?—A. Yes.
Q. You were the only man who saw
the accident?—A. Yes.
Q. You are the only one who saw
him drop the blood there?—A. No;
somebody else saw him.
Q. Who is your father?—A. Henry
Lee.
Q. Where did this man stop and
spill the blood? A. In the office. No
where else.
Q. Did you see the spot where the
blood was found?— A. I saw the spot
after it was chipped up.
Q. Did this man Duffy stand at the
same spot and drop blond from his
fingers? A. It might have been the
same spot.
Q. Wasn’t it the same spot?—A. It
might have been a step away.
The witness was excused and Big
Montag, an officer of the National
Fencil Company, was called to the
stand. Rosser questioned him.
Q. How long have you lived in At
lanta? A. About 25 years.
Q. What was your connection with
the pencil factory or. April 26?—A. I
was treasurer.
Q. Did the mail come to your of- j
flee?— A. Yes.
Q. Did Frank ever come to your
office? A. Yes.
Q. Did he come there Saturday, ,
April 26?- A. Yes, about 10 o’clock.
Q. How long did he stay?—A. About
an hour.
Q. What was your habit prior to j
twelve months ago about visiting the |
pencil factory? A. I went there ev
ery Saturday afternoon.
Q What did you And Frank doing
on those Saturdays?—A. Working on
the financial sheet.
Plan to Show Conley
Lied About Watching.
Q. Mr. Montag. who occupied that
first floor up to January 1?—A. The
(Mark Woodenware Company.
Q. What did tiie pencil company
have to do with It?—A. Nothing, ex
cept as an entrance and to use the
elevator.
Q Where were the offices of the
woodenware company?—A. In the
front of the building.
The di fens* regards this evidence
as \ in lv important to show that
Conley red about watching for Frank
at t\o front door. They showed oy
Montag that tin* pencil company had
nothing to do with this floor except
as an entrance
The model of the factory was again
brought in to demonstrate the wit
ness' statement.
Rosser- Let's take Sunday morning.
Have you a telephone at your home?
—A. Yes, ahou* 2 ) feet from my bed.
Q. Were you aroused by the tele
phone Sunday morning?—A. No. but
my wife was. and she told me some
one wanted to speak to me.
Q. What did the voice say?—A.
A man wanted to know if I could
Identify a girl who had been killed i ■*
the factory I referred him to Mr.
Darley, who then and now has charg.
of the help.
Q. Did Mr. Frank come to your
home?—A. Yes.
Q Did he tell you of what had hap
pened and that he had been routed
out of bed without any breakfast?
Dorsey—I object to that.
judge Roan—You can bring out
the fact that the witness talked with
him, hut not what he said.
A. Yes. he told me about him.
q Was he nervous?—A. No more
nervous than I was when he explained
to me what had happened.
Dorsey-I must object again. That
is irrelevant.
The objection was sustained.
Q. AY as Mr. Frank nervous?—A.
Yes; naturally he was nervous in tell
ing of this terrible crime.
q Were you nervous?—A. I was.
Q. How did your wife take the
news?—A. She was very much agitat
ed and cried.
Q Did you have a good opportu
nity for observing Frank? Where
was he when he told you of the trag
edy?— A. He was in my sitting room
and I had a good opportunity of ob
serving him.
Q Were there any scratches on his
face or spots on his clothes?—A.
There were not.
Q. Did you go to the factory?—A. 1
did.
Q. Did you make an examination of
the factory?—A. I made a general
examination.
Q Were there any accidents when
you used the building the pencil fac
tory is in?—A. Yes; a great many.
Q. Where were the Injured people
taken" A. To the front office.
Q They would have to go down
those stairs, wouldn’t they?—A. Yes.
Q When did you hear of Frank
being taken to headquarters by the
i oliceA. Monday.
Calls Frank’s
Acquaintance Limited.
Q You have known Frank for a
good while. Was his acquaintance
large or limited?—A. I would call It
limited.
Q Knowing he had a limited ac-
I quaintance. what did you do?—A. I
called Mr. Haas, my personal friend.
Q What did he do?—A. He went
to the police station to see Frank.
Mr Haas came back and said he
couldn’t see Frank.
Dorsey I object. Are you going to
t ? !t go in?
Judge Roan Yes. it explains the
■onduct "f this man.
Q. Well, what did you do then?—A.
Mr Haas telephoned Mr. Rosser.
Q. What time was that?—A. 11 or
•2 o’clock.
What time did he get there?—A.
About 40 minutes later.
Judge Ro&n at this point read to
Mr Dorsey the rule that made this
evic' -nee admissible.
Q. You dhn’t know what happened
.... *:vs 4'. N
Q. Hyw Aiib before Frank left was
Mrs. Rea
Frank, who was
moved to
demonstration
by attacks on
her son’s
„ character.
On account of a little incident. He
came in while we were playing to
call our attention to 4 funny story
he was reading.
Witnesses Remember
Night’s Conversation.
The witness was excused and 1.
.Strauss wan called.
Attorney Arnold—Were you at the
home of Mr. Frank on Memorial Day
evening at a game of cards?—A. 1
was there. I arrived thereabout 10:25
or 10:30 o'clock.
Q. Who let you in?—A. Mr. Frank.
The witness corroborated the state
ment.^ of the other members of the
party.
Hooper took him on cross-egaml-
nation.
Q. Did you get there before the
event of Mr, Frank’s trying to break
up that little game of poker with a
baseball story?—A. I did not bear
anything about a baseball story.
Q. How long did you sit in the
game?—A. About an hour.
Q. How did you come out?—A. I
don’t remember.
The witness was excused and Mrs.
Kmil Selig was recalled to the stand.
Attorney Arnolds—On the Sunday
following Memorial Day. Mrs. Selig.
di<i you your hu. band, Mrs. Frank
or anybody say that Frank was
caught at his office with a girl, or
anything like it?- A. Absolutely no.
Q. On Tuesday, did you hear Mrs.
Ersenbacb- 'tell Mrs. Frank it was
mighty bad?—A. No.
Q. On Sunday did Mrs. Frank say
to you that Mr. Frank was drunk* and
did not rest well and made her sleep
on the floor?—A. No.
Dorsey'took the witness on cross-
j examina ion.
* Q. HoAr long after Frank was ar-
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I1
/jf i
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/ J j. i 4?
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A. Detec-
flnanclal
(
it after I got there?—A. You got there
about 40 or 50 minutes after, Mr. Ros
ser.
Q. Who was with him?-
tive Black anti Mr. Haas.
Q. You receive those
sheets, don't you?- A. Yes.
Q What time did you get it that
Monday?- A. About 2 o’clock.
Q. Was that financial sheet brought
you before or after you got that mes
sage about detectives?—A. After.
Q. Who called you?—A. Mr. Schiff.
He wanted to know whether I would
sanction the employment of detec
tives and I told him certainly.
Q. Did you give any instructions?
A. Yes, I told him to give the authori
ties every assistance.
Q. Did you know that Miss Hall,
tin* stenographer, anticipated the
raise in her salary before the mur
der?- -A. 1 don't employ the stenog
rapher and would not have known.
Frank's Friends Not
Around Police Station.
Dorsey look the witness on cross-
examination.
Q. Mr. Montag, you said Frank had
;i limited acquaintance in the city?
—A. Yes.
Q. In this patent litigation with
the American Pencil Company he
came in contact with a number of
attorneys, did he not?—A. Yes.
Q. He was president of the B’nal
Brith Society and came in contact
with lots of people in that organiza
tion. did he not?—A. Yes he came in
contact with the members, 1 suppose.
I never went to the meetings.
Q. How many members are therfe?
—•A.. Four or five hundred.
Q. What did you mean by telling
the jury be had a limited acquaint
ance?—A. I meant the people he knew
would not be around the police sta
tion.
Q. Did Frank ask for a lawyer?—
A No.
Q. Did he ask for the Pinkertons?
—A. I only know what Mr. SchlfT
said.
Q. Did he explain to you why he
was nervous?—A. Yes. he said they
took him into a dark room and sud
denly turned a light on the girl's
body.
Q. Did he say he saw the body?—
\. He described it.
Q. What did he say?—A. He said
her face was scratched, her eye bruis
ed. and her tongue out. I don’t re
member anything else.
Q. You can’t remember all of it?—
A I said I couldn’t remember, all.
Now do not twist what I say.
Arnold—He will If you don’t watch j
him.
Dorsey—I submit that the remark :
of Attorney Arnold is improper and I
should be stricken from the record.
It is untrue.
Judge Roan—I sustain you.
Charges Dorsey With
Heckling Witnesses.
Vrnol.l It is true and proper and 1
call for the records to sustain me. The
whole trouble is that the Solicitor
quarrels with the witnesses instead of
cross-examining them.
Dorsey -All I w ant is for your hon
or to rule him out of order
Judge Roan—I have, Mr. Dorsey,
go on. Let's not be interrupted by
quarreling.
Q Did you mention to him the fact
that ho was nervous?—A. No.
Q. Did he say anything about be
ing asked to go to police headquar
ters?—A. No.
Q Who made the trade about pay
ing the attorney?—A. I don’t know.
Q You didn’t agree to pay Mr. Ros
ser’s fee?— A. No.
Q No part of it?—A. No.
Q. All you agreed to pay was the
Pinkertons?—A. Yes.
O. Have they been paid?
Rosser—-I object 4o that, your honor.
, Dorsey —Your honor, 1 want to snow
read it in the report.
Read First of
Stick Being Found.
Q. Now, did you tell Mr. Pierce, of
the Pinkertons, not to report the
finding of the stick and envelope to
the police?—A. I did not.
Q. When was there any accident in
the National Pencil Factory?—A.
There was one big accident about a
year ago. A man by the name of
Gilbert got his head burst.
Q. Do you remember any other?—
A. Not definitely.
Q. Why do you remember this one?
—A. It was a very bad accident.
Q. You say Frank brought you the
financial sheet Monday afternoon
after the murder?—A. He did.
Q. How long after this tragedy was
it that the insurance company made
you clean i\p that factory?—A. Some
time within the week.
Q. When did you pay for it?—A. I
don’t remember. The records in my
office will* show that.
Q. You were in the factory on Tune
14 with a number of detectives, were
you not?—A. I don’t remember the
day.
Q. Did you telephone the residence
of W. D. Brown, a livery stable ma.i,
on the afternom of April 26 that you
wanted a horse and buggy?—At I did
not.
At this time court adjourned until
2 o’clock.
Frank Was Composed
On Night of Slaying.
Mrs. M. Marcus, No. 483 Washing
ton street, was the first witness
called at the opening of the afternoon
session. Arnold did the questioning
Q. Did you see the defendant, Leo
M. Frank, on Memorial Day?—A. Yes.
I saw him in the evening between 8:30
and 9 o’clock.
Q. Where did you see him?—tA. I
went to his home, the Selig residence,
to play cards, and he was there.
Q. Where did you play cards?-*-A.
In the dining room.
Q. Where was he?—A. In the fit
ting room, reading.
Q. Did he return to the dining room
before you left?—A. Yes. he went to
bed something after 10 o’clock.
Q. What time did yoi^ leave?—A.
About 12 o’clock.
Attorney Hooper took the witness
on cross-examination.
Q. Were you accustomed to go to
the Frank home to play cards?—A.
Yes, I have been there frequently.
Q. Did you notice Frank particu
larly on that occasion?—A. No, bJl
he did not appear at all unnatural.
Mrs. Marcus was excused and M J
Goldstein, of No. 285 Washington
street, took the stand. Arnold ques
tinned her.
Q. Were you at Mr. Frank’s home
the eevnlng of last Memorial Day at
8 o'clock?—A. Yea
Q. Who was there?—A. Mrs. M.
Marcus. Mrs Selig and Mrs. Leo
Frank were there when I reached the
house.
Q Was Mr. Frank there?—A. Yes.
Q. Did you notice anything unusual,
any nervousness or the like, about
him?—A. No.
Q. What time did he retire?—A.
About 11 o’clock.
Hooper took the witness on cross-
examination.
Q. You say there was nothing un
usual about Frank to attract your
ntion?—A. Ne.
i^. How do you recttij so well?—A.
rested was it befo- his wife went to
see him?—A. Sometime (luring that
week, I don’t remember exactly when,
and I. don’t know whether she got to
see him or not.
Q. Was Albert McKnight there that
Saturday morning. April 26?—A. 1
did not see him.
Q. Did he ever Come there?—A. I
have seen him there two or three
time.’
Q. How long has his wife, Minola,
been working for you?—A. About six
months.
Servant's Affidavit
Subject of Inquiry.
. Q. What time did Frank get break
fast Sunday morning after the mur
der?—A. About 11 o’clock when he
came back from down town.
Q. It is true that this murder was
not discussed at the breakfast table?
A. I did not go to breakfast with Mr.
and Mrs. Frank.
Q. You did not hear him mention
the murder to anyone, then?—A. No.
Q. What time was it Mrs. Frank
went to see her husband, after he
was arrested?—A. 1 don’t know. I
think it was Thursday. I am not
sure.
Mrs. Selig again denied all parts
of the affidavit of Minola McKnight
that were read to her on cross-ex
amination.
Dorsey took the witness.
Q. Wasn’t it two weeks before Miss
Lucille went out to see her husband?
A. It was not.
Q. Is there any way you can fix
the date of her visit to the jail?—A.
No.
Q You won’t try to remember it?
A. No.
Q. Have you raised Minola’s pay
since that Saturday?—A. I have not.
Q. How much do you pay her?—
A. $3.50 a week.
Q. What about that week you gave
her $6?—A. She asked me to give her
a week’s pay in advance.
Q. What about the week you gave
her $5?—A. I guess that was one time
when I gave her $5 and told her to
give me the change the next morning
Q. Did she give you back the
change?—A. She gave me one dollar,
and said she had kept fifty cents. I
told her all right that I would de
duct it the folowing week.
Q. Do you remember Mrs. Frank
giving Minola a hat?—A. Yes.
Evidence on Frank’s
Home Life Excluded.
Q. Was that before or after the
murder?—A. I don’t remember.
Q. Won’t you try?—A. No.
Q. Was Mrs. Frank sick Tuesday
and Wednesday after the murder?—
A. No.
Q. She sat on the porch during
thoae days, didn’t she?—A. Yea, I
think she did.
Q. Wasn’t she sitting on the porch
reading Thursday when they came
after Minola?—A. Perhaps she was.
Q. And she hadn’t been to the jail
at all?—A. I think It was Thursday
that she went.
Arnold took the witness on redirect
examination.
Q. Has the married life of Mr. an 1
Mrs. Frank been happy?—A. Exceed
ingly happy.
Dorsey: "Your honor, I object to
that as wholly irrelevant.”
Rosser: "It is Just about as irrele
vant as those questions he asked
about her visits to the jail. If I mar
ried a virago and she never went to
see me, what would It indicate about
my guilt? On the other hand, if my
wife loved me truly, and w’ith the
manhood that every man ought to
possess I tried to keep her away from
seeing me in jail, what would that
vhow? Where Is our common sense?
To what limits of suspicion are we
going? (Aside)): P>y George, 1 am go.
ing to keep my feet on the ground,
at least.” .
Dorsey: "Your honor, these are
very important ci 'cumstances. I
want to go further and show that
Frank sent for her.”
Judge Roan: "I rule it all out—
her visits and their married life.”
Witness Tells When
Frank Left Factory.
Mrs. Selig was then excused and
Harry Denham was called. Arnold
questioned him.
Q. Were you at the pencil factory
Saturday. April 26?-^. Yes.
Q. Wha* were you doing?—\-
Working on the machinery.
Q. Who was there when you first
got there?—A. Mr. Darley.
Q. \fhat were you doing between
12 and 1 o'clock?—A. Working on
a machine on the fourth floor.
Q. Were you makin- any noise?—
A. Yes. we were hammering
Q. Did anybody come up that day?
-A. Yes, May Barrett came in about
11:16. .
Q. How long did shd stay up there?
— A. About three-quarters of an hour.
Q. What did she do then?—A. Sb»
asked me for some haggling.
Q. Who else cam up?—A. Emma
Freeman and Corinthia Hall.
Q. How long did they stay?—A.
Ten or fifteen minutes.
Q. Who next?—2 Arthur White's
w.fei
Q. Did she come up to see hei hus
band?—A. Yes.
Q. Did she come u aga’n?—A. 3h ■
sent Miss Hall up for White, and
he went down. •
Q. Who came next?—A. Mr
Fra *k
Q. Was Mrs. White up there then?
—A. Yes.
Q. What did he say?—A. He said
that he was going to dinner, and if
Mrs. White wanted to eo ou she had
better go thei.. as he was going to
lock the door.
Defendant Was Calm
Saturday Afternoon.
Q. What time was it?—A. About 1
o’clock, or a little before.
Q. Did you hear that elevator run
ning - ?—A. No.
Q. You could have heard it?—A.
Yes.
Q. Were the wheels of the elevator
right there on the fourth floor?—A.
Y’es.
Q. Doc j the building vibrate when
the elevator runs?—A. Yes.
Q. State what view, if any, you had
of the wheels on the fourth floor?—
A. I could see them all right.
Q. Were the side windows open or
shut?—A. Shut.
Q. What time did you leave?—A.
Ten minutes after 3 o’clock.
Q. Who did you see?—A. I saw Mr.
Continued On Page 5, Column 1.
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Arrive Chicago
8.30 a. m.
5.00 p. m.
12.20 p. m.
8.15 p. m.
9 00 p. m.
7.10 a. m.
Parlor cars, cafe dining cars, electric-lighted sleeping cars,
day coaches; splendid road-bed and best of service, assure
all the comforts and conveniences of modem travel.
Trains from the South
make good connections in Cincinnati in same station
with these trains.
Tickets, reservations, time of trains and further information
glaHly furnished by applying to
Everything 0. K.
With your appetite—your
digestive organs—your
liver—your bowels.
If not, you should ^ -
try a short 1 ^
course
w v .<*
ft
Tt
helps Nature
overcome such ills
as Flatulency, Indiges-
S tion, Constipation. Bilious
ness, Cramps and Malarial
Fever. Get a bottle to-day
REPORT OF THE CONDITION OF
Tlie Fourtii National Bank
OF ATLANTA
At the close of business August 9tb, 1913. Issued on call of the
. Comptroller of the Currency^.
ASSETS
Loans and Discounts $5,116,588.48
Overdrafts 24,297.64
U. S. Bonds and Premium.. . 715,387.50
Other Bonds to Secure U. S.
Deposits 43.400.00
Stocks and Bonds 76,506.46
Fourth National Bank Bldg. 625,000.00
Cash—
In Vault $511,718.54
Due from
Banks 675,305.67
Due from
U. S. Treas.. 42,000.00 1,229,024.21
$7,830,204.29
• LIABILITIES
Capital Stock $ 600,000.00
Surplus and Undivided
Profits 924,062.20
Circulation 600,000.00
Bills Payable 550,000.00
Deposits 5,156,142.09
$7,830,204.29
An Active Designated Depository of the United States, State of Georgia, County of Ful-
. ton, and of the City of Atlanta.
JAMES W. ENGLISH, President.
JOHN K. OTTLEY. Vice President
CHARLES I. RYAN, Cashier.
OFFICERS:
WM, T. PERKERSON, Asst. Cash.
STEWART M’GINTY, Asst. Cash.
F. M. BERRY, Asst. Cash.
H. 3. ROGERS, Asst. Cash.
We invite tbe business of individuals, firms and corporations
desiring good bank service.
FOURTH NATIONAL BANK