Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 15, 1913, Image 2

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TTTE ATLANTA GEORGIAN AND NEWS. FRANK, WIFE AND MOTHER CALM AS END OF TRIAL NEARS Paint Used in Pencil Factory Made Blood-Like Stains, Employee Says EVERYWHERE YOU GO By Bert Green Continued from Page 1. be kept there until she is called to the witnesse stand. Chief Beavers has issued orders that no one is to be allowed to se her but him- 8If and Mrs. Bohnefeld. As the last witnesses were being called by the defense, Frank, his wife and his mother viewed the proceedings with the same calmness that has marked their demeanor since the trial began, with the exception of the outburst of the mother two days before. On Friday she looked steadfastly downward and slightly toward the judge’s bench as though she might be having some difficulty in maintaining her attitude of confidence and calmness. Likely Not to Call Mincey. As the defense neared the close of its case, the probability of the calling of W. H. Mincey diminished. Mincey is the insurance solicitor who swore that he talked to Conley the afternoon of the murder of Mary Phagan, and that Conley boasted to him of kill ing 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 intubation that Frank might have sought to have dis guised his handwriting when he was asked to write the test notes by the police and detectives. M. 0. 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-examination he showed photographic copies of the notes Frank wrote and asked Nix if it was Frank’s writing. The witness was unable to say. The Solicitor did not suggest any motive in disguising his hand. The Solicitor endeavored to get Joseph Stelker, one of the fac tory foremen, to testify that Frank did not go in to view the body of Mary Phagan when he was taken down 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. When the case was resumed Friday it was very problematical when the defense would finish. According to Luther Rosser, the defense may rest befor^ evening with Leo Frank hav ing told his story on the stand, but Reuben Arnold was of the opinion that the defense still would be put ting in evidence to-morrow. 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 Jit Is said will not content himself jwith merely denying his guilt and explaining his movements on the fatal day, but will go somewhat Into what 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 wisdom of allowing him to go through the ordeal after the strain of the last few months. Dr. J. E. Summerfleld. No. 300 WashingLm street, who said he had lived In Atlanta for nineteen year>» and F. Schiff, No. 38 Fair street, who has lived here for fifty years, were the first witnesses called Friday and both responded favorably to the usu al qunations 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 wimenses—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 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 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 opinions 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 retail 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 working 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. Greenfield was called. Q. Are you one of the owners of th*: 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 reports 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 waited until April 26 to make a requisition for it, would 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 thi9 (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 you Identify that other handwriting?—A. The other 1* mostly figures. It is different from this. Unable to Identify Frank s Writing. Q. Will you say this is not Frank's handwriting?—A. 1 can not identify this writing. Q. Give the jury some reason.—A. The writing of Frank’s which 1 have 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 Franks style of letter writing. The witness was excused and Joseph Stelker, in charge of the polishing and varnisu- ing department at the 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 the white stuff over these spots?—A. Yes; it looked like it might have been a substance we used on the machine, or face powder Q. Is there any red varnish used in the factory? If so. how would it com pare with this?—A. oome varnijn looks like blood. Q. Do you know what that sub stance was?—A. 1 di 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 s* “ these spots on the floor?—A. Yes, all the time. Q. You never would have noticed Girl’s Testimony Mainstay Of Defense Alibi for Frank IL Continued on Page 3, Column 1. i In the presentation of its alibi for Leo M. Frank, the defense probably accomplished more Thursday than it had In all of previous time since the prosecution rested Its case. Frank's lawyers had promised that they would show where Frank was practi cally every minute on the day the murder of little Mary Phagan was committed and would demonstrate that it would have been Impossible to carry out the disposal of the slain girl’s body and the writing of the notes as the negro, Jim Conley, de scribed them. If their alibi witnesses are to be believed, the lawyers appear to have fairly well accomplished this. On the credibility of one young witness, pretty Helen Curran, of No. 160 Ash by street, the whole alibi may stand or fall. She could, of course, be proved mistaken in her statement that she saw Frank at 1:10 o’clock standing at Jacobs’ Pharmacy, White hall and Alabama streets, awaiting a car home from the factory on the aft ernoon of the murder, and the re mainder of the alibi witnesses remain unimpfached, but it would serve to weaken the alibi materially. Apparently Disinterested. She is at once the most Important and the most disinterested of the witnesses who have testified to seeing Frank immediately after the State says the crime was committed. If Frank was at Whitehall and Alabama streets at 1:10 o’clock, it would have been almost beyond human possibil ity for him to have taken part in the disposal of the girl’s body, which Conley said was undertaken at 12:56 and finished about 1:30, together with the writing of the notes in Frank's office. Frank’s father-in-law and mother- in-law testified that he arrived homo that day about 1:20 o’clock, but their testimony, because they are most vi tally interested in the outcome of the case from their ties of relationship, will in all probability have far less weight with the jurors than the ap parently straightforward statement of the girl. The establishing of the alibi for Frank, which was begun early in the week through the testimony of Mr. and Mrs. Emil Selig, was practically completed Thursday, although there were several more witnesses to be called on Friday who had seen him the day of the crime. Times in the Alibi. Thursday’s testimony began wfith the time he went to Montag Bros., Nelson and Forsyth streets, Saturday forenoon. Slg Montag, one of the firm and also treasurer of the Nation al Pencil Company, testified that Frank came to his plant about 10 o’clock and left about 11. Miss Corinthia Hall. Mrs. Emma Freeman, Miss Hattie Hall, Alonzo Mann and others had testified to see ing him in the factory between 11 o’clock and noon. Lemmie Quinn, metal department foreman, the day before declared that he visited Frank in his office at 12:20 o’clock. Mrs. Arthur White, a witness for the State, saw him in his office at 12:30. He went to the fourth floor at 12:50. ac cording to Mrs. White, Harry Den ham and Arthur White. This brought the defense down to the time someone saw him after he left the factory. Miss Curran was called to the stand and declared she saw the fac tory superintendent at 1:10 at White hall and Alabama streets apparently waiting for a street car. This made an interval of but eighteen minutes from the time he was seen by the three persons on the fourth floor of the factory, allowing two minutes for him to walk to his car. and an inter val of but twelve minutes from the time that Conley said they started to carry the body to the basement. Eight of the twelve minutes were spent by Conley in a closet in Frank’s office, according to the negro’s testi mony. Of the remaining four, part were occupied * in disposing of the body and part in writing the notes. Witness Who Helped Build Alibi. Mrs. Albert P. Levy, No. 69 East Georgia avenue, swore she saw Frank get off a car at about 1:20 o’clock and walk to the Selig home, No. 68 East Georgia avenue. Mr. and Mrs. Salig already had tes tified he arrived home at 1:20 and ate luncheon. Mrs. M. G. Michael, of Athens. Ga., said she saw Frank at about 2 o’clock at the home of Mrs. C. Wolfsheimer, No. 387 Washington street, where she was visiting. She said he w r alked on to Glenn street and caught his car for tow r n. Jerome Michael, son of the former witness, saw Frank at the sam e time. Mrs. Wolfsheimer was another wit ness who saw Frank just before he caught his car. She said he was not nervous and bore no scratches or other marks. Julian Loeb, No. 380 Washington street, said that from across the street he saw r Frank stop at No. 387 Wash ington and then go on to his car. J. C. Loeb. No. 445 Washington street, testified that he caught the Washington street car for towm at Georgia avenue at about 2 o’clock. Frank got on, he said, at Glenn street. The car was stalled near the Capitol, and Frank, according to Loeb, got off the car and walked down Hun ter street toward town. Miss Rebecca Carson, a forelady on the fourth floor at the pencil factory, told the jury that she saw Frank in front of Rich. Bros, between 2:20 and 2:25” and that she saw him going into Jacobs' Pharmacy at about 2:50. Harry Denham, who was in the fac tory the day of the murder, testified that Frank came to the fourth floor about 3 o’clock and told him and Ar thur White they could leave. Emil Selig and Minola McKnight had testified previously that Frank came home Saturday night about 6:30. Mrs. M. Marcus, Mrs. A. E. Marcus, M. J. Goldstein and others told of seeing Frank at home Saturday even ing. They said thole was nothing un usual in his demeanor and that he bore no scratches or marks of any sort. He was reading a magazine, they said, and laughed heartily over a story in regard to a baseball umpire. They testified that he retired about 1:30 o’clock. The defense also made good its promise that It would not hesitate to put Frank’s character in issue. Fol lowing its action of the day before, when the first of the character wit nesses were put on the stand, nearly a score of Frank’s acquaintances, some of them his classmates and in structors at Pratt Institute and Cor nell University, were called to testify to Frank's good character. These witnesses for the most pan were excused without cross-examina tion. Prominent citizens of Atlanta also declared Frank to be of good character. Among these witneases were Rabbi David Marx, V. H. Krieg- shaber, Milton Klein and R. A. Sohn. A peculiar situation arose through the calling of Max F. Goldstein and Arthur Heyman as character wit nesses by the defense. Goldstein is a law partner of Frank A. Hooper and Heyman of Solicitor Dorsey, the two attorneys who are prosecuting Frank. Says Conley Told her He Was Drunk One of the startling statements of the day came from Miss Rebecca Car- son. She declared Conley had sworn to her that he was not in the factory the day of the murder—in fact, that he was so drunk he did not know where he was or what he did. Solicitor Dorsey obtained an admis sion from J. R. Leach that cars fre quently run ahead of time >n practi cally all lines. This serves to less ;a in value the testimony of the crew of the car on which Mary Phagan came to town. They swore they never ran ahead of time and that the Phagan girl could not have arrived in town before 12:07 o’clock the day she was slain. Judge Roan threatened Thursday afternoon to clear the courtroom if disorder did not cease. V. H. Krieg- ehaber was on the stand testifying ‘a the character of Frank when laughter at some of the testimonv disturbed the courtroom. Attorney Arnold protested “This is not a side show,” he said. "Must we put up with such disorder?" "Find the man that laughed and put him out. ordered the Judge. “If ther* is any further disorder, no one will be admitted to the trial to-morrow.” $6 WRIGHTSVILLE BEACH. Round trip, Saturday, August 23. Special train, sleepers and coaches. Leave Old Depot 6 p. m. SEA BOARD. Wolfsheimer 114-116 WHITEHALL Special For Gash Only Stew Meat 8c Brisket 10c Pot Roast 15c Rib Roast 17V&C Chuck Steak .... 15c Round Steak .. 17*4c Loin Steak 20c Porterhouse Steak 20c LAMB. Lamb Stew . ...7%c Lamb Shoulder .. 10c Lamb Hind- quarter 12y 2 to 15c Lamb Chops ... 17^2° Lamb Legs 20c Hams, sugar- cured Picnic .14}4c Hams, Star 21c Breakfast Bacon 21c I , Fifteen Tons of Bad Chicken Confiscated CHICAGO, Aug. 15.—The Govern ment to-day was holding 32,000 pounds of cold storage chicken and 66 bottles of imitation champagne. Li bels ordering the seizure were issued after the poultry was traced from Kansas City to Philadelphia and back to Chicago. The report of a Government in spector, said 95 per cent of the fowls were diseased and unfit for food. The imitation champagne was labeled "Extra Dry Champain.” Bankers Again Name Maddox As Delegate R. F. Maddox, vice president of the American National Bank, who represented the Atlanta Clearing House at the conference of bankers with Secretary McAdoo in Washing ton, also will represent the Clearing House at a conference of the Amer ican Bankers’ Association in Chicago August 22. This conference of bankers from all parts of the United States will dis cuss the new currency bill.