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2 ElIVATOF? SHAFT OFFICE FLOOR* MAIN ENTRANCE THE ATLANTA GEORGIAN AND NEWS. CONLEY’S STORY IS RE-ENACTED BY DEFENSE TO DISPROVE IT J?ELNXCTlJvG Jfcmr FZAHK MVS CONVEY rs, J?£7fO}M> °r pour Yo &YS'£MJM r Y S'UYJ^OSED 30Dy STREET FLOOR % • '• • .*. .i . •> ■ 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. 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