Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 16, 1913, Image 2

Below is the OCR text representation for this newspapers page.

THK ATLANTA GEORGIAN AND NFTTS. RED-STAINED CLUB AND PAY ENVELOPE ARE SHOWN TO JURY Pinkerton Detective Says He Found Spots on the Floor Near Cubby ■■■ Continued from Pag* 1. apart from your families. This duty is one of the burdens of good citizen ship. You are here because you have measured up to the responsibility. If there was any way to relieve you I would, but you are under oath and so am I. Be very particular about your health. Be select in what you eat. Make the Sheriff exercise you as much as possible. I hope we will be able to wind up this can* soon.” Mother Deniei “Wealthy" Relatives. Mrs. Frank declared Frank's rela tives were of only moderate means. Solicitor Dorsey did not spare the de fendant's mother in his cross-exami nation. He sought to show that Frank's parents in reality were wealthy and that Conley's quotation of Frank’s alleged remarks about hi* “wealthy foliks” wus quite plausible She said the source of the Income of herself and her husband was the in terest on about $20,000. They paid $000 for their home in Brooklyn and assumed a $6 000 mortgage on th« residence. ‘To whatb usinesn is your hus band?” the Solicitor asked her. “Hs is not in business at present.” “Ah, he’s a capitalist. Is he?" kald Dorsey. Mrs. Frank replied that th^s was not mo and added Inter that her hus band was broken down in health and that this was the explanation of his beUig oat of business at present. Mrs. Frank was shown a photo graph copy of the test note Frank wrote ft$r the detectives which Dor sey had intimated was written in a disguised hand. f "That's my son's writing.” she ex claimed, as roon as *he saw the pho tographic copy. “H4 wrote me every week and I know his handwriting' Mother to Son's Aid. A hushed crowd leaned forward ex pectantly as ihe aaddened woman, whose outburst of anger against So licitor Dorsq^ was one of the sensa tions of th* ‘Trek. took her place in the witnestf chair. The prisoner and his wife wore the same c^ol, unflinching demeanor. Frank sept his eyes on his mother, Luther Z. Rowser questioned Mrs. •JJranlf. Mrs Frank, you said you lived In Brooklyn? Has your son Leo Frank any rich relatives In Brook lyn?—A. He has not. Q. This letter that was received by him from his uncle, were show you here?—(The small letters were In a ( long envelope—A. Yes, a long paper. i don’t know what It was. Q. 1 show you a photograph letter. Is the writing similar to your eons? —(He handed her the photograph of Frank’s writing for the police which witness Nix could not identify yester day)-—A. That is my son's writing. Dorsey Delves Into Family's Finances. Dorsey took Mrs. Frank for cross examination. Q. Mrs. Frank, you have no diffi culty ih recognizing that as your son's writing, have you?—A. None at all. Q. What were those other papers?— A. A price list, I think. Q. Now you look at the price Hat?— A, No. Q. Who are your relatives in Brook lyn?—A. My sister, Mrs. Bennett. Her husband clerks for my brother-in- law. Q. What does your son-in-law* do? .—A, Ha l« in the retail cigar busi ness. Q. What do your other sons-in-law- do?—A. I don't know, 1 have enough to do to keep up with my own af fairs. Q. What ore your means of sup port?—A. We have a little money out at Interest. Q. How much?—A. About $20 000. Q. Do you own your own home?— A*. Yes. Q. What is it w-orth?—A. I don't know'. We pay about $86 taxis. Q. Well, what does that make It worth?—A. You must understand wo have a large mortgage. Q. How much?—A. About $6,000. Q. Was that about one-third of the cost?—A. More than that. We paid $6,000 and assumed the mortgage. Q. Now, haven’t you more than $20.- 600 out at interest?—A. No. Q What income do you get on that? —A. l>o you want me to tell you everything of my everyday life? Q. 1 want you to answer my ques- ttorts, if you please, Mrs. Frank.—A. All right. Doetn’t Know Frank’s Uncle Is Called Rich. Q. What other relatives have you? —A. Miss Jacobs, a single lady. Q Are these the only relatives your son has In Brooklyn?—A. Yes. Q. Where is his uncle?—A. He lives hi Atlanta. Q. He is supposed to be very 'fealthy?—A. I don’t know. Q. Don't you know he was In Brook lyn Saturday?—A. Not to my knowl edge. Q. Don’t you know what rate of Interest your husband gets on his $20,000°—Ah' AbotK 6 per cent. Q- I>° know how much mei^ey Afcbu are 3 Q. How much interest ai¥ you pay ing on the $6,000 mortgage?—A. Five per cent. Q. How often do you pay if?—A. Once a year. Rosser took the witness. Q. How old is your husband?—A Sixty-seven years. Q. What’s the condition # of his health?—A. Vgry ppor. Q. Too bad to come here?—A. Oh, yes; he is very nervous. The witness was excused and Knox T. Thomas, a c^vll engineer, was the next witness called At this time Mr. Rosser offered the letter of Leo M. Frank to his uncle. M. Frank, as .‘evidence. Arnold ques tioned Mr. Thomas. Civil Engineer Tells Of Measuring Street. Q. At our request did you make *om£ measurements, one from Ma rietta and Forsyth streets to the Na tional Pencil Factory?—A. Yes. Q. How far was it?—A. One thou sand/ and sixteen feet. Q, Did you walk it?—A. Yes. Q, How long did it take you?—A Fphr and one-half minutes. Q. Did you walk from the National Pencil Factory to Alabama and Whitehall streets?—A. Yes. Q. How far is it and how long did it take you to walk It?—A. 821 feet, and three and one-half minutes. Q. Did you walk from Frank’s of fice to Broad and Hunter streets?—A. Yes. Q How far was It, and how long did it take you?—A. A distance of 333 feet, and it required one and three- quarter minutes to walk it. Q. How fast did you walk?—A. My usual gall, rather brisk. Dorsey took the witness on cross- examination. Q. You could have quickened your gait and walked from Marietta and Forsyth streets In two minutes, couldn’t you?—A. Nojt easily. Q. At that rate, how long w-ould it take you to walk a mile?—A. I'll have to figure it—60 minutes. Q. Sixty minutes to walk a mile?— A. No; fifteen minutes. Q. You were more accurate in your measurements than you were with your first answer?—A. Yes. The witness was excused and Miss Corinthla Hall was recalled to trie stand. She was the first of another array of witnesses employed in the factory and scheduled to be called during the day to repudiate the charges of immorality on the part of the prisoner in the plant. Says Conley Delayed Paying Back Money. Miss Hall said Frank’s character was good. She added that she did not know Conley well enough to swear about his character. Dorsey then took the witness on cross-examination. Q. You don’t know- Conley’s char acter?—A. No. Only I loaned him some money once and could hardly get it back. I wouldn’t lend him any more. The witness was excused and Mrs. Emma Clark Freeman was recalled, but did not answer. Miss Ida Hayes, another employee, who works on the fourth floor, testified to the good character of Frank She said she 1 had never heard of any immoral prac tices in tho factory. She would not believe Jim Conley under oath, she added. i Hooper cross-examined her W The principal trouble with Jim Conley was borrowing money and for getting to pay it back, wasn't it?—A. Yes. The witness was excused and Ebla May Flowers, another employee, was recalled to the stand. She testified to Frank’s good char acter and gave Conley a bad record. She said Conley had borrowed money from her and never paid it back. Miss Bessie White, another charac ter witness, was called, but did not answer. Miss Ella Hayes, now an employee of Kress’ stbre, but an em ployee of the National Pencil Compa ny up to the date of the murder, tes tified to Frank's good character. Miss Minnie Foster, an employee in the factory, said Frank’s character was good. She did not know Conley's char acter. Objection by Arnold Upheld by Court. Hooper cross-examined her. Q. Up to this killing, whom did you ever hear discuss Frank’s character? —A. No one. The witness was exucsed> Miss Opie Dickerson was another pencil factory employee to give Frank a good character. Conley's charac ter was bad, she said. Dorsey cross-examined her. Q Where were you on Saturday night, April 26?—A. I don’t remem ber. Q- Were you not with Louise der ation. W ade Campbell and Mr. Dar- ley on that night? Arnold objected and was sustained. Mrs. Emma Clark Freeman was re called to the stand next. She testified to Frank's good character and de clared that that of the negro’s was bad. Miss .Jessie Wallace, another fourth-floor employee, following Mrs. Freeman, said that Frank’s character was good. She stated that she did not know Cona-y well enough to tes tify regarding him. Miss Annie Osborne and Mrs. Ella Thomas, both employees of the pencil factory, also testified to Frank's good character. Mrs. Thomas declared that Jim Conley had borrowed money from her and never repaid it. Miss Bessie Thrnilkill, another em ployee of the factory, said she did not know Frank’s character. Arnold—I mean his reputation. Miss ThraUkill—He was always a gentleman around me. Hooper took the witness. Q. Did you see Jim Conley after the killing?—A—Not that I know of. Q. Did vA hear anything about any DIAGRAM SHOWING MAIN POINTS IN FRANK'S ALIBI \ n FRAJfK Am/7 24c*rTJkO Rjt/DS Cam. /ir Of/rc« . CQRZN72TJA JfALL^Z LMJtU fJ&EMW 11.45A.K A33xmvmA xf /gc/ary- 6.23 Aff (yoef To JrZMMIE QVZNir -12.20 P.M. Y 'YL—i-1—"& f rfej FORSYTH**—^ -TT/:— £ -“vA L_ BROAD Zfrr TVTfZTS Ssi fmr-r o/Zz cm 12.30 T7. t AfAJPY PHAGANT mf 18.09 P.M. AAM7ZS- QUZNZT AmSf 12. »B F.M\ JRZBBCCA CAJZSGW sw*r FFA7VX mf 2.20 R M. XntZ ^ferc *7 £.50 RTflTFHAFL CAWSZT CXK. Aorc. Tar-Atom*. 6.05F.W. g g JfLLEJZ CIZEKA2Z / SW JttiNJZ cxn i5 Garawr l.lO F.M The defense claims it would have been utterly impossible for Prank to have murdered Mary Phagan and disposed of her body in the lapses in time in the alibi they have set up. They also contend that it proves Conley’s story a tissue of falsehoods. Thus, they declare, Conley lied when he said Quinn preceded Monteen Stover and Mary Phajran because Quinn did not arrive until 12:20, just as they charge the negro was caught when he said he saw Mary go in ahead of Monteen because according to State’s Witness George Epps, Mary was at Mariet- "ta and Forsyth at 12:07, while Monteen entered the factory at 12:05. Proceed ing further, the defense attacks Conley’s story of the disposition of the body on the ground that Helen Curran saw Prank at Alabama and Whitehall at 1:10, and Conley says the disposing of the body began at 12:56. The events Conley de scribes could not have occurred in the intervening 14 minutes, according to the defense, because Conley said he was in the wardrobe 8 minutes, and the writing of the notes must have taken at least 6 minutes, according to the State itself. The State will undoubtedly attack this formidable alibi in its rebuttal evidence. blood on the floor?—A. Not until Monday morning. Q. Did you see it?—A. No. The witness was excused, and Miss Allie Denham, Miss Rebecca Sarson and Miss Maude Wright, all em ployees of the pencil factory, spoke highly of Frank’s character. W. D. McWorth, a Pinkerton detec tive, was next called. Under Ros ser’s questioning he said he devoted fifteen days to the Phagan murder investigation, beginning May 12. Q. What did you do?—A. I ques tioned the employees and made a search of the ground floor. Q. What did you find?—A. I found stains by the trapdoor which might have been blood. It w-as on the ground floor. Q. What else did you find?—A. Be hind a radiator I found a good bit of rubbish. There was a heavy cord in the trash. One end \>f it looked like it had Just been cut with a sharp knife. Pay Envelope and Bloody Glub Introduced. Q. What else did you find?—A. In one corner a few inches from the ra diator, I found a piece of pay en velope folded up. It was In a pile of trash. , The torn bit of envelope was in troduced by the defense. Q What did you do with the en velope 1 ’- A. 1 saw the number 186 on It and initials “M. P.” I handed it to officer Whitfield and told him to take it to the light and *ee what it W q 1 ' Did vou find anything else?—A. Yes’ 1 found a big stick lying near the radiator beside some pipes At this point a boold-stained stick was exhibited. Q Do vou know what this stick Is used for?—A. Mr. Holloway said it was a roller on which boxes were moved. ,, q Was there anything odd about it that you noticed?—A. It was stained as Is apparent now—stains that look ed as though they might be blood. Dorsey took the witness on cross- examination. Q. Did you ever see this stick be fore? (The blunt end of a buggy whip was exhibited.)—A. Yes. Q. Where?—A Behind the front door. * Blood Stains Found Around Cubby Hole. Q. Where did you find the envel ope?—A. In the door to the Clark Woodenware department. Q What day?—A. May 16. Q Where did you begin to search? —-A. On the office floor. Q. What did you see on that floor? —A. In the metal department I saw half a dozen stains like the one Mr. Darley showed me by the water cooler y. Did they look like the other stains?—A. Yes. Q. Did you make any search of the office for that envelope?—A. No; 1 was looking for a mesh bag. Q. Who told you to?—A Mr. Scott. Q. You made that search all day. alone?—A. Until 5 o'clock, when 1 was Joined by Whitfield. Q. He searched with you?—A. Yes. Q. You found bloodstains around the cubby hole?—A. Yes. Q. Was that your report to the Pinkertons?—A. Yea. Q. You didn't say anything about blood?—A. I said it looked like blood. Q. How- many stains were there?— A About six or seven. Q. How- large was each?—A. Aboui six or seven inches in diameter. Q. And were they blood?—A. I don’t know; 1 took up the chips. Q. Now, after you found the blood - spots you found pieces of cord around the radiator?—A, Yes Q. The bloodspots led you to that? -A. No. Q. You showed those bloodspots to Whitfield?—A. Yes. Envelope Found Near Trap Door. Q. And while he was examining: the (tains, you picked up a roll of pa per?—A. Yes. Q. And in that roll you found the envelope?—A. The roll was the en velope Itself. Q. Was that envelope lying right out In the open space?—A. Within eight or ten inches of the trapdoor. Q. Were there any other pieces of paper?—A. Yes, one or two little ones. Q. Was it light enough for you to see the number—186—in the right- hand corner?—A. Yes. Q. Has that envelope bee.n changed any?—A. None at all. At this point Attorney Rosser con ferred with Attorney Hooper. Rosser—The officer In charge of the witnesses talks to them, then comes down and reports to Detective Starnes. If It" doesn’t stop, I will make a protest to the court. Hooper—If anything improper Is going on, I wish you would make It public. Solicitor Dorsey, who was standing near the witness, turned and said: "Your honor, we want this matter settled, if they think anything im proper Is going on.” Judge Roan—No complaint has been made. Dorsey—We are bringing it now. The officer came in and spoke tu Mr. Starnes. Dorsey: “If there is any objection, 1 will have Mr. Starnes state what the officer said to ihm.” Asks Schiff Be Sent From Room. Arnold; "We have no objection to make to the court. We Just made a personal request.” Dorsey continued questioning the witness QrThis envelope did not have a fig ure 5 on it did It?—A. No. At this point Solicitor Dorsey no ticed that Herbert Schiff was in the courtroom He addressed the court; “Your Honor,” he said, ”1 want Mr. Schiff to be put out of the room. I will want him as a witness a little later.” Rosser: "We merely want to have him here when we are questioning these witnesses who work at the fac- tory.” Judge Roan: "The witness will have to leave." Rosser: “All rtght, we will go up stairs to confer with him. I don’t care if it takes a month.” Schiff left the courtroom and Dor sey continued to question the wit ness. f Q. Did you show this envelope to Herbert Schiff?—A. Later. Q. Did he identify it as his hand writing? Rosser: "We object. Mr. Arnold is a little excited about a fire close to his building and will be back In a few minutes." Dorsey—Well. I want this witness held until I can examine Schiff. He continued his questioning. Q. Wasn’t there a figure "5" on that envelope?—A. Not any more than there is now-. Hints at Change in Figures on Envelope. Q. Didn’t Mrs. Coleman call your attention to a figure “5?" Rosser objected. Dorsey—This is for the purpose of impeachment. 1 want to show that whei\ this envelope was shown to the Colemans on May 15 it had a figure ”5’' on It. They told the Pinkertons Mary did not get but $1.20 the week she was murdered. Judge Roan overruled the objection. Dorsey—Did any conservation be tween you and the Colemans about a figure "5” takel place?—A* No. Q. Where did you get J^iis informa- man regarding the police. When the tion in your report? (Solicitor Dor sey handed the w-itness a typewrit ten report.)—A. From Mr. Schiff. Q When did you report the finding of this .stick to the police? Rosser objected. Dorsey—I w-ant to show In refer ence to this club, what the head man for the Pinkertons Instructed this police asked about that club, the Pinkertons gave them a little stick. Mr. Rosser has tried to make It ap pear that the Pjnkertone employed at the instance of Frank, went down the road on and on with the police. The jury was taken from the room at the request of Dorsey. Judge Roan—Let me hear your ob jection, Mr. Rosser. I don’t want to hear any argument. Rosser Through Arguing, He Says. Rosser; "I don’t want to argue. I don’t expect to argue here any more. All I want is to have my ob jection recorded. He has tried to Im peach every witness we have put up on the grounds that he did not re port to the police.” Judge Roan: "Mr. Dorsey, yow can ask the witness whether he told any city detectives about the note and the bludgeon, or whether he sought to conceal it. You can not ask him what somebody told him to do.” Hooper: "What we want to do is to show that Pierce is the head of the Pinkertons, and that he controls the policy of the Pinkertons.” Judge Roan: “This man is not re sponsible for what somebody told him." $ The Jury was brought back, and Dorsey continued his questioning. Q. Who is the head of the Pinker tons?—A. H. B. Pierce. Q. Where is Whitfield? Rosser: "I object to that, your Honor." Dorsey: "It is a w-ell-known prin ciple of law that we can ask that." Judge Roan: "You can ask the question.” Q. Where is Pierce?—A. I don’t know. Q. Where is Whitfield?—A. I don’t know. Q. Now how long after you found that club did you report it to the po lice?—A. Seventeen hours. Q. How long after that did you have a conference with the police?— A. Four hours. Q. Now, did you not show Black this stick when you told him about the club?—A. I did not. Q. Were you there when the stick was shown Black?—I was not. Rosser took the witness. Q. Now, is this your report?—A. Yes. Q. Is this your diagram showing the place where you found the club and the pay envelope?—A. Yes. Girl Bursts Forth In Frank’s Defense. Q. You attached this to your report and we now get it from Mr. Dorsey? -—A. Yes. Q. You don’t know whether I erer saw it or not?—A. No. Q. Now, this piec of envelope iv Just like it was when you found It?— A. Yes. Q. If there are any changes, they don’t show here?—A No. The witness was excused, and Miss Mollle Blair, a former employee of the pencil factory, was called as & char acter witness. She did not answer. Miss Cora Barnes then took the stand. Before Attorney Arnold could ntk her any questions, she burst forth into oratory to declare: "We love our superintendent be cause he was a good business man and a gentleman. Her words were Interrupted and when the formal quetfions were pu* as to whether she knew Leo M. Frank, she arose to her feet and said; "I believe Mr. Frank is innocent. He is too good a man and I wish I could make everybody else believe he is innocent. I would be willing to take his place and die for him. I would be glad to die for him.’ Miss Barnes’ spasmodic statements threw the courtroom into a volcanic eruption. As her wjords flowed freely from her mouth, attorneys for both sides sprang to their feet in various attitudes of protest, some shouting their objections at Judge Roan and others in pleading gestures to the w-itness to come to a halt. Yet her words w r axed more eloquent and flowed more freely with each pro test that w'ap registered against them. Spectators in Courtroom Convulsed With Laughter. Sheriff Mangum and Chief Deputy Plennie Miner, with a dozen depu ties, strove for several minutes in the courtroom crowd. Several spec tators were so convulsed with laugh ter that they were compelled to leave the courtroom. One man of large avoirdupois threatened to l.o into convulsions. Following the restoration of quie tude, the witness was excused with out an attempt to question her. Miss Ethel Stewart, a telephone op erator and a former employee of the pencil factory on the fourth floor, was next called and testified to Frank’s good character. Miss Irene Jackson, an attractive young woman, a daughter of County Policeman A. W. Jackson, and a for mer employee of the pencil factory, who stated that she left there the day of the murder, was the next witness. On direct examination the witness testified that Frank’s character was good. Dorsey cross-examined her. Q. Did you ever hear any of the employees say anything about Frank? —A. They seemed to be afraid of him. Q. How?—A. They would always work hard when they saw him com ing. Q. Do you recall Emily Mayfield?— A. Yes. Says Frank Looked Into Dressing Room. Q. Where does she work?—A. She worked at Jacobs’ until Easter. Q. What about that dressing room incident you told Mr. Starnes about In the presence of your father?—A. Emily Mayfield was in the dressing room one day and Frank came back there. I was back there to take off my apron. Q. How was Miss Mayfield dressed? —A. She off her dress. Q. Did he come all the way In?—A He opened the door and looked in. Q. Did he laugh?—A. I don’t know. Q. Did you threaten to quit?—A. Yes. Q. To whom?—A. Mr. Darley. Q. What did he say?—A. He said that we girls should stick together and that we would not lose anything by it. Q. You told your father about it?— A. No. my sister did. Q. Did you hear anybody but Miss Emily Mayfield talk about Frank go ing into this dressing room?—A. Yes, I heard about it. Q. Who told you?—A. I don’t re member. I heard them talking about him going into the dressing room two or thre^ times. Q. What did Frank do when he came into the dressing room?—A. He walked in, turned around and walk ed out. Q. Were you In there?—A. Yes. Q. You have told me of two times. Have you heard of any other times besides your sister and Miss May- field?—A. Miss Mamie Kitchens and I were in there one day when he came in. Q. Did you hear the girls talk about other times?—A. Yes. Q. Where were they?—A. I don’t remember. Q What else did you hear abo Frank besides the fact that he w into the dressing room and stared at the girls?—A. Nothing. Arnold took the witness on re-direct examination. Q. How long did you work in the factory?—A. About three years. Q. You were willing to work on there after this?—A. I had some bills to pay and I wanted to get the money Papa wanted me to quit. Q. The murder was the real reason you quit, r w-asn’t it?—A. Papa said he didn’t want me to work there, so I quit. Q. Didn’t you hear Frank Issuing an order about the girls flirting through the fourth story window? Dorsey objected and was sustained. Q. What street did those windows look out on?—A. Forsyth street. Q. People were constantly walking along the street, were they not?—A. Yes. Q. Did any rule or order come to you against flirting out of the win dow?—A. There w-ere orders against it. Q. Frank never came into the room. He Just came to the door and turned away?—A. He pushed the door open and looked in. Q. Did he ever come in?—A. No. Girls Partly Undressed When Frank Looked In. Q. Which time was it you w-ere not fully dressed?—A. When 1 was Mamie Kitchens. Q. The other times you were dress ed fully?—A. Yes. Q. How were you when you were with Miss Kitchens?—A. I had off my top dress and was preparing to put on my street dress. Q. You had on your underskirt?—A. Yes. Q. Were any of the girls anywhere nude at any time he came and look ed in?—A. itfb, sir. Q. When was this?—A. Last sum mer. Dorsey took the witness on recross- examination. Q. How soon after Frank opened the door on your sister did she quit? A. She wanted to quit right t^en, but the forelady persuaded her not to. Q. There was no way he could tell before opening the dressing room door how near any of the girls were to be ing undressed?—A. No, sir. Q. It was near to the dressing room wasn’t it?—A. Yes, sir. Arnold took the witness. Q. What time w-ere you girls ex pected to be at work?—At 7 o’clock. Q. What time was it Frank came to the door?—A. Ten or fifteen min utes after 7 o’clock. Dorsey took the w-itness. Q. You never flirted with anyone out of the window?—A. No. Q. Did the forelady come in?—A. No. Q. Did you ever see any signs around there not to flirt?—A. No. Q. Did you ever hear Mr. Frank say anything about flirting?—A. I heard him say something once. Smiled or Made Face at Girl. Q. Well, )Vhen he stood in that dressing roorri door and smiled did he— \ Arnold: "Ydur honor, she never said anything about sm/ling.” Miss Jackson: “He never asked me.” Dorsey; “Well, I am asking you now; did he smile?”—A. Y s, su'iil- ed, or made some kina of face it Miss Mayfield. Q Did he say anything? -A. ,Xo, just looked at her and walked but. Q. He never said anythir.gTabout flirting?—A. No. The witness w-as excused aijd Mar- lee Branch, a reporter for 'Inc At lanta Journal, was called to th stand. Arnold questioned him. Q. Do you recollect having Jan in terview with Jim Conley?—-A K\ s. Dorsey: "The story of his Actions Is practically the Same.” Judge Roan: “He can go an far as this evidence is similar. Tlx- jury can tell whether it is the same or not.” /' Rosser: "It Is the duty of tUqi Judge to pass on it before it goes* to the jury." ' Q. I call your attention to this In terview of May 31. Read it j>yer and tell the substance Before Mr. Branch had replied, Mr. Rosser questioned him. Q. I will get you to stat« whether Conley said anything ^bout feeing the little girl’s purse?—A^He did not. “Took 30 Minutes M Take Body tc B.isentwi^r Q. Didn’t he say It took b mln<- utes to get the body dowiiCHw the basement ?—A. Yes. Q. I will ask if he didn't say Lem- mie Quinn got to the factopr a er 12 o’clock and stopped eight oilnin min utes?—A. Yes. ’ Dorsey took the witness on crois- examination. Q. Was he positive about the tin —A. I tried to get him to be as d< nlte as he could, but he qualified statements with the word “about.” Q. Did you get this intervi§ fore or after Conley w-hat he said was 1 crime at the factory i or three days after. 1 Q. Did you see himl performance at the fall Rosser objected. Dorsey—I want to show by t5 witness Conley’s preformanee ag that it was just as admissible as < evidence of Dr. Ow r ens the other g Judge Roan overruled the objeefl Rosser continued to object, on tH ground that Conley hi s told a differ-^ ent story since the interview. Branch went ihr.-ugh the negro's] re-enactment of rbe rum-. H- ent 4 mated the start at 12:18. Rossi-f made another strenuous objection, but Judge Roan admitted the evidence. Branch said that at 1:05 o’clock he left the building and the negro reached the point in his pant< mim| where he wrote the notes in 1 rank'f office. At this point court adjourned unf 9 o’clock Monday morning. Militia treasury Shy $19,000 Needed For Augusta Deb Georgia's military department fai a deficit of about $19,000, due on de made during the Augusta trouble year. The Legislature failed to make' the proper appropriation. The news came out in military cir cles Saturday morning. It became known the appropriation item provid ing for this amount had been killetlk the final shuffle. • In the absence of Adjutant General "tanHolt Nash, who is attending the national rifle shoot at Camp Perry, no official statement was given out Sat urday. But the department heads ar ■ perturbed over the failure to get > ’ appropriation. Lnm A letter was received morning from General Vanlfiolt Nash In which he expressed hopej that the appropriation as requested provided for. According to tion given out In the mi: partment, General VanHolt L had been 1 n forma - ‘cry de ls!; left Atlanta confident that, thij- depart ment would get the appropriation. 'si. Frank Trial Halts ' As Clanging Engines Run to Fire Nearby Proceedings at the Frank $rial were interrupted about 11 o’clock Satur day morning when the fire depart ment was called to Pryor and Hun ter streets. The clanging gongs drowned the voices of the attorneys and witnesses, and for a brief time nervousness prevailed in the fear that' the fire was in the courthouse. Sharp rapping by deputies resto.4 order. The fire proved to be nothing m than smote issuing from a leaky fl on the steond floor of the Broi Building at Pryor and Hunter street: IF ED. RESTUFUS. rjrRVO us Tak< Hor*ford’» To qulel *H1 atreno refrtreep* 11 1 fijarve-a and indue* i*lly recommended. Adr. YOU SHOULD WEAR , Kryptok Bifocals—light, solid tenses—smooth, unbroken Surfaces —cementing done away with—no clouding. John L. Moore & Sons I make them and will be glad to ex-1 plain these lenses to you. 42 N. fj Broad street. j Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 466 EAST FAIR STREET. at ■ 0UISVILL THROUGH SLEEPERS I*J42 Alt. 5:10 PM. \