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TUE A'i'LA-NTA GEORGIAN AND NEWS RFAn
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THE ATLANTA GEORGIAN AND NEWS.
TRAGEDY RE-ENACTED TO PROVE JIM CONLEY’S STORY FALSE.)
Frank Trial Scene of Hoi Battle on Admissibility of Evidence for Defense
I
COUNSELFORSTATEANDDEFENSE IN
MOTARGUMENT BEFORE JUDGE ROAN
th*
stomach’?—A.
! food had been in
j There is no way.
Q. Weil, if a doctor \v« re to say,
from a chemical examination of the
contents of the stomach, that it had
been there only 30 minutes before
death, could he know what he was
ta so"*it ft o b r°Do™ey ‘took the witne.e ■ Never Re-d Book
heartily.
Q. Well, do you go out and prac
tice medicine with your .■•tomach as a
standard?—A. I certainly do not.
Q. When did you read the last book
on digestion?—A. About ten years
ago.
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on cross-examination.
Q. Are you a specialist on the stom
ach?—A. No.
Q. Is Dr. Westmoreland a specialist
on the stomach?—A. No; he is a sur
geon, but he would have to know
something ubout the stomach.
Q. Is I)r. Hancock a stomach spe
cialist?—A. No; he is a surgeon.
Q. You say you are not a stomach
specialist?—A. Yes; but I have io
have a general knowledge of the
stomach to instruct in medic ine.
Tilt Comes Over
Doctor’s Digestive Powers.
Q. Tables have been compiled
showing how long It takes to digest
chicken, cabbage, etc. You are fa
miliar with the digestion of cabbage,
are you not?—A. I can not digest
cabbage at all myself. If I should eat
It to-day, it would put me in bed to
morrow.
Q. I am not asking you about your
own stomach. You may be a dyspep
tic?—A. No, I am not.
Dorsey—I move that this answer
be stricken out.
Arnold—He had a right to answer
that question that way.
Dorsey—No, he hasn’t a right to
shoot in statements.
On Digestion, Ke Says.
Q. You say you have not read a
book on digestion in ten years?—A. I
don’t know that I ever read a book
specifically on digestion. It hasn't
been necessary. All the hooks art ,
sent me free. I don’t have to buy j
them.
Q. And there hasn’t been any proc
ess in the study of digestion in ten
yea rs ?
Arnold: I object to the Solicitor
asking and answering the question.
Dorsey: They put him up as an
expert, and I want to see what ne
knows.
Dorsey then put a hypothetical
question, describing the conditions
surrounding the analysis of the cab
bage taken from Mary Phagan's
stpmach.
Q Would you venture an opinion
on how long that cabbage was in the
stomach before death?—A. Nine days
after death, I don’t think you could
tell a thing shout It. Now, I will ex
plain, if you desire.
Q. Wait a minute.
Arnold: Let him explain.
Dorsey: Can’t the witness take
care of himself?
to the statement of the witness as a
lie. Thai is tor the jury to decide.
Judge Kuan sustained Hooper’s ob
jection.
Arnold—He admitted he lied. He
changed his statement in a half dozen
particulars. You can’t Judge a man
who one time is a pup and the next
time is a pig?
Dorsey—Your honor, if you admit
this evidence, it will be a positive re
versal.
Rules State May Show
Time of Conley’s Act.
Judge* Roan—I don’t remember tha*
the question at the time was put up
to me when i ruled on Conley’s state
ment. If it is admissii ie to show how
long It took to enaoX what Conley
said was his part, then the Mate can
show how long it took Conley to en
act it. I won’t reverse myself. T rule
that the State may put in its evidence
as to the time it took Conley to enact
it.
Dorsey—All right, you honor; that
Is all I want.
Arnold—The Solicitor gets up every
time he has an objection and almost
cries about something that has been
done to him on what he claims is a
similar case. We will argue the point
about the admissibility when we get
to it.
“If the court rules, I am going to
read the pantomime that this negro
went through.” said Arnold.
Attorney Joe Leavitt read for At
torney Arnold the negro’9 statement,
detailing the events from the time the
negro said he went to move the body
notices her hat and slipper and
the piece of ribbon.
Conley: “Mr. Frank, what am I
going to do with these things?”
Frank: “Just leave them right
there.” Conley pitched them in
front of the boiler. ConMy goes
on elevator.
Frank: “Come on up and I will
catch you at the first floor.”
Frank hits Conley a blow on his
chest and jams him up against
the elevator. Frank stumbles out
of the elevator as it nears second
floor. Frank goes and washes his
hands and takes elevator keys
into the private office. They sit
down in the private office, Frank
rubbing his hands and the back
of his hair.
Frank: “Jim.” Conley said
nothing. All of a sudden Frank
happened to look out of the door.
Frank: "My God, here is Emma
Clark and Corinthia Hall.” Frank
runs back.
Frank: “Come over here, Jim;
I’ve got to put you in this ward
robe.” Frank puts Conley in
wardrobe. Conley stayed there
quiet a while.
Frank: “You are in a tight
place.”
Conley: “Yes.”
Frank: “You done very well.”
Frank goes In the hall and comes
back and lets Conley out of the
wardrobe.
Frank: “You sit down.” Conley
sits down and Frank sits down.
Frank reaches on table to get a
box of cigarettes and matches,
watch man comes. I will pay him
mysell’.”
Frank: "Well, all right; I don’t
see why you want to buy a watch
for, either. That big fat wife of
mine, she wanted me to buy an
automobile and I wouldn’t do it.
(Pause.) I will tell you the best
way. You go dowp there in the
basement, you see that package
that is on the floor in fron of the
shavings, take a lot of that trash
and make up a fire and burn it.
Conley: “All right. Mr. Frank,
you come down there with me and
I will go.”
Frank: “There is no need of my
going down there, and I haven’t
got any business down there.”
Conley: "Mr. Frank, you are a
white man and you done it, and
I am not going down there and
burn it myself.” (Pause.)
Frank: “Let me see that
money.” Frank takes money and
puts in his pocket.
Conley: “Is this the way you do
things?”
Frank: “You keep your mouth
shut; that is all right.” (Pause.)
Frank turns around in his chair
and looks at the money; looks
back at Conley, turns his hands
and looks up.
Declares Frank Cried,
“Why Should I Hang?”
Frank: "Why should I hansr? I
have wealthy people In Brooklyn."
Conley: "Mr. Frank, what about
me?"
Frank: “It’s all right about you.
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COLLEGE CULL
HITS HARRIS'
Continued From Psgo 1.
‘That’* exactly what we propone to
4o,” retorted Arnold.
The crowded room of spectators
knew that this was a challenge by
the defense for the State to do its
worst. Frank’s lawyers deliberately
had introduced Frank’s character In
to the trial, apparently indicating that
they had no fear of the evidence
which the prosecution might bring
forth.
It is known that the State has
made elaborate preparations for an
attack on the young superintendent’s
character with stories of gross im
morality.
Solicitor Dorsey w-as asked Wednes
day how many witnesses he expects
to call.
*T don’t know,” he replied. “It
largely depends on the number that
Awaiting tha
Joyful Sound
The Wonderful Mueio That Burst#
Forth When the Stork Arrives.
That funny little brassy erv that
schooe the arrival of the new baby is
perhaps the most cherished remem
brance of our Eves. And thousands of
happy mothers owe their preservation to
health and strength to Mother's Friend.
This is an external remedy that is ap
plied to the abdominal muscles It re
lieves all the tension, prevents tender
ness and pain, enables the muscles to
expand gently, and, when baby comes,
the muscles relax naturally, the form Is
preserved without laceration or other
accident.
You will find Mother’s Friend on sal*
at almost any drug store, as it is one of
the standard, reliable remedies that
grandmothers everywhere ha\e relied
upon
With Its daily use during the period
of expectation, there is no weakness, nc
nausea, no morning sickness, no pain,
distress or strain of any kind. Its in
fluence Is truly remarkable, us It rene-
trates the tissues and renders them
pliant and easily governed by the de
mands of nature You will be surprised
at its wonderful effect and what a
grateful relief It affords
Especially to young women Mother's
Friend is one of the greatest of all help- i been badly injured by the burst ; ng
ful influences an emery wheel and was carried.
You will And this wonderful remedy on ; bW dimr rmst the verv nlnoe where
■ale at the store whore you trade, or 1 Bleeding past tne \ ery P'ace w nerc
they will get it for you ft is prepared 1 Barrett discovered the blood spots,
by BrxdftyM Company. 1S« He testified that he never had F«on
Umir Bultdlng. Atlanta. Ga Writ* Frank speak to Marv Pbaaan and did
for a very yatuabta book to *a- i n0 r kno\y that he knew her
' ft • r
Judge L. S. Roan.
the defense calls and the nature of
their testimony.”
Those called by Attorney Arnold
at the forenoon session were.
Alfred L. Lane, a merchant of
Brooklyn. N. Y., and a classmate of
Frank's at Pratt Institute from 1898
to 1902.
Philip Nash, electrical engineer, of
Ridgewood, N. J., and a classmate of
Frank’s at Pratt Institute during the
same period.
Richard A. Wright, a consulting en
gineer, Brooklyn, who knew Frank at
Pratt Institute and also at Cornell
University.
All testified as to Frank’s good
character.
Frank Payne, former office boy at
the factory, was asked to particular
ize as to certain Incidents mentioned
in the testimony of Jim Conley and
C. B. Dalton. He said that he never
knew F^ank to have women in his
office, although it was his custom to
be at the affice at the times Conley
and Dalton testified that these gay
parties took place.
A full three-quarters of the fore
noon was consumed In a legal wrangle
over the admissibility of Dr. William
Ow’ens’ testimony. Dr. Owens was
ready to testify in regard to the re
production of the alleged movements
of Conley and Frank in disposing of
.Marv Phagan’s gody, as Conley re
cited them on the witness stand.
Judge Roan reserved his decision un
til afternoon.
Quinn was questioned minutely in
regard to the time of his visit to the
factory as soon as he was called to
the stand. Attorney Arnold began
by having him detail his movements
throughout the day from the time he
arose in the morning.
The foreman told an apparently
straightforward story, although the
Solicitor did not have time for cross-
exaihination before the noon recess.
He estimated that he entered the fac
tory at about 12:20 v.’clock. All of the
doors were unlocked, he said, and the
doors of the outer and inner offices on
the second floor were open. The safe
door, he thought, also was open. He
testified that his conversation with
I Frank was very brief and that he left
i the factory within two or three min-
! utes.
He said that R. P. Barrett, desig-
j nated by Attorney Arnold as the
“Christopher Columbus” of the Frank
! trial, had discovered the blood spots
I and the strands or hair on the lathing
! machine. Barret* frequently had re
marked to him. Quinn testified, that
he would draw down the big rewards
I if Frank was convicted. Quinn said
I that Barrett had mentioned $2.?00 it
! one time and $4,500 at another as tha
sum he would receive because he had
been the first to find the blood spots
and other evidence.
The wdtness said that it was noth
ing unusual for factory employees to
be hurt and bleed. He cited the case
f C. P Gilbert, who. he said, had
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so far as the reading of the excerpts
from Conley’s testimony, so far as
it related to the actual movements of
the day when the Judge decided that
he would reserve his decision until
afternoon in the dispute over Dr.
Owens’ testimony.
With one man taking the role of
Jim Conley, another the part of Leo
Frank and two others timing every
movement. the four actors in the
drama went to the factory and pro
ceeded through the actions which tne
negro described in telling the story of
the body's disposal.
Even the victim of the tragedy did
not go unrepresented. A sack filled
with material weighing 110 pounds,
the weight of Mary Phagan. was car
ried from the rear of the metal room
to the front of the factory and down
the elevator to the bAsement.
Dr. William Owens was called to
the stand. lie was one of the timers.
He said that William A. Fleming, a
contractor and builder, took the part
of Leo Frank and a Mr. Brent the
part *of Conley.
Dorsey objected on the ground that
the Judge had ruled out evidence as
to the time It required Conley to re
enact the disposal of the body.
Arnold replied that this pantomime
was done under one of Conley’s “ly
ing affidavits.” and not as he told of
it on the stand.
Numerous authorities were cited by
both sides'. Judge Roan Anally an
nounced that he would reserve his
opinion until 2 o’clock in the after
noon. and Dr. Owens was excused.
It took defense’s men eighteen min
utes and a half to re-enact the bare
details of the disposition of the body.
To this, if the testimony is allowed,
the defense will explain, must add
ed the time the negro was In the clos
et eight minutes—the time it took
to write the notes, the time consumed
in the conversation the negro report
ed. the alleged exchange of the roll if
bills and everything else that trans
pired in the office that Conley told of.
Dr W S. Kendrick, head of the old
Atlanta Medical College, was the first
witness called Wednesday and testi
fied in rebuttal of Dr. H. F. Harris.
He was the first man who employed
Harris as a chemical assistant.
Harris Testimony
Again Attacked.
Attorney Arnold put his usual
hypothetical question about the cut
on the back of the head and the doc
tor answered:
“In expressing any opinion on a
wound such as you describe that long
after death is nothing more nor less
than hazarding the wildest guess im
aginable.”
Q. Do you know of any way any
Solicitor Dorsey.
Frank Hooper.
up
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Reuben Arnold.
C
r
Luther Z. Rosser.
The defense was able to get only piiyaialan could determine how long
Rosser—That is a reflection on this
man, who is old enough to be the
young Solicitor’s father and ~ man of
undisputed character.
Arnold—Your honor, we want you
to rule out that statement of the So
licitor’s about “shooting in.”
Judge Roan—1 must sustain Mr.
Dorsey in his objection to the wit
ness answering questions he was not
asked. 1 also strike out Mr. Dorsey’s
comment on the witness.
Judge Objects to
Dragging in Homer.
Dorsey—Dr. Kendrick, I am ask
ing you about medical science—the
processes of digestion have been,
determined, have they not?—A. I
ain not a stomach specialist. 1 have
had to know something about the
stomach to practice.
Q. Isn’t It true that Homer ex
ceeded his teachers in knowledge?—
A. 1 have had to make a living by the
sweat of my brow. I haven’t had
time to read Homer. 1 had to teach
L>atin once
Judge Roan—I don’t think there is
any reason to bring Homer into this
case.
Q. Whenever you find free hydro
chloric acid in the stomach, digestion
is over with, is it not?—A. Yes.
Q. Is it not true that when you find
it in a small degree you know that
digestion has not progressed very
far?—A. Yes.
Q. Well, if you find undigested par
ticles of food in the stomach and only
a small degree of hydrochloric acid,
then would not the natural conclu
sion be that the food had only been
there a short time?—A. Not necessa
rily. If 1 ate cabbage, it would be
there the next day.
Q. I never asked you about cabbage.
Get your mind away from that. You
might have been laid up from eating
a Welsh rarebit. Now, are there no;
certain infallible rAiles of digestion?
Arnold interrupted—Wait a min
ute. let him answer that other ques
tion.
Addressing the uHtness Arnold said:
“He asked you if a Welsh ran bit
would not affect you the same way
as cabbage?”
Dr. Kendrick—I never saw on© in
my life.
A ripple of laugher ran through
the court and even J Frank laughed
Arnold: Yes, he can.
Dorsey: Then let him.
Dr. Kendrick Gives
His Views on Case.
Dr. Kendrick: I have always
thought that every stomach is a law
unto itself. There is such a wide
latitude for feai anger and a hundred
other things to interfere with diges
tion that it Is practically impossible
to set a standard.
Q. You and Dr. Westmoreland and
9ome others of you became very bit
ter against Dr. Harris, did you not?—
A. I gave him everything he ever had
In Atlanta, except his place on the
State Board of Health. Dr. West
moreland gave him that.
Arnold took the witness.
Q. What do you think about Dr.
Harris, his eccentricities, etc.?
Dorsey objected and was sustained
Q Does this cabbage seem to be
masticated?—A. No.
Q. What becomes of the hydro
chloric acid after death?—A. I don’t
know, but I imagine It would stay in
the body.
Q. Do you know what effect for
maldehyde has on the pancreatic
juice?—A. No.
Clash Over Real Estate-
Physician’s Testimony.
The witness was excused and Dr.
William Owens was called. Arnold
question him.
Q. What is your business?—A.
A physician and real estate man.
Q. Did you, at our request, make
certain tests of the building of the
National Pencil Company regarding
what Jim Conley said he did?—A. I
did.
Dorsey—I object to this testimony.
This man is no expert on this subject.
The jury is just as capable of judging
the time as this witness. It is a farce
to have this man go through this tes
timony. The other day we tried to
prove that Jim Conley had gone
through this test, and your -honor ’
ruled it out. What is the difference in
principle between the two?
Arnold—Your honor, you admitted
the time the negro said he went
through these acts. He sa’d it was
all completed about 1:30 o’clock. Jim * 1
Conley went through his act after his
second lying statement.
Hooper—I object to him refurci&ii
until he said he left the factory at
about 1:30.
The statement follows:
12:56 o’clock. Conley goes to
cotton box from the elevator
stairs and gets a piece of cloth,
but takes cloth back to where
body lay and ties it just like a
person that is going to give out
clothes on Monday. Ties each
corner and draws it in and ties
it. Ties the four corners together
and runs right arm through cloth,
and went to put it up on his
shoulder and found he could not
get it up on his shoulder; it was
too heavy, and he carried it that
way on his arm. and when he gets
to the little dressing room In the
metal department, he let the body
fall, and he didn’t know if any
body heard film, and when he let
her fall, he Jumped and he was
scared and gaid:
(Conley) “Mr. Frank, you’ll
have to help me with this girl.
She Is heavy.” Frank come9 and
runs down there from the top of
the steps, and after he gets down
there, he caught her by the feet
and Conley laid hold of her by the
shoulders, and when they got her
up that way they backed, and Mr.
Frank kinder put her on Conley.
Frank was nervous and trem
bling. too, and after walking a
few steps, Frank let her feet drop,
and then they picked her up and
went to the elevator and set her
on the elevator, and Frank pulled
down on one of the cords and
the elevator would not go
Frank: “Wait, let me go in the
office and get tli 0 key.” '''rank
goes in the office and gets the
key and comes back and unlocks
the storage box and after that he
started the elevator down. The
elevator went down to the base
ment.
Frank: “Come on.” He opened
the door that led there to the
basement in front of the eleva
tor (there is no such door) and
carried her out and laid her down,
and Conley opened the cloth and
rolled her out there on the floor,
and Frank turned around and
went on up the ladder. Conley
carries the body back to where
the body was found. Conley goes
around In front of the boiler
takes out a cigarette and majeh
and hands Conley box of cig
arettes. Conley lights cigarette and
goes to smdking and hands Frank
back box of cigarettes. Frank
puts cigarettes back in his pocket
and then takes them out.
Frank: "You can have these.”
Conley reaches over and takes box
of cigarettes and sticks them in
his pocket.
Frank: “Can you write?”
Conley: “Yes, sir, a little bit.”
Frank takes out his pencil and
sits down. Conley sits down at
table and Frank dictates notes,
Conley taking the paper that
Frank gave him. Conley writes
one note and Frank told him to
turn over and write again. Con
ley turns over paper and writes
again.
Frank: “Turn over agafti.” Con
ley turns ever again and writes
on next page.
Frank: “That is all right.”
Frink reaches over and gets a
gre*n piece of paper and tells
Conley what tp write and L’onley
writes. Frank takes and la> s it
on Ills desk and looks at Conley
smiling and rubbing his hands.
Runn his hands into his pocket,
pulls out a roll of bills.
Frank: “There Is $200.” Con
ley takes money and looks at It
a little bit,
Conley: "Mr. Frank, ron’t you
pay another dollar when that
Don’t you w’orry about this thing.
You just go back to work on
Monday like you have never
known anything and keep your
mouth shut. If you get caught
I will get you out on bond and
send you away.”
Conley: “T >at is all right, Mr.
Frank.” (Pause.)
Frank: “i am going out home.
Continued on Page
4, Column 1.
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