Newspaper Page Text
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i
*
F. '
THE ATT-A NT A GEORGIAN AND NEWS.
AS HE LEFT
Continued From Page. 2.
and Tke* Lifbmnn pass in an automo
bile near the Capitol.
Q. You were sitting on the right
aide of the car?—A. Yes.
Q. Next to the window?—A. No;
Mr. Frank was next to the window.
Q. Did you see Mr. Mlnchey?—A.
No. but I recognized his car.
Q. Do you know the number of his
car?—A. No. but I recognized it b>
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
Huoper—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 tlit
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
victod? A. Yes.
Q. What did he say about it?—A.
He said lie would get the first hook
of about $4,300 because he found the
blod and hair.
Q. Anything else?—A. Well, wluo
he passed me he would play like be
was counting money.
Hooper took the witness on ero.su-
examinat Ion.
Q. Has he over spent any of ili.it
imaginary money?—A. No.
Th witness was excused and Charles
Dee was called, but did not answer.
Harry Lewis, of No. 156 Underbill
avenue, Brooklyn, took the stand.
Arnold questioned him,
Q. What 1m your business?—A.
Practicing attorney.
Q. Were you ever in' the District
Attorney’s office?—A. I was ills as
sistant.
Q. Do you know Leo Flank?—A.
Yes. 1 knew him when he lived next
door to me.
Q. Do you know his general char
acter?—A Yes.
Q. Is it good nr bad?—A. Very good.
The witness was excused without
crosH-examination.
Herbert Lasher, of Fleischman’s.
New York, was called. Arnold ques
tioned him.
Q. What is your business?—A. I
manage my father’s establishment.
Q. Do you k.now Leo M. Frank?—
A. Yes. 1 was with him at Cornell in
3903-4-5.
Q. Did you live with him?—A. Yes.
Q. Do you know his general char
acter, and is it good or bad?—A. Very
good.
The witness was excused.
Tells of Man
Bleeding on Floor.
Charley Lee, 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 lin
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 ladies’«lressing room?
—A. Yes.
Q. Did he bleed there?—A. Yes.
Dorsey took the witness on cross-
examination.
Q. How much do you get?—A.
Thirty-two 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.
Darley.
Q. How large a raise?—A. Two and
one-h ilf cents.
Q. Have you talked about it to any
one? A. No.
Q. Not to the lawyers in the rase?
—A No.
Q. They didn’t know what you were
going to swear when you went on
the stand?—A. No.
Q. How did they know about it”
—A. I made a statement at the tim*
Mother of Accused
Who Denounced the
Solicitor in Court
that these 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—TTou can ask It.
Q. Have the Pinkertons been paid?
—A. No.
Q. Have they asked for the money?
—A. No, but they sent two-or thrse
bills. /
Q. You haven’t paid them, have
you?—A. No.
Q. You got a report from the Pin
kertons daily, didn’t you?—A. Prac
tically.
Q. Now, when did you hea about
\ i the finding of the stick?—A. When I
1st ie>o
GLASSY
ABILITY
AND
RELIABILITY
These are the first things you
Inquire into when you want your
eyes examined and glasses fit
ted; and these are the two fac
tors mainly responsible for the
public confidence in us 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 Toric lenses
and the genuine Kryptoks (in
visible bifoealsl. May we have
the pleasure of serving you?
Q. When did you see It last?—A.
About two months ago.
Q. Who had it?—A. Mr. Schlff.
Q. Did he say anything?—A. He
just wanted to know if I remem
bered it.
Q. Where did Duffy drop blood?—
A. All along here (pointing to the
diagram). It was just streaming down.
Q. Well, how large was the largest
spot?—A. I couldn’t say. It was Just
all 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.
1} 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 j
spill the blood?— A. In the office. No- I
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 blood from bis
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
I’eneil 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 on April 26?—A. I
was treasurer.
Q. Did the mail come to your of
fice?A. Yes.
Q. Did Frank ever come to your
office? A. Yes.
Q. Did he come there Saturday, ,
April 26V A. Yes. about 10 o’clock.
Q. How long did he stay?—A. About
an hour.
Q. What was your habit prior to
twelve months ago about visiting the
pencil factory?—A. I went there ev
ery Saturday afternoon.
Q What did you find Frank doing
on those Saturdays?—A. Working on
th*- financial sheet.
Plan to Show Conley
Lied About Watching.
Q. Mr. Montag. who occupied that
first floor up to January 1? A. The
Clark Wooden ware Company.
Q. What did the 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
wooden wire company?—A. In the
front of the building.
'Hie defense regards this evidence
aa \ ! Imp * riant to show that
Con! v Pod about watching for Frank
it the front door. They showed oy
Moii iig that the 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’* take Sunday morning.
Have you a telephone at your home?
—A. Yes. abou* 20 feet from my bed.
Q. Were you aroused by the tele
phone Sunday morning?—A. No, but
my wife was, and she toid 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 ’o
the factory. I referred him to Mr.
Parley, who then and now has charge
of the help.
q. Did Mr. Frank come to your
home?—A. Yes.
Q Did he tell you of what had hap
pened and thnt he had been route 1
out of bed without any breakfast?
Dorsey—I object to that.
judge Roan—You can bring out
the fact that tlie witness talked with
him, but not what he said.
A Yes. he told me about him.
q was he nervous? \ more
nervous ihan 1 was when he explained
t,o me what had happened.
Dorsey—I must object again. That
is irrelevant.
The objection was sustained.
q Was Mr. Frank nervous?—A.
Yes; naturally be was nervous in tell
ing of this'terrible crime.
O Were you nervous? A. I was.
<„> How did your wifi take the
news - ’- A. She was very much agitat
ed and cried.
Q. Did you have a good opportu
nity Tor observing Frank? Where
was he when he told you of the trag
edy?—A. He was in my sitting room
and 1 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 Yo«; 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
police?—A. Monday.
Calls Frank's
Mrs. Rea
Frank, who was
moved to
demonstration
by attacks on
her son’s
character.
/
it
On account of a little incident. He
came in while we were playing to
call oufr attention to a funny story
h» 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
ments of the other members of the
party.
Hooper took him on cross-exami
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 hear
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.
Emil Selig was recalled to the stand.
Attorney Arnolds—On the Sunday
following Memorial Day. Mrs. Selig.
did you. your husband. Mrs. Frank
or anybody say that Frank was
caught at his office witji a girl, or
anything like it? A. Absolutely no.
Q. On Tuesday, did you hear Mrs.
Ersenbach 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.
i Dorsey took the witness on cross-
[ examination.
* Q. How long after Frank was ar-
m
i i
it after I got there?—A. You got there
about 40 or 50 minutes after, Mr. Ros
ser.
Q. Who was with him?—A- Detec
tive lflack and Mr. Haas.
Q. You receive those financial
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 detec tives?- A. After.
Q. Who called you?—A. Mr. Schiff.
He wanted to know whether 1 would
sanction the employment of detec
tive and 1 told him certainly.
Q. Did you give any instructions?
A. Yes, 1 told him to give the authori
ties every assii tanee.
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.
Acquaintance Limited.
A. K HAWKES CO.
OPTICIANS
14 WHITEHALL
e
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
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
let that go in?
Judge Roan—Yea, it explains the
ondurt of this man.
<->. Well, what did you do then?—A.
lr H i us telephoned Mr. Rosser.
«What time was that?—A. 11 or
' 2 o’clock.
' » What time did he get there? A
About 40 minutes later.
Judge Roan at this point read to
Mr. Dorsey the rule that made this
evidence admissible.
Q. You don't know what happened
■p- tain '.' .\. No.
Q. How kjufc before Frank left was
Dorsey took 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’nai
Bi[th Society and came in contact
with lots of people in that organiza
tion. did he not?—A. Yes he came in
• mtact with the members, I suppose.
I never went to the meetings.
Q. How many members are there?
—.A. Four or five hundred.
Q. What did you mean by telling
the jury he had a limited acquaint
ance?—A. I meant the people he knew
would not be around the police sta
tion. v
Q. Did Frank ask for a lawyer?—
A. No.
Q. Did he ask for the Pinkertons?
—A. 1 only know what Mr. Schiff
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?—
\ Hi 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 1 couldn’t remember all.
Now do not twist what I say.
Arnold—He will if you don’t watch
him.
Dorsey—I submit that the remark
of Attorney Arnold is improper and
should he ?nricken from the record.
It is untrue.
Judge Roan—I sustain you.
Charges Dorsey With
Heckling Witnesses.
Arnold—It is true and proper and I
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 want is for vour hon-
of to rule him out of order
Judge Roan—I have, Mr. Dorsey,
go on. Lot’s not be Interrupted by
quarreling.
Q Did you mention to him the fact
that he 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’« fee?- A No.
Q No part of it?—A. No.
Q. All you agreed to pay was the
Pinkertons?—A. Yes.
Q. Have they b^en paid?
Rio>- i T object to that, your honor
Dorsey—Your honor, 1 want to show
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
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 up that factory?—A. Some
time -within tlie 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 afternoon of April 26 that you
wanted a horse and buggy?—A. I did
not.
At this time court adjourned until
2 o’clock.
Frank Was Composed
On Night of Slaying.
Mrs. M. Marcus, No. 4S3 Washing
ton street, was the first witness
culled 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?—A. 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 sit
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 you 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, 1 have been there frequently.
Q. Did you notice Frank particu
larly on that occasion?—A. No, bat
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
tioned her.
Q. Were you at Mr. Frank’s homo
the eevning of last Memorial Day aT
8 o’clock?—A. Yes.
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 nervou**ness 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 P>ank to attract your
! ntion?—A No.
q. How do you recall so well?—A.
reste^ was it before his wife went to
see him?—A. Sometime during 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 L 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. I don’t know. 1
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 remerpber 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 1 gave her $5 and toid 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 1 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
those days, didn’t she?—A. Y *s, 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. and
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 with the
manhood that evesy man ought to
possess I tried to keep her away from
seeing me in jail, what would that
show? Where Is our common sense ?
To what limits of suspicion are we
going? (Aside.)): By George, I am go
ing to keep my feet on the ground,
at least.”
Dorsey: “Your honor, these are
very important ci *cumstances. 1
want to go further and shoyv 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 ini
Harry Denham was called. Arnold
questioned him.
Q. Were you at \he pencil factory
Saturday. April 26?—A. Yes.
Q. Wha* were you doing?—A
Working on the machinery.
Q. Wno was there when you first
got there?—A. Mr Darley.
Q. What were you doing between
12 and 1 o’clock?—A. Working on
a machine on the fourth floor.
Q. Were you nankin" any noise?—
A. Yes, w’e were hammering
Q. Did anybody come up that day?
—A. Yes, May Barrett came in about
11:16.
Q. How long did she stay up there?
—A. About three-quarters of an hour.
^Q, What did she do then?—A. Sh ?
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?—-’ Arthur White’s
w.fei
Q. Did she come up to see l^er hus
band?—A. Yts.
Q. Did she come u again?—A. Sir'
sent Miss Hall up for White, and
he wefft down.
Q. Who came next?—A. Mr
Frank.
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 go out 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. Ycfii ’could have heard it?—A.
Yes.
Q. Were the wheels of the elevator
right there on the fourth floor?—A.
Yes.
Q. Dot.; 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 se e 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.
v ■
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Trains from the South
make good connections in Cincinnati in same station
with these trains.
Continued On Page 5, Column 1. s
E. E. SMITH
Traveling Passenger Agent
Atlanta, Ga.
1
MMl"
uni"'
$9.00 FIFTEEN DAY
TICKETS.
Wrightsville Beach, Saturday,
August 16. Make reservations ear
ly. Seaboard.
Tickets, reservations, time of trains and further information
gladly furnished by applying to
REPORT OF THE CONDITION OF
Fourtk National B
OF ATLANTA
an
k
At the close of busine«9 August 9th, 1913. Issued on call of tke
Comptroller of tke C urrency.
ASSETS
LIABILITIES
Everything 0. K.I
Loans and Discounts $5,116,588.48
24,297.64
715,387.50
With' your appetite—your|
digestive organs—your
liver—your bowels.
If not, you should
try a short R ^
course
of
Overdrafts
U. S. Bonds and Premium. . .
Other Bonds to Secure U. S.
Deposits
Stocks and Bonds
Fourth National Bank Bldg.
Cash—
In Vault $511,718.54
Due from
Banks ...... 675,305.67
Due from •
, U. S. Treas.. 42,000.00 1,229,024.21
43,400.00
76,506.46
625,000.00
Capital Stock $ 600,000.00
Surplus and Undivided
Profits 924,062.20
Circulation 600,000.00
Bills Payable 560,000.00
Deposits 5,156,142.09
$7,830,204.29
$7,830,204.29
It
%'f*' '
helps Nature
overeome such ills
as Flatulency, Indiges
tion, Constipation, Bilious
ness. Cramps and Malarial
Fever. Get a bottle to-dav
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, B. ROGERS, Asst. Cash.
We invite tke business of individuals, firms and corporations
desiring good bank service. 7 \
FOURTH NATIONAL BANK
-r
-