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TUE A'i'LA-NTA GEORGIAN AND NEWS RFAn UK l 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. mm j*ta Jj W i 1/ r) \ tm HUfa m i';Vg ; vv, < y iM ’M 'm. El I I ’ VVT- L . V£to- ter* m •VA I 1/ fya I \ »/ ■mm mm r &&&&&&& 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. M m m ■r i WJ- ji/y v, :: •>,v- m *v ‘Skit'S l.tfullUul'WHiiiWWWlWywil Si wr : ' *-<;«.V> : E«?&SS*SW $ AM* Isa* v . • - * • ’.'* u 1 llV ' i... T' ; -m' mem r * * m A Im teas Jm W m. SKR ml 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 f FITsW-f Mtk IS VT, & ii V I ■S’ ffiKI I&i Jgfa " la rsi ’f/fmw * iff} ft 7 yy i lift fikfi PI. tarn oiotharA. 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 ilm 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. Cash Grocery Co. 113 Whitehall LArtUE, RIPE, JUICY Lemons, doz. 10c 301 Cash Grocery Co., 118 Whitehall Meadow Gold, Brookfield or Parksdale butter, pound IMPROVED ROOFLESS PLATE Made of gofd or aluminum, ne gumi, no roof. Truly Nature'a du- R llcata, made only by ue. Perfect t or no pay. GOLD CROWNS WHITE CROWNS BRIDGE WORK 20-YEAR GUARANTEE We wifi continue to make our Whalebone Bverv ■tick Suction Plate for $3.00. The lighteat and atrongear plata known. EASTERN PAINLESS DENTISTS 3‘, M JSCTLS5S I.—,,,,. .IP I. R. B. 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