Newspaper Page Text
FRANK, WIFE AND MOTHER CALM AS END OF TRIAL NEARS !
• *
Paint Used in Pencil Factory Made Blood-Like Slains, Employee Says
Continued from Page 1.
he could gel 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-1
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 would have been unlikely to do had he been planning any
crime or wrongdoing.
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 He well, a 16-year-old
girl who has been brought from the
Home 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, wu 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. Mary
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
them were well known In Atlanta
Some of them had met the defend
ant In a business way, others so
cially. ISome had known him 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 work of the N’Nal Brlth,
of which Frank Is the president.
Solicitor Dorsey fbr the most part
seamed 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, It 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 Frunk, he told
Attorney Arnold that he had been at
the pencil factory on Saturday aft
ernoons last 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
speial 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’a connection with
the case had developed since the trial
began, and that the Solicitor Is the
only jxerson 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 artd will be kept there until she
Is called to the witness stand. Chief
Beavers has issued orders that no one
is to be allowed to see her but him
self and Mrs. Bohnefeld
As the last witnesses were being
called by the defense, Frank, his wif<
and his mother viewed the proceed
Inga with the same calmness that has
marked their demeanor since tin* trial
began, with the exception of the out
burst of tho 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
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 the insurance solicitor who swore
than he 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 woqld 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 lirst time Friday the inti
mation that Frank might have sought
to have disguised his handwriting
when he was asked to write the test
notes by the poliec and detectives.
aM. 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
tho witness over for cross-examina
tion, 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 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 th e 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, 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
torney* 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
Washington street, who said he had
lived in Atlanta for nineteen years
I 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 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 usk about par
ticular Incidents on the cross-exami
nation or rest content with allowing
the opinions of the State’s witnesses
j tA> go unchallenged. In that event It
! woujd be merely one group saying
Frank's character is good against an
other saying it Ls 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
I third witness of the morning.
q. wiiat days wen 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
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 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 ls?—A. No.
Q. Where ls the Clark Woodenware
Company?—A. They occupied part of
the building known ao 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 Deo 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 witpess.
Q. Have you ever heard of any such
fund?—A. No.
Arnold, aside, said:
“I wish there was one.*
Montagu'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 Deo 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 this (the
witness was handed the phtograph «»f
a letter)?—A. I can not say. It looks
something like Mr. Frank's.
Q. Won’t you say whether it ls >r
Is not?—A. I can not say.
Q. Then how can von identify that
other handwriting?—A. The other 1>
mostly figures. It is different from
this.
Q Do you recall missing any sat- Unable to Identify
■days when you were supposed to _ . , ... J
Frank s Writing.
Q Will you say tjds is not Frank’s
handwriting?—A. I >can not identify
urdays when you
work?—A. No.
Q. Did you ever know Frank to
have any women there drinking with
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
compariuon 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 writing. The witness
was excused and Joseph Stelker, in
charge of the polishing and varnish
ing department at thi 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 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 varnish
looks like blood.
Q. Do you know what that sub
stance was?—A. I d< 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
this particular spot if Christopher Co
lumbus Barrett had not pointed it out
to you?—A. I don’t F.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 sustain*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 ther^.
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 ^would 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 under
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 chaingang, 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 you?
,—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. Bast 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 with this beer?
—A. I threw it out.
Q. Did you send him again?—A. No.
Q. What time did Frank come to the
-A. In a
-A. He
At Montag's.
o’clock.
Q. How was he dressed?
blue or brown suit.
Q. Who came with Frank?
came alone.
Q. How big was the room in which
the body was?—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 ai
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 'EVcinlr
on the right of the face. The hair was r rdJ1K
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 what time it was, 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. Dater.
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. Dem.
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 liko 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 Deo M. Frank, was placed
or. the stand.
McCorley testified to Frank’s char
acter as being good.
Mrs. M. W. Meyer, followed Mc
Corley, and said she had known Deo
Frank for five years and that his
character was good.
Mrs. David Marx, No. 854 Wash
ington street. the wife of Rabbi
Marx, followed Mrs. Moyer. Mrs.
Marx said that Frank’? character was
very good.
Mrs. Arthur I. Harris, A. D. 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. Glogowski, who has
ton street, testified that Frank board
ed with ner for several months prior
to his marriage and that his charac
ter was very good.
Mrs. J. E. Summerfleld, a physician;
Mr. and Mrs. D. H. Moss, Mrs. Jo
seph G. Brown, William Bauer, No.
52 Washington street; Miss Helen
Doeb and Emil Dittler 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.
undertaker’s?—A. A little after 2 i boarding house at No. 493 Washing -
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, while I was there.
Q. Do you know the time?—A. No.
The witness also testified as to
Frank’s good character. He was then
excused and Alfred Fox. a furniture
manufacturer, was called. He testi
fied as a character witness In behalf
of Frank.
Mrs. Aloph Monta^ was the next
character witness. She declared she
had known Frank for some time and
that his character was very good.
Dorsey crosfs-exanimed her.
Q. When did you hear Frank’s
character discussed?—A. I have
heard women, as well as my husband,
speak of what a fine gentleman he
was.
The witness was excused and F. F.
Hilburn, No. 22 Inman street, West
End, was called. He testified in
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 only
know him in a business way.”
Dorsey—I object, your honor. He is
not acquainted with the general
character of the derendant.
Judge Roan—The witness does not
qualify.
The witness was excused and Mrs
Martin May. Julian Boehm. No. 332'
Myrtle street; M. H. Silverman, a
lawyer; Mrs. Mollie 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. Jones, of West
End, an employee of Montag Broth
ers; Mrs. Dan Klein. Nathan .Cope
land, an attorney, and Miss Ray
Kiein testified In rapid succession as
to Frank’s good character.
Hadn’t Heard of
Immorality at Factory.
E. Finsteln testified that he had
been in Frank’s employ for more than
a year and that his general character
was good. M. J. Barnard, of the At
las Paper Company, testified also as
to Frank’s good character. Barnard
declared that he had never heard oi
any immoral actions within the pencil
factory.
Mrs. John O. Parmelee, No. 417
Spring street, the wife of a stock
holder in the pencil company. sam
Frank’s character and reputation
were excellent. Dorsey cross-exam
ined her.
- Q. How many times have you seen
Frank?—A. I have known him atom
four years. I saw him when I went tv
the factory with my husband about
four years Ago.
Q. How many times have you seen
him since?—A. I saw him on the
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 Arms.
In that way I have heard of Mr,
Frank and I have aiso heard a num
ber of Jewish people speak highly c*£
him.
The witness was eroused.
Jacob Fox, manager of the chil
dren’s department of Eiseman’s, next
took the stand and i»^id he had board
ed at the same place with Frank anl
testified as to Frank’s good character.
Marcus Doeb, a manufacturer, tea-.*
titled next to Frank’s good character.
Roy Bauer, a youth, who formerly
worked at the pencil factory, was tho
next witness. Arnold questioned him.
Went to Plant
Often on Saturdays.
Q. Have you .ever worked 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 tag
lgst twelve months?—A. No.
Q. Have you been there since you
quit working 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 And
whether there was any news of him.
Q. Do you remember the time?—A.
Continued on Page 3, Column 1.
$6 WRIGHTSVILLE
BEACH. •
Round trip, Saturday, August 23.
Special train, sleepers and coaches.
Deave Old Depot 6 p. m. SEA
BOARD.
Wolfsheimer
114-116 WHITEHALL
Special For Cash
Only „
Stew Meat 8c
Brisket 10c
Pot Roast 15c
Rib Roast 17%c
Chuck Steak .... 15c
Round Steak .. 17%c
Loin Steak -,20c
Porterhouse Steak 20c
< LAMB.
Lamb Stew ....714c
Lamb Shoulder .. 10c
Lamb Hind-
quarter 12i/ 2 to 15c
Lamb Chops ... 17y 2 c
Lamb Legs ..... ,20c
Hams, sugar-
cured Picnic .Uy 2 c
Hams, Star 21c
Breakfast Bacon . 21c