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TTIE ATLANTA GEORGIAN AND NF’TS.
FRANK; WIFE AND MOTHER CALM AS END OF TRIAL NEARSv
Paint Used in Pencil Factory Made Blood-Like Stains, Employee Says
EVERYWHERE YOU GO
By Bert Green
WHO DO
xey think
IS GUILTY!
V
Continued from Page 1.
h« could get over to the factory during the forenoon and told
Frank so.
“Well, if you can’t get over this forenoon, be sure to come
over this afternoon,” Frank replied, according to Gottheimer.
The witness said that Miss Hattie Hall, the office stenographer,
overheard the conversation.
The defense brought out the salesman’s testimony to raise the
question in the minds of the jurors if Frank, contemplating an at
tack on Mary Phagan when she arrived, would ask Gottheimer to
come to the factory in the afternoon. Miss Hall previously testi
fled that Frank had asked her to stay at the factory to work in the
afternoon.
State Strongly Objects.
Attorney Hooper objected strongly to this line of testimony,
characterizing it as self-serving and improper. Attorneys Rosser
and Arnold defended it on the ground that it was the record of an
actual engagement which Frank had made for the afternoon, some
thing he world have been unlikely to do had he been planning any
crime or wrongdoing.
I ALL ABOUT
j the. BIG P
, MUR.OE.R_
MM t
e»jixs
L—1S- ,.
"SAY- DO YOU think
TheyVe got AKYTMV-3
ON CONLEY ?
don’t too 7
think dorseW ,
, say _ STEVE-TL
LOOKS LIKE. A
mistrial -eh 1
T — "
- ||—tH
Truman McCreary ,a negro
drayman, testified that he fre
quently was at the factory Sat
urday afternoons and that he
never sw Jim Conley watching at
the entrance on the lower floor.
That Dewey Hewell, a 16-year-old
. Kir! who has been brought from the
•litowie of the Good Shepherd In Cin
cinnati especially to testify against
the young factory superintendent,
will be one of the State's most im
portant witnesses, wai learned Fri
day after the girl's arrival in At
lanta, where she formerly lived.
Exactly the nature of her testimo
ny was not revealed. Mrs. Ma r y
Bohnefeld, police matron, who re
turned with the girl Friday noon,
said that she had not talked with
her charge in regard to the matter.
The Solicitor is known to have
about twenty other witnesses whom
he may call in the rebuttal.
Friday’s witnesses were drawn
from many walks in life. Most of
th*m were well known in Atlanta
Some of them had met the defend
ant in a business way, others so
cially. Some had known hlm^ from
their associations with him at the
National Pencil Factory and at Mon
tag Bros Others formed their opin
ion of his character from knowing
him in the w'ork of the N'Nal Brith,
of which Frank is the president.
Solicitor Dorsey for the most part
seemed content until the time when
he should be able to call his own
witnesses in rebuttal. He questioned
a few of Frank's acquaintances
briefly to determine exactly tho
ground they had for their convic
tion of the defendant's good charac
ter. but seldom went further than
that.
The State, if the defense rests Sat
urday noon, will finish with Its re
buttal Monday night or Tuesday fore
noon, 1t is expected.
One of the character witnesses, Ray
Bauer, went through a severe grill
ing at the hands of Solicitor Dorsey.
After he had testified to the gen
eral good character of Frank, he told
Attorney Arnold that he had been at
the pencil fuctory on Saturday aft
ernoons laet January, times when
Frank was said to have had women
in his office.
Solicitor Dorsey inquired of the
witness how' he happened to be sure
of the days he was at the factory and
the time in the afternoon when he
visited there. Bauer said there were
spclal reasons why he recalled the
time on the first occasion in Janu
ary, but could not give an explana
tion that satisfied the Solicitor about
the other times he was there.
Girl Witness
Closely Guarded.
The Hewell girl formerly lived In
Atlanta before her commitment to the
reform institution in Cincinnati. Chief
Beavers stated shortly after the arri
val of the girl that he does not know
what her testimony will be. He inti
mated that the girl’s connection with
the cuso had developed since the trial
began, and that the Solicitor is the
only person who knows Just what she
will testify. Mrs Bohnefeld also de
nied knowledge of what the girl’s evi
dence is to be, declaring that during
•the trip from Atlanta to Cincinnati
the Frank trial was not mentioned.
The Hewell girl was taken to the
matron's ward at police headquarters
immediately upon her arrival in the
city and will be kept there until she
is called to the witness stand. Chief
Beavers has Issued orders that no one
is to be allow’ed to see her but him
self and Mrs. Bohnefeld.
As the last witnesses were being
called by the defense, Frank, his wife
and his mother viewed the proceed
ings with the same calmness that has
marked their demeanor since the trial
began, with the exception of the out
burst of the mother two days be
fore. On Friday she looked steadfast
ly downward and slightly toward the
Judge’s bench as though she might be
having some difficulty in maintaining
her attitude of confidence and calm
ness.
As the defense neared the close of
its case, the probability of the calling
\ GUESS FROM REVIEWIN' THE
L*TEST DOPE THE. T*i
about
St> MONTHS •
V
Boas *
MR~BOSS, — THEY Aint"
^SONHEg PO NOTHIN’ TO
ON LEY.
IS
\THEY ?
BY THE way
JIM — whats
the latest
ON FRANK.J
Fine Summer Suits
For Young Men
Within the range of $20 to $25 many of
the most desirable suits in our house are
listed. They’re smart of style and splendid
in quality. They’re the models that young
men wear and they’re Benjamin Clothes—
that’s saying more than we could tell in a
world of descriptions.
Any suit in the house up to $25, now
Carlton Shoe & Clothing Co.
36 Whitehall Street
of W. H. Mincey diminished. Mincey
is tho insurance solicitor who swore
than ho talked to Conley the after
noon of the murder of Mary Pha
gan. and that Conley boasted to him
of killing a girl. The attorneys for
Frank would not announce definitely
their intentions In respect to Mincey
or with what credence they looked
upon his story.
Solicitor Dorsey brought before the
Jury for the first time Friday the Inti
mation that Frank might have sought
to have disguised his handwriting
when he was asked to w'rite the test
notes by the poliec and detectives.
M. O. Nix, a credit man at Montag
Bros., was called to the stand to
identify Frank's handwriting on the
financial sheet. When Dorsey took
the witness over for cross-examina
tion, he showed photographic copies
of the notes Frank wrote and asked
Nix if it was Frank's waiting. The
witness was unable to say. The So
licitor did not suggest any motive in
disguising his hand.
The Solicitor endeavored to get Jo
seph Stelker, one of the factory fore
men, to testify that Frank did not go
in to view the body of Mary Phagan
when he was taken to identify the
girl. Stelker testified for the defense
that some of the red varnish used in
the factory made stains very much
like the supposed blood spots found
on the factory floor.
The defense continued calling
character witnesses at intervals
throughout the forenoon. None was
cross-questioned yesterday, and all
said Frank’s character was good.
Frank’s Statement
To Be Big Feature.
Frank’s statement on the stand un
questionably will be one of the strik
ing features of the trial. He has
studied the State’s case carefully, and
it is said will not content himself
with merely denying his guilt and
explaining his movements on the fatal
day, buP will go somewhat into w hat
he believes are the weaknesses of the
State’s chain of circumstances.
According , to Frank’s friends, the
prisoner has been anxious for his at
torneys to allow him to be cross-
questioned, but they have doubted the
w isdom of allowing him to go through
the ordeal after the strain of the last
few months.
Dr. J. E. Summerfleld, No. 300
Washington street, who said he had
lived in Atlanta for nineteen years
and F. Sohlff, No. 38 Fair street, who
has lived here for fifty years, w’erc
the first witnesses called Friday and
both responded favorably to the usu
al questions about Frank’s character
put by Attorney Arnold.
No attempt at. cross-examination
was made by Solicitor Dorsey. The
State had an equally imposing army
of witnesses—most of them women—
ready to go on the stand in rebuttal
of the evidence upholding the pris
oner’s character.
A curious problem will arise when
they are summoned. The State can
only ask its witnesses as to the gen
eral character .of the defendant. Just
as the defense has done, and it will be
up to the defense to ask about par
ticular incidents on the cross-exami
nation or rest content with allowing
the opinfons of the State’s witnesses
to go unchallenged In that event it
would be merely one group saying
Frank's character Is good against an
other saying it Is bad. with the Jury
to decide which it prefers to believe.
Another Former.
Office Boy Called.
B. J. Nix, of Marietta, an office boy
for the National Pencil Company
from April to October, 1912. was the
third witness of the morning.
Q. What days were you off?—A. I
was off nearly every Saturday until
September.
Q. What time did you leave on the
Saturdays you worked?—A. Usually
I worked until 4 or 6 o’clock.
Q. Do you recall missing any Sat
urdays when you were supposed to
work?—A. No.
Q Did you ever know’ Frank to
have any women there drinking with
him?—A. No.
Dorsey took the witness on cross-
examination.
Q. When they were w’orking on that
building on Forsyth street, what time
did you leave?—A. About 4 o’clock.
Q. You don’t know whether Frank
had those women there when you
were off or not, do you?—A. No.
The witness was excused and R. D.
Greenfleld was called.
Q. Are you one of the owners of the
Venable Building in which the pencil
company has Its factory?—A. Yes.
Q. Who leased it?—A. Montag
Bros., for a period of ten years.
Q Do you know where the metal
room is?—A. No.
Q. Where is the Clark Woodenware
Company?—A. They occupied part of
the building known as No. 37 For
syth street.
Q. Since Montags have had that
building has any new flooring been
put down?—A. No.
Q. Do you know Leo M. Frank?—A.
Yes.
Q. Is his character good or bad?—A.
It Is very good.
Hooper took the witness on cross-
examination.
Q. Are you closely connected with
the defendant?—A. As landlord and
tenant.
Q. Did you contribute to the fund
for Frank’s defense?—A. No.
Arnold took the witness.
Q Have you ever heard of any such
fund?—A. No.
Arnold, aside, said:
"I wish there was one.**
Montag’s Credit
Man on Stand.
The witness was excused and N. O.
Nix, credit man for Montag Brothers,
was called to the stand. Arnold
questioned him.
Q. Have you come in contact with
the handwriting of Leo Frank?—A.
Yes. I saw’ many of his report* to
Montag Brothers.
Q. Have you a fairly good acquaint
ance with him?—A. Yes. fairly good.
Mr. Arnold showed the witness a
number of financial sheets of the Na
tional Pencil Company, including the
one of April 26.
Q. Whose handwriting were these
made in?—A. All are in the hand
writing of Mr. Frank.
Q. Whose handwriting is that be
low those orders?—A. Miss Hattie
Hall, our stenographer.
Q. Did you employ her?—A. Yes.
Q. Do you know anything about
her getting a raise in salary recent
ly?—A. Yes, I gave her one August 1.
Q. Why?—A. Because I promised
it to her when she first came to work.
The witness identified Frank’s'
handwriting on requisitions said to
have been made out April 26.
Dorsey took the witness.
Q. How do you know it was Frank’s
handwriting on those slips and re
ports?—A. By these reports coming
to me.
Q. You never did see him write one
of these, did you?—A. No.
Q. Did you ever see him write?—
A. Yes.
Q. Doesn’t this order show that it
came in on April 22?—A. Yes.
Q. They would not have w’aited
until April 26 to make a requisition
for it. w’ould they?
Arnold objected and Judge Roan
sustained him.
Q. Are you the brother of the office
boy who has Just testified?—A. Yes.
Q. How long have you been with
Montag Brothers?—A. Seven or eight
years.
Q. Whose handwriting is this (the
witness was handed the phtograph of
a letter)?—A. I can not say. It looks
something like Mr. Frank’s.
Q. Won’t you say whether It Is »r
Is not?—A. I can not say.
Q. Then how can vou identify that
other handwriting?—A The other It
mostly figures. It is different from
this.
Unable to Identify
Frank’s Writing.
Q Will you say this is not Frank's
handwriting?—A. I cau not identify
this writing.
Q. Give the Jury some reason.—A.
The writing of Frank’s which I havo
seen has been mostly figures.
The photograph which Dorsey
showed the witness was of the note
which Frank wrote to the police for
comparison with the murder notes
found beside the body of Mary Pha
gan.
On redirect examination the witness
said he was not familiar with Frank s
style of letter wTiting. The witness
was excused and Joseph Stelker, in
charge of the polishing and varnish
ing department at thj pencil factory,
was called to the stand. Arnold ex
amined him.
Q. Did you see the blood spots
which Barrett found?—A. Yes.
Q. Did you see tho white stuff ovt r
these spots?—A. Yes; it looked like
it might have been a substance we
used on the machine, or face powder.
Q. Is there i.nv red varnish used in
the factory? If so, how would it com
pare with this?—A. oome vami.wi
looks like blood.
Q. Do you know’ what that sub
stance was?—A. I dc not.
Q. Would it have been possible for
the red varnish to have been splashed
out of a bottle to this point?—A. Yes.
Q. Did you ever these spots on
the floor?—A. Yes, all the time.
Q. You never would have noticed
this particular spot if Christopher Co
lumbus Barrett had not pointed it out
to you?—A. I don’t i ink I would.
Q. Were you at the undertaking es
tablishment Sunday afternoon?—A.
Yes.
Q. What impression were you and
Frank under about the Coroner s in
quest?
Dorsey objected and was sustaine i
Q. Do you know’ whether Frank saw
the body of little Mary Phagan?—A.
No.
Q. Did you understand the Coro
ner's Inquest was to be held there?—
A. I heard it was there.
The witness was offered as a char
acter witness and declared that
Frank’s character was good. He fur
ther said that Jim Conley’s character
was bad and that he w’ould not believe
the negro under oath.
Dorsey took the witness on cross-
examination.
Q. What wages do you get?—A. $20
a week.
Q. How long have you been getting
that?—A. A year and a half.
Q. Where are you from?—A. New
York.
Q. Did you know Frank there?—A.
No.
Q. Whom did you discuss Conley’s
character with?—A No one.
Q. Then you don’t mean to tell me
that you are giving Just an opinion?
—A. I was talking about what he had
done to me.
“Then I move to rule It out,” said
Dorsey. “It is nothing but this man’s
personal opinion.”
Judge Roan—I sustain you unde»*
those circumstances.
Q. Did you ever hear anyone say
anything about Conley’s character?
—A. I heard he was In the chain-
gang.
Q. Who said it?—A. I saw’ him my
self.
Q. Frank took him back when he
came out of the chalngang, didn't he?
—A. Don’t you know that a negro is
much better when he comes out of
the chaingang than he was before?
Q Well, what did Conley do to ycu?
—A. I sent him out for 25 cents’ worth
of beer, and when he brought It back
it was half water. I said, “Didn’t you
put water In here?” and he said, "No;
I wouldn’t do anything like that."
Q. How do you know he put water
in the beer?—A. By the taste.
Q. When was this?—A. Last sum
mer.
Q. What time was it?—A. At 10:30.
Q How do you know the time?
Was it your habit to get that bucket
full every day at this time?—A. Yes
Q. What did you do wdth this beer?
—A. I threw it out.
Q. Did you send him again?—A. No.
Q. What time did Frank come to the
undertaker's?—A. A little after 2
HEY - AINT YOU
GLAD YOU AInY
JUROR. - ?
Aint it^\
AN
AWFUL
murder.
MS WEST
l SHOULD)
WORRY
JL
o’clock.
Q. How was he dressed?—A. In a
blue or brown suit.
Q. Who came with Frank?—A. He
came alone.
Q. How big was the room In which
the body w r as?—Fifteen by fifteen.
Q. It was a great big room?—A. Not
very.
Q. What kind of a room?—A. I
never noticed it. I Just looked at
the body and walked out.
Q. How was the door located?—A.
On the right side of the passageway.
Q. How far did you go into this
room?—A. Just to the door.
Q. Describe the body?—One eye was
badly discolored. There was a scar
on the right of the face. The hair was
hanging loose.
Q. Well, go on.—A. I didn’t look so
close.
Q. Who suggested you going to look
at the body?—A. Fritz Yankee.
Q. Didn't you say a while ago that
you sat there two minutes and got up
and looked at the body, and that
Frank arrived three minutes later?-
A. Yes.
Q. Well, explain that to the jury.—
A. I don’t know w'hat time It w r as, I
was so nervous. It might have been
twenty minutes.
Q. How long did it take you to get
yourself together?—A. I haven’t got
ten myself together yet.
Q. When did Frank go in to view
the body?—A. Later.
Q. How much later?—A. It might
have been twenty minutes.
Q. How far did you have to go back
to see the body?—A. You could stand
in the door.
Q. Did the seeing of that body have
any effect on Frank's appearance?—A.
No. he looked just like he does now.
Q. You don’t know whether Frank
went into that room or not?—A. No.
Q. You felt nauseated?—A. Yes.
Went to Morgue
To See Bruises.
Q. Was there anybody connected
with the factory who went back to
the undertaking establishment with
Frank?—A. No.
Q. Can you name anyone else from
the factory who was there?—A. Lem.
mie Quinn.
Q. Now, why did you go there?—A.
I wanted to see who she was.
Q. Didn’t you know it was Mary
Phagan?—A. I heard it when I got
there.
Q. Well, why did you go there when
it would tear you all to pieces?—A.
I wanted to see the bruises.
Arnold—He has already gone Into
that.
Dorsey—Your honor. I want to test
this witness' recollection.
Arnold’s objection was sustained,
and he took the witness.
Q. You are a German, aren’t you?
—A. Yes, sir.
Q. You like to drink your beer,
don’t you?—A. Yes.
Q. You sent Jim Conley after beer
and he brought it back half water,
didn’t he?—A. Yes. and I asked him
if he had put his black mouth where
a white man was to drink. He said
no. and I cussed him.
The witness was excused and P. D.
McCorley. of No. 24 Hampton street,
wno has charge of the cotton seed oil
business of M. Frank, the wealthy
uncle of Leo M. Frank, was placed
on the stand.
McCorley testified to Frank’s char
acter as being good.
Mrs. M. W. Meyer, followed Mc
Corley, and said she had known Leo-*
Frank for five years and that his
character was get. 1.
Mrs. David Marx. No. 354 Wash
ington street the wife of Rabbi
Marx, followed Mrs. Mttyer. Mrs
Marx said that Frank’s character was
very good.
Mrs. Arthur I. Harris. A. L. Guth-
man No. 479 Washington street, and
M. S. Rice, of No. 14 Washington
street, followed each other in rapid
succession on the witness stand as
character witnesses for Frank. They
each declared that they knew the de
fendant very well, and that his char
acter was good.
Mrs B. Glogowskl, who has a
boarding house at No. 499 Washljfc;-
ton street, testified that Frank board
ed with her for several months prior
to his marriage and that his charac
ter was very good.
Mrs. J. E. Summerfleld. a physician;
Mr. and Mrs. L. H. Moss, Mrs. Jo
seph G. Brown, William Bauer, No.
52 Washington street; Miss Helen
Loeb and Emil Dlttler took the stand
as character witnesses in behalf of
Frank. *
E. E. Fitzpatrick, of 105 Sinclair
avenue, Inman Park, foreman of the
shipping department of Montag Bros.,
testified that he had known Frank for
several years and that his character
was good.
Saw Frank
At Montag’s.
J. C. Matthews, a clerk at Montag
Brothers, residing at No. 82 Sinclair
avenue, was called to the stand. Ar
nold questioned him.
Q. Do you recall Memorial Day?—
A. Yes.
Q. Where were you?—A, At Mon
tag's.
Q. Did you see Mr. Frank?—A.
Yes, w’hlle I was there.
Q. Do you know the time?—A. No.
The witness also testified as to
Frank’s good character. He w’as thqp
excused and Alfred Fox. a furniture
manufacturer, was called. He testi
fied as a character witness in behalf
of Frank.
Mrs. Aloph Montae was the next
character witness. She declared she
had known Frank for some time and
that his character was very good.
Dorsey cross-exanimed her.
Q. W T hen did you hear Frank's
character discussed?—A. I have
heard women, as w'ell as my husbani,
End, was called. He testified
Frank's behalf as a character wit
ness. When asked if he knew' Frank's
general character, the witness sAid:
“I will have to answer no. I
know’ him in a business way."
character of the derendant.
Judge Roan—The witness doe
qualify.
The witness was excused and Mrs.
Martin May. Julian Boehm. No. 332
Myrtle street; M. H. Silverman, n
lawyer; Mrs. Mollle Rosenberg, a
trained nurse; Mrs. M. A. Sterne
Charles Adler. Mrs. R. A. Sonn. wife
of the superintendent of the Hebrew
Orphans’ Home; O. J. .Tones, of West
End, an employee of Montag Broth
ers; Mrs. Dan Klein. Nathan Cope
land, an attorney, and Miss Ray
Klein testified In rapid succession as
to Frank’s good character.
Hadn't Heard of
Immorality at Factory.
L. Fin stein testified that he had
was good. M. J. Barnard A the At
las Paper Company, testified also ai
to Frank’s good character. Barnarc,
declared that he had never heard o;
any immoral actions within the pencil
factory.
Mrs. John O. Parmelee, No. 411
Spring street, the wife of a stock
holder in the pencil company, ss
Frank's character and reputatlc
were excellent. Dorsey cross-exam
ined her.
Q. How many times have you
Frank?—A. I have know’n him about
four years. I saw him w’hen I went r x
the factory with my husband aboi:
four years ago.
Q. How many times have you seen
him since?—A. I saw him oi
street and visited him in jail. '
Q. Who ever discussed him with
you?—A. I am a member of the board
of directors of the Sheltering -vrnis.
In that w'ay I have heard of Mr.
Frank and I have atso heard a num-T
ber of Jewish peopl. speak highly cf\
him.
The witness was excused.
Jacob Fox, manager of the chil
dren's department of Eiseman's, next
took the stand and s^iu he had board
ed at the same place with Frank an i
testified as to Frank’s good character.
Marcus Loeb, a manufacturer, tes
tified next to Frank’s good character.
Roy Bauer, a youth, who former!-’
worked at the pencil factory, was the’
next witness. Arnold questioned him.
Went to Plant
Often on Saturdays.
Q. Have you ever w’orked at tho
National Pencil Company with Mr.
Frank on Saturday?—A. Yes; dur
ing the summers of 1909 and 1910.
Q. Have you worked there In lae
last twelve months?—A. No.
Q. Have you been there since you
quit w’orking there?—A. During the
Ohio flood I went there often on Sat
urdays.
Q. Did you find anybody there?—A.
Mr. Holloway, Mr. Darley and Mrs.
Frank.
Did you ever see any women
there?—A. No.
Dorsey took the witness on cross-
examination.
Q. You saw Mr. Schiff there?—A.
Until January. He was in the flood
district then and I went there to find
w’hether there was anv news of him.
Q. Do you remember the time?—A.
$6 WRIGHTSVILLE
BEACH.
Round trip, Saturday, August 23.
Special train, sleepers and coaches.
Leave Old Depot 6 p. m. SEA
BOARD.
Continued on Page 3,
Column 1.
M1|B
Wolfsh&imer
114-116 WHITEHALL
Special For
Gash
1 Only
•
Stew Meat ..
8c
: Brisket
...,10c
Pot Roast ...
...,15c
11 Rib Roast . ..
..17V 2 c
Chuck Steak
.... 15c
Round Steak
■ -i7y 2 c
Loin Steak . .
...20c
Porterhouse Steak 20c
LAMB.
Lamb Stew .
...7y 2 c
Lamb Shoulder .. 10c
Lamb Hind-
quarter 12^2 to 15c
Lamb Chops .
-.i7y a c
Lamb Legs ..
...20c
Hams, sugar-
cured Picnic
,i4y 2 c
I Hams. Star .
....21c
Breakfast Bacon .21c