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The'diagram shows how tin 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 tTte notes. • —~
Continued From Pago 1.
streot, 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.
Mr*. Albert P. Levy, No. 89 Kwt
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 Athene, Ga..
aunt of Mrs. Leo Frank, said that she
was visiting at the home of Mrs (\
Wolfsheimer. No .1ST Washington
street, three door* 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 Oletjn
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 live? at No
387 Washington street, said she saw
Frank at this time.
Julian Loeb, No. 380 Washington
afreet, testified to the same effect,
J. Cohen Loeb. No. 445 Washing
ton street, told the jury he rode part
way to town w ith 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.
Asks Women
Be Excluded.
Solicitor Dorsey, before the Jury
wap brought in. said he wanted to
make a request that the mother ami
wife of Leo M Frank be excluded
from the court as the witnesses have
been because of the outbreak of thi-
elder Mrs, Frank Wednesday after
noon
”1 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 he excluded w hen
we are subjected to outbreaks like
that yesterday.”
' Attorney Arnold in reply y«id: #
“Without criticising Mrs. Frank. I
want to state that the Solicitor’s ex
amination of the witness yesterday
wae 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 reelings
of Jury. Does you honor think
that good practice—honorable pra
t l ce especially when a man is on trial
for hi- life?
Arnold Calls
Dors«y Overzealous.
“My friend is zealous—he Is a little
©verzealoua. I think, but that is not
a matter for me to criticise Your
honor, our jury system is ver> lame
if we admit this sort of evidence.
Thev 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 !
won t say that the conduct of the S«»
Heitor is Ulegai. but it is a little
culpable than the act of the mulhei
A'
\
It's a pretty pass if a mans wife and
mother are to be barred at ths 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. 1 didn't ask Mr. Jones
all the questions 1 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
mem.
“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 1 put
these good women on the stand."
Judge Ronn ruled, after more ar
guing: 9
“You are entirely right. Mr Dor
sey, in laying that you are entitled to
protection. Other women 'were put
out because the evidence was of such
ft nature ns to he Indecent to be heard
by them. It is a matter in the discre
tion or the court to state whether
these ladles should be allowed to re
main. I will say that if there are an
more such outbreaks as yesterday I
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
tlve looking girl, about 16 years old.
Q Where do you live?—A. 160 Ash
by street.
Q. After you took a course i:
shorthand, did you go to the National
Pencil Company and meet Mr. Frank
—A. Yes
Q. You w ere looking for a position
—A. Yes.
Q Did you get it?—A. No
Q Why?—A He was to let my fa
ther know, hut I never heard from
him.
Q Where were you working April
26'’ - A. At the R*nnett Prlntln
House
Q. What time did you get off that
day .’—A. Twelve o’Ctoek
Q. Where did you go?—A. Shop
ping.
Q. Did you ha\ a an appointment ta
meet another girl?—A. Yes; I was to
meet Velma Tun r at 1:15 o’clock »t
the corner of Alabama and Whitehall
streets.
W Where were you about 1:05
o’clock?—>A. 1 came out of Kress
store.
Q Where did you go?—A To Ji-
cobs' corner. Alabama and Whitehall.
Q. Did you see the defendant there?
—A After I had been there about five
minutes 1 turned ar und and nw him
D What time would you say that
■ - - A. About 110 o'clock.
What was he doing?—A. Stand
ing on the corner.
Hooker took the witness on cross-
examination.
Q. Your father works at Mon tag V
doesn't he? A. Yes
Q. You told your father about see
ing Frank, didn't you?—A. Yes.
Q. In that large crowd. Saturday,
a holiday, you saw Mr. Frank?—A
t was not very crow'ded at that timy
Q. Didn’t the parade come n\ons
then?—A. Not until about 3 o'clock.
y. How long did you stand backed
up against the wall there?—A. From
five minutes after 1 until twenty aft
er 1.
Q. You saw hundred* 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.
y. What time did your friend
come?—A. About 1:20 o’clock.
y. Gould you see Davis Hi Free
man's clock from wher** you were
backed up against the wall?—A. I
stepped out to look at it.
y. Who else did you see whllo
there?—A. My mother, father >nd
brother.
y. You went from Kress’ at 1
o'clock?—A. Yes.
y. Didn’t you know that Kress'
closed at 12 o’clock that day?—A. It
did not; I was in there.
y. How do you know so well what
time it was?—A. I had an engage
ment at 1:15 o’clock and I was watch
ing the clock.
y. What time was it when you
looked at the clock?—A. It was 1:05.
Can’t Recall Anyone
Else She Saw That Day.
y. All the stores closed at 1 o’clock
and great crowds w’ore in the streets.
—A. I don’t know about any store but
Kress'. 1 was In there.
y. 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 wui excused and Mrs.
M. G. Michael, of Athens,,Ga., was
put on the stand.
y. Do you recall where you were
last Memorial Day?—A. Atlanta.
y. Where were you at 2 o’clock?—
A. Mrs. Wolfshelmer'fi. my sister, No.
387 Washington street.
y. Are you related to Frank?—A.
His wife is my niece.
Q. Where did you see Frank thut
day?—A. At about 2 o’clock It* was
coming up Washington street.
y Where were 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.
y. Did Frank appear nervous?—A.
No.
Q Did you see him again?—A.
Sunday morning at his home
y. 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 Gienn and
Washington streets.
y. You are sure it was 2 o’clock?—
A. Yes.
Q. Was it the custom for Frank to
come in?—A No. but this was the
first time he had seen me since l 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 DayT—A Retween 5 mln-
UlCs to J and 2 o'clock at Mr*. Wolf-
sh.imer's. l had ai a ugagerrunt with
FOREMAN IN FACTORY
TESTIFIES FOR FRANK
LEMMIE QUINN.
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 TV Levy, No. 65 East
Georgia avenue, was called. Arnold
questioned her.
y Do you live opposite Mr. Frank?
—A. Yes.
Q. Do you recall seeing him Me
morial Dav?—A. Y’es.
*
Q. Where?—A. I was looking for
my son who was coming to take me
to the Grand opera matinee, and J
saw Mr. Frank get off the car at
about 1:30 o’clock.
Looking For Son
On That Car.
y. You expected your son on that
car?—A. Y’es.
Hooper took the witness.
y You never heard of this crime
until Tuesday?—A. Yes, I had heard
of It.
y. You did not think of it until sev
eral days afterward, did you?—A. No.
y. Well, what made you recall see
ing Frank” Was there anything un
usual about his appearance?—A. No;
1 just know because I w as constantly ,
looking at the L-.ck 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 sc.
Arnold took the witness.
y. You said you reached your sick
friend’s home at 2:15 o’clock. Who
was ^he?—A. Mrs. J. A. Hirsch.
The witness was excused, and Mrs
Hennle 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 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. Amqjd questioned
him
y. Is your residence next door to
the Wolfsheimer residence?—A. It is
across the street.
y. Are you related to.Mr. Frank?—
A. No; I am a cousin of his wife’s.
Q. Do you remember seeing L?a
Frank April 28?—A. Yes; f 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 the B’nai Brith Society the
following Sunday morning.
Hoopt-r took the witness.
Q. Ther^ was no special reason for
you to remember the time, was there?
A. Yes; I Judged by the time - left
the office u'here I am employed.
Says Conley Told Her
He Was Drunk.
The witness was excused, and Migs
Rebecca ('arson, an employee of the
National Pencil Company, w’as th?
next witness. She smiled and bowed
to Frank as she‘took her seat. Ar
nold questioned her.
The witnes* said she was foreladv
of the aosortnent 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.
y. Did you see Mr. Frank at any
time or place on Saturday?—A. Yes.
between 2:20 and 2:25 o’clock iu 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 lo
3 I went down to Brown & Allen’s
corner just across the street 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 fcfcn 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 0
\yas sweeping. Mother said to him:
"Well, Jim. I see they haven’t got you
yet.” He said: “No Missis. I ain't
done nothing.” S’ne said: "No, and
Mr. Frank hasr. t either, but they took
him.” Conley said: "No. Missis, he a
as innocent as you is and you is as
innocent as a., ane'el.” Mother 1 -
marked: “Well, when they find out
who murdered that little girl, it wlM
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 Ji:n
was arrested?—A. About an hour.
Q. What day was that?—A. Thurs
day.
Hooper took the witness on crosi-
examination.
Q. That was Monday when Jim
Conley made the remark to you aboib
him having been too drunk Saturdav
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 .11 woii. on the fourth
floor?—A. Yes.
Q. That elevator makes very little
noise?—A. It makes some noise.
Q. Could you hear it with thof'p
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 amt 2:25 o’clock.
How did you get that so certain?—A.
My si:*ter just asked me the time and
it was only a short time later w hen 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 tolling 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 was your salary raised
last?—A. January.
Q. Do you know whether Conley
stayed there Saturday afternoon. o<
not?—A. I heard h? 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 imprecision on
you?—A. Yes.
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 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 28?—
A. Yes, on the trolley car comin io
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. Yes,
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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