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

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I fe ::w- I MHMMm ■ : BHI, \ ji& t&Lt&i-it i V**fo§. TTTF ATLANTA 0EOT?(1 TAN AND VEtrs. SHOWN TO JUR RED-STAINED CLUB AND PAY ENVELOPE ARE Pinkerton Detective Says He Found Spots on the Floor Near Cubby Hoi FRANK’S MOTHER SGI J 1 T FACTORY HELP SCCUSEB Continued from Pago 1. eality / were y’s qi/otatlon •Us J&out hiv 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 ar© 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 case soon ” Mother Denies “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 wealthy and that Conley of Frank’s alleged remarks “wealthy foliks" was qui^f plausible She said the source of tke Income of herself and her husbandf was the in terest on about $2f».oJp. They paid $6,000 for their /A in Brooklyn and assumed a $6 o t) mortgage on th* residence. "In whatb us .ness Is your hus band?’’ the Solicitor asked her. “Hs Is not i'| business at present." "Ah, he’s a capitalist, is he?” said Dorsey. ‘t/M Mrs. Fr/4nk replied that this was not an id added later that her hus band broken down in health and the.’ #th1s w as the explanation of his out of business at present. Mrs. FTank was shown a photo fgraphic copy of the test note Frank wrote for the detectives which Dor sey had intimated was written in a disguised hand. "That's my son’s writing,” she ex claimed, as soon as she saw the pho tographic copy. "He wrote me every week and I know his handwriting.” Mother to Son’s Aid. A hushed crowd leaned forward ex pectantly as the saddened woman, whowe outburst of anger against So licitor Dorsey was one of the sensa tions of the wek, took her place in the witness chair. The prisoner and his wife wore the same cool, unflinching demeanor. Frank kept his eyes on his mother. Luther Z Ro*«er questioned Mrs. Frank. Q. 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?—V WWe-««^nll letters were In a long envelope—A. Yes, a long paper 1 don’t know what it was. Zj. I show you a photograph letter. vD? 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 la my aon'a writing. Dorsey Delves Into Family’s Finances. Dorsey took Mrs. Frank for cross examination. Q. Mrs. Frank, you have no diffi culty in 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 list?—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. He is 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 are your means of sup port?—A. We have a little money out he has in the bank?—A. About $200. Q. How much Interest are you pay ing on the $6,000 mortgage?—A. Five per cent. Q. How often do you pay it?—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. Very poor. Q. Too bad to come here?—A. Oh, yes; ho is very nervous. The witness was excused and Knox T. Thomas, a civil 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. Thomus. DIAGRAM SHOWING MAIN POINTS IN FRANK’S ALIBI! A. W it interest. q. How much?—A. About $20 000. Q. Do you own your own home?— A. Yes. Q. What is It worth?—A. 1 don't know. W« pay about $66 taxes. 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- e00 out at Interest?—A. No. Q. What income do you get on that? A. Do you want me to tell you everything of my everyday life? Q. 1 w&nt you to answer my ques tions, if you please, Mrs. Frank.—A. Ail right. Doesn '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 ha* in Brooklyn?—A. Yes. Q. Where Is his uncle?—A. He lives in Atlanta. Q. He is supposed to be very wealthy?—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?—A. About 6 per cent. Q. Do^ou know how much money Civil Engineer Tells Of Measuring Street. Q. At our request did you make some measurements, one from Ma rietta and Forsyth streets to the Na tional Pc*ncfT 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 Four 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, und 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 gait, 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. Not eosHy. 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 w*lth your first answer?—A. Yes. The witness w*as excused and Miss Oorlnthia 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 sw*ear 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 had never Heard of any immoral prac tices in the factory. She would not believe Jim Conley under oath, she added. Hooper cross-examined her. Q The principal trouble with Jim Conley was borrowing money and for getting to pay it back, wasn’t It?—A. Yes The witness was exdUsed and Eula 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’ store, but an em ployee of the National Pencil Com pa ny up to the date of the murder, ie.s- tlfled 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. 1 don't remem ber. Q Were you not with I^ouise Oer- shun, Wade Campbell and Mr. Hur ley on that night? Arnold objected and was sustained. -Mrs. Emma Clark Freeman was re called to the stand next. She testifi-.vj 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 Conley 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 Thrailkil!. another em ployee of the factory, said she did not know Frank's character. Arnold—I mean his reputation. Miss Thrallklll —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 #)u hear anything about any r rr CQRZN~72fIA 2TAZJ, 11.45A.M- KRA7SK Jeff 2'Aare’TAO Rkos 11.A.M. /or (?/Frce TttU'JK &rj~cve<Z 8.25 AM Goes- /o Jrfon/'gaL E>jro. f-Ttei rO/?STTN^'— 4 ~ 'TFT'.— -2* JV7HTS JFsi&j-r o/Yzc* 12.30 BROAD S’T. t JPE-BECCut CARTON- sw JRAMK 2.20 P. M. 1 1 i £ K J a * 5 ° K r N y it—.Tt jrmr^/tAZL The defense claims it would have been utterly impossible for Frank 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 Phagan because Quinn did not arrive until 12 :20, just as they charge the negro was caught when We 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 Frank 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 hate taken at least 6 minutes, according to the State itself. The State will undoubtedly attack this formidable alibi in its rebuttal evidence. now; did he smile?”—A. Yes, fag smil ed, or made some kind of face at Miss Mayfield. Q. Did he say anything?—A. No, just looked at her and walked out. Q. He never said anything about flirting?—A. No. The witness was excused and Hat- lee Branch, a reporter for The At lanta Journal, was called to the stand. Arnold questioned him. Q. Do you recollect having an in terview* with Jim Conley?—A. Y< s. Dorsey: "The story of his actions is practically the same.” Judge Roan: “He can go as far as this evidence is similar. The jury* can tell whether it is the same or\ not.” Rosser: "It is the duty of the 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 over and tell the substance Before Mr. Branch had replied, Mr. Rosser questioned him. Q. I will get you to state whether Conley said anything about seeing the little girl’s purse?—A. He did not. “Took 30 Minutes to Take Body to Basement.’* Q. Didn't he say it took him 30 min*, utes to get the body down into the basement?—A. Yes. Q. I will ask if he didn’t say Lem- t mie Quinn got to the factory after 12 o’clock and stopped eight or nine min utes?—A. Yes. Dorsey took the witness on cross- examination. Q. Was he positive about the time? —A. I tried to get him to be as defi nite as he could, but he qualified his statements with the word "about.” Q. Did you get this interview be*- fore or after Conley went htrough what he said was his part in the crime at the factory?—A. It was two or three days after. Q. Did you see him go through that performance at the factory?—A. I did. Rosser objected. Dorsey—I want to show by this witness Conley’s preformance and that it was just as admissible as the evidence of Dr. Owens the other day. Judge Roan overruled the objection. Rosser continued to object, on the ground that Conley has told a differ ent story since the interview. Branch w*ent through the negro’s re-enactment of the crime. He esti mated the start at 12:18. Rossef 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 had reached the point in his pantomime w*here he wrote the notes in Frank’s office. At this point court adjourned until 9 o’clock Monday morning. u t I 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 penoll factory, spoke highly of Frank’s character. W. D. Me Worth, 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. y. What did you find?—A. I found stains by the trapdoor which might have been blood. It was on the ground floor. Q. What else did you find?—A. Be hind a radiator 1 found a good bit of rubbish. There was a heavy cord in the trash. One end of it looked like it had Just been cut with a sharp knife. Pay Envelope and Bloody Club Introduced. Q. What else did you And?—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'' - A. I saw the number 186 on it and initials "M. P.” I handed it to Officer Whlttleld and told him to take It to the light and see what it " u" Did YOU find anything else?—A. Yes; I found a big stick lying near the radiator beside some pipes. At this point a boold-stained stick was exhibited. .... y Do vou know what this stick is used for?—A. Mr. Holloway said it was a roller on which boxes were moved. y. 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 thla stick be fore? (The blunt end of a buggy whip was exhibited.)—A. Yes. y. 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 Wooden ware department. Q. What day?—A. May 15. 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. Parley showed me by th© water cooler Q. 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? Q. You found bloodstains the cubby hole?—A. Yes. Q. Was that your report Pinkertons?—A. Yes) Q. You didn’t say anything about blood?—A. I said It looked like blooa. Q. How many stains were there?— A. About six or seven. Q. How large was each?—A. About six dr seven inches in diameter. Q. And were they blood?—A. I don’t know ; I 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. A Yes. around to the Q. You showed those bloodspots to Whitfield?—A. Yes. Envelope Found Near Trap Door. Q. And while he was examining the stains, 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 parcr’’—A. Yes, one or two little ones. <} Was it light enough for you to see the number—186—in the right- hand corner?—A. Yes. Q. Has that envelope been 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 w’ll make a protest to the court. Hooper—If anything improper is going on, 1 wish you would make it public. Solicitor Dorsey, who w r as 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 to Mr. Starnes. Dorsey: ”If there is any objection, I 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. Q. This 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, “I 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 w*ill have to leave.” Rosser: "All right, 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. Q. Did vou 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 1 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 w*ant to show that when this envelope was shown to the Colemans on May 15 it had a figure ’’5" on it. They told ihe 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” take place?—A. No. Q. Where did you this informa- man regarding the police. When the tion in your report? (Solicitor Dor sey handed the witness 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 want 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 Pinkertons employed at the Instance of FTank, 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, you can ask the witness whether he told any city detectives about the note and th© 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 fbr what somebody told him.” Th© 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 well-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. Dorsev? —A. Yes. Q. You don’t know whether 1 ever saw it or not?—A. No. Q. Now, this piec of envelope ip 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 Mollie Blair, a former employe© of the pencil factory, was called as a char acter witness. She did not answer. Miss Cora Barnes then took the stand. Before Attorney Arnold could a *k he- 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 w hen the formal questions were pu‘ as to whether she knew Leo M. FTank. 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 w*ould 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 into the dressing room and stared at the girls?—A. Nothing. Arnold took the witness on re-direct examination. Q. How long did you w*ork in the eruption. As her words flowed freely | factory?—A. About three years. 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 witness to come to a halt. Yet her words waxed more eloquent and flowed more freely w’lth each pro test that was 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 w*ere so convulsed v/lth laugh - ter that they were compelled to leave the courtroom. One man of large avoirdupois threatened to ^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 factorv, 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 FTank 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. Yea. 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 three 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 about Frank besides the fact that he went Q. You were willing to work on there after this?—A. I had some bills to pay and 1 wanted to get the money Papa wanted me to quit. Q. The murder was the real reason you quit, wasn’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 w*as sustained. Q. What street did those window's 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 were 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 were not fully dressed?—A. When I was with 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. No, sir. Q. When w*as 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 then, 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 ^he witness. Q. What time were 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 witness. 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 Militia Treasury Shy $19,000 Needed For Augusta Debt\ Georgia’s military department faces a deficit of about $19,000, due on debts made during the Augusta trouble last 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 killed in | the final shuffle. In the absence of Adjutant General Y VanHolt Nash, who is attending the national rifle shoot at Camp Perry, no official statement was given out Sat urday. But the department heads arc perturbed over the failure to get the appropriation. A letter was received Saturday morning from General VanHolt Nash in which he expressed hope that the appropriation as requested had been provided for. According to informa tion given out in the mil : iry de partment, General VanHolt ;<:■ ■ left Atlanta confident that the depart ment would get the appropriation. Frank Trial Halts As Clanging Engines Run to Fire Nearby Proceedings at the Prank trial 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 restored order. The fire proved to be nothing more than smoke issuing from a leaky flue on the second floor of the Brown Building at Pryor and Hunter streets.* f IF T! RED, RESTLESS*. NERVOUS Take Hor*ford'« Acid Phosphate To <julec ana strengthen the asr;ee and Induce refreshing Bleep it Is especially recommended. Adr. Face at Girl. Q. 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