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« A vn VTTWR a n cni »» »-'' *’•’.« * VI' * /JV'dlJC 1 A V o»AriT-f;Ff.i«c:i, 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