Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 18, 1913, Image 2

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YT1K ATLANTA UEOKOJAN AM) NEWS. MOTHER LEAVES COURT TO KEEP FROM HEARING-QUERIES Great Crowd Is Again at Trial Expecting to Hear Leo Frank INTO GIRLS Continued from Page 1. Blatant—frequently both—working in the office. He asserted he never saw any women there. A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Mon day. and the keenest expectancy pre vailed. It was problematical whether there would be any cross-examina tion. Ordinarily, of course, the ac cused in a murder case merely makes his statement and the Jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him. When court reopened Monday So licitor Dorsey took up the cross-ex amination of Harlee Branch, a re porter for The Atlanta Journal. Took Conley 15 Minutes To Tell Crime Details. Branch was asked: “Can you give any eatlmatc of the time taken in conversation In Conley's re-enactment of the crime?” He re plied that it took about fifteen min utes Q. You never said It was about half the total time, did you?—A. I don’t recall. Attorney Arnold took the witness. Q. You said it took about fifteen minutes to cover the time lost in con versation ?—A. Yes. Q. He began at 12:18 and you left at 1:08? That would be about 5G minutes that you were there?—A. Yes Q. How long w r a» he writing tho notes?—A. Two minutes at the most He did not write fast or slow? Q. How long did he stay in the wardrobe?—A. About one minute. Q. Did you see Conley in the news- papermen’s room here In this court house reading a newspaper since this trial began?—A. I saw him looking at one as though he was reading it. Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain dis tances. Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory?—A. Yes. Q. How long did it take you?—A. Four and one-half minutes Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets?—A. I did. Q. How long did it take you?—A. Three minutes and twenty seconds. Q. Did you walk from Broad and Hunter streets to the Pencil Factory? -A Yes Q. How long did It take you?—A. One and one-half minutes The witness was excused. Employees of Factory Character Witnesses. Miss M. E. Fleming was the next witness called. She is one of Frank’s former stenographers. She testified on direct examination that Frank’s character was good. Dorsey cross- questioned her. Q. Were you ever there on Satur day afternoon?—A. No, I was off then. Q Did you ever see Mr. Frank work on the financial sheet Saturday mornings?—A. Yes. I saw him work on it a little. Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand. Q. Did you visit the National Pen cil factory on Saturdays between July 1. 1912 and May 1. 1913?—A. Yes. Q. What time?—A. Three to 5 o’clock Q. How often?—A. Almost every Saturday. Q Did you ever see women there n Frank's office?—A No. Q. Who was there?—A. Frank, Hol loway. Schiflf and the office boy. Dorsey took the witness on cross- examination. .Q Are you sure Holloway was thWe^at 3 o'clock?—A. Yes The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand and testified as to Frank’s good character. Arnold questioned her. Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there'’ A. I made a complaint about the girls flirting out of the window. Dorsey took the witness on cross- examination. Q Who has talked to you in the last few days about what you were to swear on the stand here?—A. Mr. Haas talked to me. Registered Complaint About Girls Flirting. Q. What dki you tell him?—A. About some of those flippy girls flirt ing out of the window. I have talked it over with Mrs. Carson and we de cided tp complain to Mr. Darley. Q. Who was flirting?—A. I don't know. It was only talked about the floor. Q. Who was talking about It?—A. Several of the girls were talking about It. The witness was excused and Miss Annie Howard, who has worked at the factory for fourteen months; Miss Lillie May Goodman, an employe** on the second floor for over a year. Miss Cora Cowan, an employee for four years, and Miss B. D Smith, an employee of four years’ standing, tes tified to Frank's good character. Miss Jimmie Mayfield, another employe* of the factory, said she wan not fa miliar enough with Frank’s character to testify. Miss Irene Carson, a factory em ployee, testified to Frank's good character. She declared that she was with her sister Rebecca and saw Frank on Whitehall street Sat urday, April 26. She was not cross- examined. Miss Lizzie Word, an employee of the pencil factory; Miss Ida Holmes, who has worked at the factory more than four years; Miss Willie Hatch ett, Miss Mary Hatchett, Mrs. O. Johns, an employee at the factory for four and one-half years, and Miss Georgia Denham, formerly an em ployee for two years, all testified as to Frank’s good character. Girl Employees Give Frank a Good Name. Miss Bessie White also testified in behalf of Frank's character. Mrs. Lizzie Florence declared she only knew Frank by sight and was not j acquainted with his character. Mrs. j Zilley Spivey, an employee of the ' pencil factory for more than four j years, said Frank's character was good as far as she knew. Mrs. Min nie Smith and Miss Grace Atherton j testified to Frank’s good character. | Both are employees of the pencil factory. Miss Ethel Rarher. a young girl, said she had worked at the pencil factory for several years and she did not know Frank's character. Miss Velvey Holland, a pencil fac tory employee, said she knew nothing of Frank's character. Miss Marjorie McCord, another em ployee, said Frank’s character was good. Dorsey cross-examined her. Q. What do you understand by his general character?—A. H e wap al ways a perfect gentleman. Q. Are you talking about what you heard or what you know?—I am talking about what I know. | worked at the factory for a short . time and did not know Frank’s char- , acter. i Mrs. Mary Boltpn said she worked , at the factory for six months about four years ago and that she had ' found Frank to be a perfect gentle-( man. She returned to work at the | factory June 1. Attorney Arnold remarked that he did not think the witness entirely qualified. Mrs. J. Johnson testified | to Frank's good character. Charles J Lee. a young man employed in the I factory, said Frank’s character was j good. Leo said he had heard nothing! against him. . Dorsey' cross-examined him. Q. You said the other day you ' Solicitor Dorsey Hammering Down Point for State Dorsey has shown re markable all-round ability. be Ci irged with the er me itself, j might probably have hurried through ! with it so as to leave the impression ! that the deed could have been done ! within the time that Frank was in the factory between 12; 06 and ttia time he left for home. Dorsey argued that the Judge*had let in an experiment by persons who knew of the alleged events of the day only by hearsay, so whv not ’et in an experiment by a person who actually had taken a part in them. His argu ment won. but the testimony which followed was distirictly favorable to the defense. The State has more than a score of character witnesses to be used in the rebuttal of the testimony given by persons who have sworn to the good character of the young factory superintendent. It Is known that a number of them have sensational sto ries to disclose. What part of their testimony wP 1 be permitted to go on the record is problematical. The defense has fought strenuous ly the introduction of testimony by s to identify it after the noon ; The wltnes.se was excused and R. P. Butler, shipping clerk at the fac tory, was called. Arnold questioned him. Q. Are the doors leading into the metal room of glass or wood?—A. They are wooden with glass 15 by 18 inches in them. Q. Can a man of ordinary heighth see through the glass?—A. Yes. Q. Is Mr. Frank's character good or bad?—-A. Good. Dorsey took the witness on cross- examination. Q How wide are these doors?—A. Six feet. Q. Did you measure them?—A. 1 did. Q. They are down a long narrow passage way with boxes on both sides, are they not?—A. The passage way is 10 feet wide except at one point. Q. Right at the door it is very dark, isn't it?—A. Not so very dark. Q. Do those doors usually stay open or closed?—A. Open. Q. If any one was to sit to the right or left of those doors he could not be seen, could he?—A. A person would have to be at least one foot to either one side or the other. Rabbi Marx Recalled But Not Questioned. The witness was excused and Rab bi David Marx was recalled to the stand to explain the functions of the B’nai B’rlth After conferring with the attorneys for the State, Mr. Arnold said he knew the evidence was irrelevant and he would send the Jury out if the State desired. The State objected. Hooper: "To relieve Mr. Arnold’s mind, 1 will state that it is already definite that it is a charity organ- ziation.” Judge Roan ruled that the details of the organization were inadmissible. Attorney Rosser, with the consent of Solicitor Dorsey, then dictated to the stenographer without the Jury hear ing what he wanted to prove by Dr. Marx. Dr. Marx was then excused. Mrs. S. A. Wilson testified that Frank's character was good. On cross-examination she stated that she had never heard anything against him. Miss I*na McMurtrey, a girl in short druses, said she had only gave a written statement about Duf- fy getting hurt?— A. Yes. Q. Have you seen that statement to refresh your memory?—A. Yes. O You signed it?—A. I never said I signed it. Q. Did you give a written state ment and never signed it?—A. It was written on a typewriter. Q. What did you tell them that they put in that statement?—A. I told them how he got cut on the right forefinger. Q. Was there anything in the statement about him getting cut while putting on a brass roll?—A. No, because I put that on myself. Mrs. J. G. Wardlaw, formerly Miss Lula McDonald, an employee in the pencil factroy for four years, testi fied to Frank's good character. Dorsey—I want to ask this lady some questions which counsel for the defense have already indicated they object to. The Jury was sent from the court room. Mrs. Rae Frank, mother of the defendant, held her hands over her ears to keep from hearing. After the jury went out she also retired. Mrs. Leo Frank retained her seat by her husband. Never Heard of Frank On Car With Girl. Q. You say you have never heard anything bad about Mr. Frank?—A. No. Q. You're sure you never talked to H. Stanton :*nd H. M. Baker, in charge of a car, that Frank had a little girl with him and tried to get her to get | on the car with him, and that he had his arm around her?—A. No. Judge Roan ruled the questions were admissible, and when the jury returned Solicitor Dorsey repeated the questions and received the same re ply. The witness was excused. Frank Siganke, an employee of the pencil company; N. V. Darley, assist ant superintendent, and E. F. Hol loway, the day watchman, testified to Frank's good character. Miss Emmeline Mayfield, one of the girls who was said to have been in the dressing room at the time Frank looked in. was caleld to the stand. Arnold questioned Aer. Q. Were you ever in the dressing room when Mr. Frank came in and looked at you?-—A. No. Q. Were you ever in there un dressed when he came in?—A. No. Dorsey took the witness on cros?- ! examination. Q. Do you know Miss Mamie Kitc.i- 1 ens?—A. Yes. Q. Do you k v Miss Irene Jack- eon?—A. Yes. Q. Do you recall Frank coming into the dressing room one day when either one of these young ladies were in there with you?—A. No The witness was excused, and the defense then introduced documenta ry evidence, including the financial sheet and the model of the pencil fac tory. Attorney Arnold stated to a Georgian reporter that as soon as this •■b* iiii \\ pi. , . llHill DORSEY. was introduced Frank would go upon ♦ he stand. The following documentary evidence was offered: All of the financial sheets of the National Pencil Company from June 1, 1912, to April 24, 1913; the letter from Leo F'rank, dated April 26, 1913, to his uncle, M. Frank, In New York; the data from which the finan cial sheet of April 26 was made; twelve requisitions identified by Her bert Schiff as being made out in th* handwriting of Leo Frank; ten or ders dated April 26; ten carbon copies identified by Miss Hattie Hall as hav ing been taken down and written by her Saturday morning, April 26; elev en orders recorded on the house ord°r book April 26; page 195 of the cash book of the National Pencil Compa ny, covering entries from April 21 to April 26, 1913; four affidavits of Jim Conley; specimens of cabbage pre sented by Dr. Hancock; records jf various convictions of C. B. Dalton. (The indictment pending against him was ruled out on the protest of So licitor Dorsey.) Part of the testimony of Newt Lee before the Coroner when he explained the meeting between Gantt and F'rank on the afternoon of the murder. Dorsey Plans To Use Defense’s Witnesses. Solicitor Dorsey, successful Satur day in introducing testimony as to the actual time It required for Jim Conley to enact his story of the dis posal of Mary Phagan s body at the National Pencil Factory, prepared Monday to continue his examination of the defense’s own witnesses along this line and later to put on witnesses for the State further to discredit the reliability of the test made by Dr. William D. Owens and three other men. The Solicitor made a hard fight to get the evidence in. He made as hard a fight to keep out the testimony of Dr. Owens, but f.\iled. When Harllee Branch, one of the newspaper men who made the tripr through the fac tory with Conley, was called to the stand by the defense to testify in re gard to an interview with the negro, Dorsey, as soon as the direct exami nation was concluded, started to question the witness as to his esti mate of the time it required Conley to go through the factory May 30 and illustrate his version of the man ner in which the Phagan girl's body was taken into the l asement. An instant and strenuous objection came from the lawyers for the de fense. They protested taking the time that it required Conley to go through with the details he had da- scribed on th*» ground that he. know ing the possibility that- he might later which the State ha c - sought to show that Frank has been guilty of grossly immoral conduct. Frank’s lawyers brand these stories as slanderous and untrue. They are able to refute them, they say, by the word of scores of reputable citizens but they asesrt that Frank is not be ing tried on any other charge than that of murder and that, therefore, the testimony in regard to alleged acts of immorality is utterly irrele vant, immaterial and illegal. Other papers Introduced were the testimony of Harry Scott before the Coroner’® inquest and the report of Scott to the Pinkerton detective agency on Monday, April 28. In in troducing this. Attorney Rosser said that he Wanted to introduce it for the purpose of showing that in his first interview with Frank that Frank stated in reply to an Inquiry regarding the metal’s arrival: “No,” and that on the stand Scott quoted F'rank as saying ”1 don’t know” in reply to the same question. That part of Scott’s testimony in which he said he was working: for the pencil factory to fer ret out the murderer and his evidence regarding the interview’ Frank had with Newt Lee at the police station Tuesday, April 29, was tendered; also the proceedings under w’hich Jim Conley was released from the county jail; the testimony of Policeman An derson about seeing the girl’s body from where Newt Lee was sitting in the basement. Lee's Testimony About Tape Submitted. The testimony in which Newt Lee declared that it took F'rank twice as long to put the tape in the time clock the Sunday morning the body was found that it did the first time he was seen to put it in, together with Lee’s testimony on the same point before the Coroner, was also tendered. The defense submitted the plats, the one in which the Selig home is shown and a diagram of all floors of the National Pencil Company building, and the plat from which the measure ments for the paper model were tak en. together with photographs of the Selig home. All went in without ob jection on the part of the State. The personal check book of the defendant w*as introduced to show’ that Frank did not have $200 in his possession the day of the crime. Dor sey objected on the ground that the check book would not prove that fact and that the book had not been identified. Attorney Rosser an nounced he would have to call wit nesses recess. Court then adjourned until 2 o’clock. Shadow of Death on Mary Phagan’s Home. The shadow of death was on the home of Mary Phagan Monday room ing. Her grandmother, Mrs. A. E. Benton, of Marietta, died late Sunday night after having a vision in which she saw’ the slain girl alive and hap- py. Mrs. Benton had been visiting the Coleman home. No. 704 Ashby street since the trial of Leo Frank be gan. She was confined to bed the sec ond day of the trial when the details of the finding of the body were re hearsed. “After my mother was confined to her bed her one hope was that she would live until the end of the trial,” said Mrs. Coleman. Poor little Mary was her favorite grandchild and she never ceased talking about her.” Mrs. Benton is survived by two daughters, Mrs. J. TV. Coleman and Mrs. J. W. Barmore. of Marietta, and four sons, Jack Benton, of Riverside, and Hardy. Thomas and Durell Ben ton, of Atlanta. The funeral arrange ments have not been completed. Phagan Jurors Dwell Together in Harmony. The Jury In the F'rank case Is in ideal one so far as their personali ties are concerned, according to Chief Deputy Sheriff Plennie Miner. “These men are considerate of each other and there has not been a sin gle kick yet,” said the deputy. “They retire at practically the same time and arise in the same manner Th'S is different from most Juries, on w’hich there are oftentimes cranks. One man will retire at 7 and the next one at 1 o’clock. One man will want a Boom on the first floor and the other one w’ill want to sleep on the roof. “They are a cheerful lot, and there is never any discussion as to what they will do. If one wants to go for a walk, all are ready. There has b. en no kick on the food or the censorship of their mail and reading matter. If these men are as ideal at home <s they are on the Jury, all must have happy homes.” Diver Hits Bottom At Lakewood and Is Seriously Hurt For the second time in five weeks, a bather at Lakew’ood Sunday dived from the bathhouse platform Into three feet of w’ater and was rendered unconscious by striking his head on the bottom of the lake. Five weeks ago Martin Cornellison, of the Southern Bell Telephone Com pany, remained under water fifteen minutes. R. H. Smith, 32 years old, of No. 184 South Forsyth street, •yes terday was at the bottom of the lake ten minutes before his plight was discovered. Captain B. H. Schlomberg rescued both bathers. He pulled Smith out after the young man failed to come to the surgace, and worked over him for twenty minutes, assisted by Life- Savers George L. Dantzler and Fred Norris. later Smith was taken to the Tabernacle Hospital. It is not thought that any serious results will follow. IK PM Steel Magnate Says the Young Man Has Risen to the Situation. Special Cable to The Atlanta Georgian. LONDON, Aug. 18.—Henry C. F'rlck, w’ho is staying at the West End Hotel, broke his rule of never giving an interview in favor of tiro Hearst pa pers. “Whom do you regard as the late Pierpont Morgan’s successor in the financial world?” he was asked. "I think his ?on,” answered Mr. Frick.” He is a most able man, a highly conscientious, great worker. In taking over the reins he has- cer tainly risen to the occasion, and sit uation I have the utmost confidence in him and believe he will wear his father’s mantle with the greatest credit to himself and to the country generally.” ‘‘What do you think of the general business conditions in America?” "I am an optimist. I am always a firm believer in our country. I see absolutely no reason for alarm at the present moment. A general feeling of hopefulness seems prevalent. The crops promise w’cll, and good, aver age crops should give a strong im petus to trade and Insure continued prosperity.” “What, in your opinion, is most needed to give business a boost?” “The one greatest need is for a let up In Governmental lawsuits and in terference which continually threaten capital and inevitably create a at mosphere of general uncertainty and mistrust.” “What do you think of the effects of the tariff bill?” “I don't believe It will lead to any great business disturbance. Its ef fects have been largely discounted, and our country is big and prosper ous enough to quickly shake off any unexpected evil result.” "Can you say anything about the new currency bill?” “I have not made a special study of it, but I believe it must, in any event, be an improvement on the present system.” Wilson’s Appointee Attacked in Senate WASHINGTON, Aug. 18.—It is un derstood the nomination of Preston McGoodwin, of Kentucky, to be Min ister to Venezuela will be rejected by the Senate Foreign Relations Committee. Democrats oppose him on the 1 ground that he is not a Democrat Republican members say they care nothing about his politics, but the nominee is not fitted for the post. ‘Roosevelt Dead One,’ Guards Change Name MILWAUKEE, Aug. 18.—Asserting that "Roosevelt is a dead one,” the Milwaukee Roosevelt Guards, a Jewish organization, voted to change the name to the Milwaukee Hebrew' Guards. Government to Test Food at Ellis Island WASHINGTON, Aug. 18.—Charges that bad food is given to immigrants at Ellis Island, N. Y., will be inves tigated at once. Commissioner of Im migration Caminetti announced to day. New Crematory Now Running Full Blast All three furnaces of the new cre matory were in operation Monday. The second and third were com pleted last week and the fact was communciated to the Atlanta Board of Health at Saturday’s meeting. The first furnace has been in use several weeks and is said to have been working satisfactorily. TRAIN KILLS SWITCHMAN. CHATTANOOGA, Aug. 18.—Elbert Lancaster 70 years old, a switch man on the N. C. and St. L., was killed at Ladds, Tenn., when he was hit by the Dixie F^lyer. * SWITCHMAN BANKRUPT. T. C. King. No. 608 Woodward avenue, a switchman. filed a volun tary petition in bankruptcy Monday. He admits liabilities amounting to $527, with assets of $365. TURNER AT ELECTRIC MEET. City Electrician Turner is taking his vacation by attending a conven tion of the International Association of Municipal Electricians in Water- town, N. Y. He will deliver an ad dress on Atlanta’s lieht system. Steamboat Burbs At Memphis Wharf MEMPHIS. TENN., Aug. 18.—Tho Mississippi River packet* Bob Lee, Jr., operating between Memphis and Ash- port, was burned early to-day at the Memphis w’harf. J. S. Parker, steward, was burned seriously. Part of the crew’ Jumped Into the river and waded ashore. BIG SWEET POTATO YIELD. VILALIA, Aug. 18.—The Toombs County soli and climate are ideal for sweet potatoes was clearly demon strated by Farmer Joe Todd, who has just disposed of his experimental acre of potatoes at $1.25 per bushel, which price nets him about $187.50 on the acre. Want Ad Man's Office Is Filled With Interested Contestants. Enthusiasm Evident. The Want Ad Man is about the busiest w r orker in Atlanta to-day, and his office promises to resemble a bargain sale rush for several weeks to come. For the Want Ad Contest is waking up the people and they are growing enthusiastic over the out look. Several organizations are going in for that $1,000 in gold first prize. One of the best-known churches in the city, one of the most popular gentle men’s clubs, a secret order of high est standing and several other organ* Irations have entered and are groom ing for the race. The Want Ad Man’s offices, on the fourth floor of v the F'oote & Davies Building are crowded with contest ants and prospective workers inquir ing about details of the campaign, re ceiving information as to the work, gaining useful hints on how to pro duce results. The contest manager is giving every contestant every aid possible, showing no favorf giving every one an equal opportunity. But the organization contest, though drawing many workers into the com petition, has by no means overshad* owed the individual contest, fot which a five-passenger automobile is first prize. Individuals do not com pete with organizations, and there ara enough prizes offered to give every contestant a splendid chance to wdn. The contest is just beginning—there is still time for everybody to come in and get a fair start. It isn’t every year an opportunity like this one ia offered, and the opportunity is worth looking into. Get in the game! Get in the game? Detector of Short Weights Earns Rest City Inspector of Weights and Measures W. T. Buchanan has been granted a ten days’ leave of absence in which to recuperate. Mr. Buchanan has been active thin summer in bringing guilty persons t.i Justice for misrepresentation o< weights. Last week six Atlanta ice dealers were arraigned before the Re corder charged with violations. Incubator Used to Hatch Rattlesnakes VIDALlA, Aug. 18.—A number o| rattlesnake eggs recently found by a boy near this place have been hatch* ed by artificial process and the young rattlers are doing nicely. They are kept in a cigar box and their owner says that he intends ex perimenting with them to see if they can be raised in captivity. The baby rattlers were about six 1m he? long at hatching and as large ; jnd as a ten-penny nail. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. * $20.95 BALTIMORE AND RETURN VIA SEABOARD. On sale August 22. 23 and 24. Correspondingly low rates from other points. Through steel trains. 3 P-R-I-N-T-O-R-I-A-L-S ® No. 220 The "Test of Advertising must be results!! GOOD PRINTING will make the “test" show a balance on the “winning side" because GOOD PRINTING as it applies to AD VERTISING creates the impulse that GETS RESULTS. We WRITE, PICTURE, PLAN and PRINT camnaigns for SELLING GOODS BY MAIL, and will be glad to submit ideas that will create new business for you. BYRD Phones M. 1560-2608-2614. Printing Co. 46-48-50 W. Alabama, Atlanta. BALTIMORE AND RE TURN—$20.95. On sale August 22, i3, 24. Through steel trains. Seaboard. IMPROVED ROOFLESS PLATE Msds of gold or aluminum, no flumo, no roof. Truly Nature’s du- R beats, mado only by u*. Perfect t or no pay. GOLD CROWNS WHITE CROWNS BRIDGE WORK 20-YEAR GUARANTEE m innHOT 1 Eth w * »oi*»»nao to mako our Whalobono Evor. AUbUol I CTf] ”™n4ot 0t o 0 |oUkn* we’ W '°° Th * "9 ht «* EASTERN PAINLESS DENTISTS ■ —Ifc a. r«u allowed u mua .1. I |. U