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. 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. “■Syr ~ i!£WKES~GLASSf>> ABILITY AND RELIABILITY These are the first things you inquire into when you want your eyes examined and glasses fit ted; and these are ;he two fac tors mainly responsible for the public confidence in ns and our success as opticians. Our prices _ are very moderate, and our frames, mountings, lenses, etc., > are the very latest styles. We make the curved Torie lenses and the genuine Kryptoks (In visible bifocalsl. May we have the pleasure of serving you? A. K. HAWKES CO. OPTICIANS 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- ■' & if' A I1 /jf i J M / J j. i 4? *7 .. 1 4r, \'.! \ 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. $9.00 FIFTEEN DAY TICKETS. Wrightsville Beach. Saturday, August 16 Make reservations ear ly. Seaboard. , ALCOHOL 3^PER CENT j AVcgclablePrcparalinnlbrAs similaiic* the FoodnndRrguia I ing Utc S lomadis aiiJiiowels of Infants /Children Promotes D igesHon .Cheerful- nessand Rest.Contalnsneittia - Opiom.Morphine nor Mineral Ncrr Narcotic. The Kind You Have Always Bought Bears the Signature of jtmpc .rcidOrJmmmm. 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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