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THE ATLANTA GEORGIAN AND NEWS.
JIM CONLEY DRUNK DAY OF CRIME, GIRL SAYS HE TOLD HER
‘I Don’t Know Where I Was Saturday, ’ Rebecca Carson Swears He Admitted
1*1
I
ft
P
ONE OFTHE FIFTY NEW WITNESSES
SUMMONED BY THE PROSECUTION
AS HE LEFT
Continued From Page 1.
ing to the crowd and to the feelings
of the jury. Does you honor think
that good practice—honorable prae
tice—especially when a man is on trial
for hiM life?
Arnold Calls
Dorsey Overzealous.
"My friend is zealous—he is a little
overzealous, I think, but 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. 1
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
Qf 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 1 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 I might have asked
him,” replied Dorsey. "You ruled the
questions I did ask were legal. I
a?Ked only questions I can substan
tiate by reputable witnesses—-some of
tnem high-class women, I regard
them.
"It's a mistaken idea about me be
ing overzealous. 1 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 law yer to express hiB opinion on the
evidence Mr. Arnold has branded
this evidence as lies before I put
these good women on the stand."
Judge Roan ruled, after more ar
guing:
"You are entirely right, Mr. Dor
sey. in saying that you are entitled to
protection. Oth«»r women were put
out because the evidence was of su^h
a nature as to be indecent to be heard
by them It is a matter in the discre
tion ol* the court to state whether
those ladies should be allowed to re
main. I will say that If there are any
more such outbreaks a* 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 la 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 was to let my fa
ther know, but I never heard from
him.
Q. Where 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 have an appointment to
meet another girl?—A. Yes; I was to
meet Velma Turi r at 1:15 o’clock at
the corner of Alabama and Whitehall
streets.
Q. Where were you about 1:05
o’clock?—A. 1 came out of Kr^ss’
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 1 turned around and saw him.
Q. What time would you say that
was?—A. About 1:10 o’clock.
Q. What was he doing?—A. Stan I-
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Hooper took the witness on cross-
examination.
Q. Your father work* at Montag’s
doesn’t he?—A. Yes.
Q. You told your father about see
ing Frank, didn’t you?—A. Yus.
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 there?—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.
Q What time did your friend
come?—A. About 1:20 o'clock.
Q. Could you sec Davis & Free
man’s clock from wher*j you were
backed un against the wall?—A. I
stepped out to look at it.
Q. Who else did you see while
there?—A. My mother, father ind
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. I hud an engage
ment at 1:15 o’clock and I was watch
ing the clock.
Q. What time was it when 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 were In the streets.
—A. I don’t know about any store but
Kress’. 1 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 m 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. Mr?. Wolfshelmer’s, my sister, No.
387 Washington street.
Q. Are you related to Frank?—A.
His wife is my 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 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.
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
Glenn and
saw him?—A. Toward
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 this was the
first time he had seen 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 terrified 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 affirma
tive answer he excused the witness.
Mrs. Albert P Levy, No. 65 East
Georgia avenue, was called. Arnold
questioned her
Q. E>o 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 who was coming to take me
to the Grand Opera matinee, and I
saw Mr. Frank get off the car at
about 1:30 o’clock.
Looking For Son
On That Car.
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. 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^j
Frank April 26?—A. Yes; I 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.
Hooper took the witness.
Q. There was no special reason for
you to remember the time, was there?
A. Yes; I judged by the time * left
the office where I am employed.
Says Conley Told Her
Q You expected your son on that I He Was Drunk.
The witness was excused, and Miss
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 afterward, 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 1 ck and at the cars.
Q. When did you first speak of
this?—A. Wheu 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 was 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 up to the steps of
my house.
Q. You talked to him?—A. Yes, 1
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 foreladv
of the assortment department on the
fourth floor and had been there thre«i
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 & Aliena
corner just across the street ar.d saw
him going into Jacobs’.
Q. Did you see Jim Conley Monday
morning?—A. I did.
Q. Did you say anything to him?—
A 1 asked him where he was oi. Sat
urday. He said: Miss Rebecca, I
was so drunk I didn’t know where T
was.”
Q. Did you overhear any 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.” said: "No. Missis, I ain't
done nothing.” She said: "No, and
Mr. Frank hasn t either, but they took
him." Conley said: "No, Missis, he's
as innocent as you is and you is as
innocent as an ansrel.” Mother re
marked: “Well, when they find out
who murdered that little girl, it wi’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 crosi-
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 rpother right away.
Q. You 'J1 woil- on the fourth
floor?—A, Yes.
Q. That elevator makes very little
noise?—A. It makes some noise.
Q. Could you hear it with tho?*e
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
I 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 sisker 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 was your salary raise!
last?—A. January.
Q. Do you know whether Conley
stayed there Saturday afternoon, ov
not?—A. 1 heard he stayed there and
reckon he did.
Q. Cbnley 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
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 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. 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. 1 saw Arthur Harris
and Ike Liebman pass in an automo
bile near the Capitol.
Q. You were sitting on the right
side of the car?—A. Yes.
Q. Next to the window?—A. No;
Mr. Frank was next to the window.
y. Did you see Mr. Hinchey?—A.
No. but I recognized his car.
Q. Do you know the number of his
car?—A. No. but I 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
WRIGHTSVILLE
BEACH $9.00
Round trip, August 16. Good 15
later that it was Mr Hinchey's car,
did you not?—A. I did.
Hooper—I object.
Judge Roan sustained the objection.
Miss Carson was excused and Hen
ry Smith, another employee of the
pencil factory was called. Arnold
questioned him.
Q. What department are you in?
Q. Do you know a man named Bar-
A. Metal room,
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 said he would get the first hook
of about $4,300 because he found the
blod and hair.
Q. Anything else?—A. Well, when
he passed me he would play like ..e
was counting money.
Hooper took the witness on cro^s-
examination.
Q. Has he ever spent any of chat
imaginary money?—A. No.
Th witness was excused and Charles
Lee was called, but did not answer.
Harry Lewis, of No. 156 Underhill
avenue, Brooklyn, took the stand.
Arnold questioned him.
Q. What is your business?—A.
Practicing attorney.
Q. Were you ev.# 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.
0. Is it good or bad?—A. Very good.
The witness was excused without
cross-examination.
Herbert Lasher, of Fleischman’s,
New York, was called. Arnold ques
tioned him.
Slayer Freed Under
$5,000 Bonds Raised
By Engineer Friends
W. D. Partee, the Georgia Railroad
engineer who killed another engineer,
Sam Jac kson, a short while ago, was
released from the Tower Thursday
morning under a $5,000 bond, furnished
by a number of engineers, friends of
Partee. Bond was granted by Judge
J. T. Pendleton following application
for bail by Partee. A plea of self-
defense was made.
The killing grew out of remarks
which Jackson was quoted as saying
about Partee being familiar with an
other engineer’s wife. Her husband
went to Partee and the two of them
started in search of Jackson. They
met near the Georgia Railroad round
house and the shotoing followed,
Jackson being killed almost instantly.
A number of Partee’s friends were
at the Tower Thursday morning to
greet him on his release from the
Tower.
ME YEARS AGO
Letters Uncovered by Workmen
Between Walls of the Depot
at Decatur,
Remodeling of the Georgia Railroad
depot in Decatur has served to par
tially clear up a series of mail rob
beries three years old.
In 1910, about the time Agnes Scott
College opened for the year, letters
addressed to college officials and stu
dents and citizens of Decatur began
to disappear. Some of them con
tained checks and money orders, and
complaints by the hundred were filed.
Postoffice inspectors worked, but
could find no clew, and the investiga-
titfn was finally given up as hope
less.
But the other day workmen -at the
depot found all the missing letters
stacked behind the plastering. A hole
large enough to admit a man's hand
was found. Through this hole the
letters had been placed between the
plastering and the outer wall. Some
of the letters still contained checks.
The letters had all been opened.
Mrs Kirkpatrick, the postmaster,
is now engaged in forwarding the
long-delayed letters to the addressees.
She Is writing a note of explanation
to accompany each letter.
The theory has been advanced that
the letters were taken by some rail
way mail clerk and handed out to a
trusted confederate in Decatur, who
would extract what money and ne
gotiable paper he would find and
then place the letters in hiding be
hind the plastering in the depot.
There is no clew to the guilty par
ties.
Worshipers Routed
Fro mTent by Flood
GADSDEN, Aug. 14.—Five hundred
worshipers were forced to wade
through water up to their waists to
a place of safety when water from
flooded Cove Creek rose around them
while they were attending services
In a tent near Lagarde last night.
Children were carried on the
shoulders of their parents to safety.
The water rose about the tent in
less than half an hour after the rain
started to fall.
Cafe and Drug Store
Rifled by Burglars
Burglars operated in Atlanta again
Wednesday night, a Greek restaurant
at 34 Walton street and the Red
Cross Pharmacy at Marietta street
and Belhvood avenue being robbed.
The restaurant was entered by
breaking open the rear door. Fifteen
dollars was taken from the cash reg
ister here. At the pharmacy a win
dow was broken and $1.90 obtained.
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