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THE ATLANTA GEORGIAN ANT) NE.WS.
[CONLEY’S STORY IE
RE-ENACTED BY DEFEN
SE TO DISPROVE T
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The diagram ahows how the defense re-enacted the disposition of Mary Phagan’s body as described by Jim Conley to prove I produced the negro’s story in detail—beginning in Frank’s office, going back to the metal room, to the elevator, into the base-
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- | ment, back to the office, hiding in the wai * "
wardrobe and the writing of t'TTe notes.
Continued From Page 1.
I was," she testified that Conley said
when she asked him on the Monday
after the crime If he had bqjpn in the
factory at the time the murder wan
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
And the murderer when they found
the negro that Mrs. Arthur White saw
at the 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 Fleischmans,
N. Y., a classmate of Prank’s at Cor
nell, testified that they knew the de
fendant well and that they knew hla
character to be very good.
Slg 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 testified, In refu
tation of Jim Conleys’ story about
watching »t 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-
enware 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
The Proper Thing
To Do
Whenever You
Want
A Good Cook
A Cozy Room
A First-Class
Stenographer
Bookkeeper
Salesman
or
Clerk
Is To Let
A
Georgian
“Want Ad”
Get
It For You.
They
Vre Easy to Writi
and
Easy to Pay For
Heveral timeej 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.
"Don’t you know that Kress’ store
was closed all of Saturday afternoon.
April 26?”
"It wasn’t closed at the time I went
In there In the afternoon,” she replied.
The attorney also sought to show
that the crowds were so dense that
afternoon that she would not have
been likely to see Frank.
Miss Curran was the first of a long
string of alibi witnesses for Frank
Still others are to he called to present
to the Jury a record of <4he defend
ant’s every movement throughout the
day so far as It Is known.
Important Battle
Lost by Defense.
An Important battle wan 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
relating to Frank alleged acts of im
morality.
The defeat of Attorney Rosser came
immediately after Solicitor Dorsey
had failed in an attempt to have
Frank's mother and wife excluded
from the courtroom because of the
elder woman’s sensational outburst of
the afternoon before, when she dra
matically denounced the Solicitor for
hlg 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, Qa.,
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. 38ft 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
r
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 of 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.
But I must have protection and I
think they should be excluded when
we are subjected to outbreaks like
that yenterday.”
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^
was undertaking to get in evidence
in an illegal way. He could not get
it in in a legal way. He was appeal
ing to the crowd and to the feelings
of the Jury. Does you honor think
that good practice—honorable prac
tice—especially when a man is on trial
for his life?
Arnold Calls
Dorsey Overze&lous.
"My friend is zealous—he is a little
overzealous, I think, hut 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 w'as 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 wer« legal. I
asked only questions I can substan
tiate by reputable witnesses—some of
them high-class women, I regard
tnem.
"It’s a mistaken idea about me be
ing overzealous. I am trying to do
my duty. I w f ant 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 {ils 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 evident as lit*» before I put
these good women on the stand.”
Judge Roan ruled, after more ar-
Kuing:
"You are entirely right, Mr. Dor
sey, in saying that you are entitled t«
protection. Other women were put
out 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 or the court to state whether
these ladies should be allowed to re
main. I will say that If there are any
more such outbreaks as yesterday 1
shall be forced to exclude them.’’
Mrs. Frank, 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 for a position?
—A. Yes.
Q. Did you get it?—A. No.
Q. Why?—A. He v.as to let my fa
ther know, but I never heard from
him.
Q. W T here were 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 haA - an appointment to
meet another girl?—A. Yes; I was to
meet Velma Tun • 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 around and saw him.
Q. What time would you say that
w'as?—A. About 1:10 o’clock.
Q. What was he doing?—A. Stan 3-
ing on the corner.
Hooper took the witness on cross-
examination.
Q. Your father work** t Montag’s
doesn’t he?—A. Yes.
Q. You told your father about see
ing Franl:, 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 time.
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 wall thert?—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.
(j. 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 up against the wall?—A. I
stepped out to look at it.
Q. Who else did 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 what
time it was?—A. 1 had an engage
ment at 1:15 o’clock and I was watch
ing the clock.
Q. What time was it w’hen 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 w r ere In the streets.
—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’ io the corner?—A. I don’t re
member seeing anyone I recognized.
The witness w.w 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. Wolfsheimer’s, my sister, No.
387 Washington street.
Q. Are you related to Frank?—A.
His wife is*mv niece.
Q. Where did you see Frank that
day?—A. At about 2 o’clock he was
coming up Washington street.
Q. Where were you at that time?—
A. On the porch of my sister’s resi
dence.
Q. Did ha- 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 to
come in?—A. No; but ini^ was the
first time he had se-.n me since I ar
rived in Atlanta.
The witness was excused, and her
son. Jerome 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. I had an engagement with
a young woman and was looking at
my watch.
The witnes testified to the same
fact as his mother. Attorney Hooper
took him on the cross-examination
and asked him If he were sure of the
time, and upon receiving an afflrma
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.
Q. Do you recall seeing him Me
morial Day?—A. Yes.
Q. Where?—A. I was looking for
my son w'ho was coming to take me
to the Grand Opera matinee, and
saw- Mr. Frank get off the car at
about 1:30 o’clock.
Looking For Son
On That Car.
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 afterw’ard, 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 c. jck 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. You said you reached your sick
friend’s home at 2:15 o’clock. Who
was she?—A. Mrs. J. A. Hirsch.
The witness w-as excused, and Mrs
Hennie Wolfsheimer, No. 387 Wash
ington street, was called. Arnold
questioned her.
Q. Did you see Mr. Leo M. Frank
Saturday, April 26?—A. Yes. about 2
o’clock. He came updo the step* of
my house.
Q. You talked to him?—A. Yes; I
don’t think I was on the porch w’hen
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. Vi hat 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
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 w’as 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 the B’nai Brith Society the
following Sunday morning.
Hooper took the witness.
Q. There w'as no special reason for
you to remember the time, was there?
A. Yes; I judged by the time I 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 the
next witness. She smiled and bowed
to Frank as she took her seat. Ar
nold questioned her.
The witness said she was forelady
of the assortment 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 noticeable.
There is a noticeable vibration and a
knocking noise.
Q. Did you see Mr. Frank at any
time or place on Saturday?—A. Yes;
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 and saw
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 aiv conversa
tion between Jim Conley and your
mother?—A. Yes. On Thursday he
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 hasr. t either, but they took
him." Conley said: "No, Missis, he’s
as innocent as you is and you is as
innocent as an angel.” Mother re
marked: “Well, when they find out
who murdered that little girl, it wl'l
be that negro Mrs. White saw sitting
on the box back of the stairs.” Jim
dropped his broom and looked very
scared.
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 crost-
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 right away.
Q. You ’.ill wolk 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 sifter just asked me the time and
it was only a short time later when 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 wad' your salary raised
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 he
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
-A.
you?—A. Yes.
Q. Did you tell anyone else?-
Mr. Dariey 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?—.1.
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 Co
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. Yea,
we sat together.
Q. Where did you go?—A. The car
was blockaded at Hunter street by
the crowds watching the parade. 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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