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VfTE ATLANTA GEORGIAN AND NEWS.
MOTHER LEAVES COURT TO KEEP FROM HEARING QUERIES
Great Crowd Is Again at Trial Expecting to Hear Leo Frank Testify
10 NOT PEER
NTO GIRLS’ DRESSING
ROOM, WORKER SAYS
Continued from Pago 1.
Pencil Company to the corner of
Whitehall and Alabama atreeta? —A. I
did.
Q. How Ion* did it take you?—A.
Three minutes and twenty seconds
Q. Did you walk from Broad and
Hunter atreeta to the Pencil Factory?
—A Yes.
Q. How long did It take you?—A.
One and one-half mlnutea
The witness wan excused.
Employees of Factory
Character Witnesses.
Miss M. E. Fleming was the next
witness called. She is one of Frank'*
former atenographer* She testified
on direct examination that Frank’s
character wan good. Dorsey cross-
questioned her.
Q Were you ever there on Satur
day afternoon?—A. So, I was off then.
Q Did you ever see Mr. Frank
work on the financial aheet Saturday
mornings?—A. Yea. I saw him work
on it a little.
Mias 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.
Yea
Q. What time?—A. Three to &
o’clock
Q. How often?—A. Almost every
Saturday.
Q. Did you ever see women there
in Frank’s office?—A. No.
Q. Who was there?—A. Frank, Hol
loway. 8chiff and the office boy.
Dorsey took the witness on cross-
examination.
Q. Are you sure Holloway was
there 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 ms
to Franks good character. Arnold
questioned her.
Q. Do you know enythlng about
that dressing room on the fourth floor
and the conduct of the girla there?—
A. I made a complaint about the girls
flirting out of the window.
Doraey 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
Haa? talked to me.
Registered Complaint
About Girls Flirting,
Q. What did 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 to complain to Mr. Darley.
Q Who was flirting?—A. I don’t
know. It was only talked about the
floor.
Q Who was tslking about It?—A.
Several of the girls were talking about
it.
The witness was excused and Miss
Aftnle Howard, who hue worked at
the factory for fourteen months; Mins
Lillie May Goodman, an employee
on the second floor for over a year;
Miss Cora Cowan, an employee for
four years, and Mias B. D. Smith, an
employee of four years' standing, tes
tified to Frank’s good character. Miss
Jimmie Mayfield, another employee
of the factory, said she was 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
acquainted with his character Mrs.
Zilley Spivey, an employee of the
pencil factory for more than four
years, said Frank s character was
good as far as she knew. Mrs. Min
nie Smith and Miss Grace Atherton
testified to Frank's good character
Both are employees of the pencil
factory.
Miss Ethel Barber, 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
^J'rank character.
ps Marjorie McCord, another vm-
a S
ployee, said Frank’s character was
good. Dorsey cross-examined her.
Q. What do you understand by his
general character?—A. H«* was al
ways a perfect gentleman.
Q. Are you talking about what
you heard or what you know?—I am
talking about what I know.
The wltnesse was excused and R.
F 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 leaat 1 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’rith. After conferring
with the attorneys for the State, Mr.
Arnold said lie knew the evidence was
irrevelant 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-
zlation."
Judge Roan ruled that the details of
the organization were inadmissable.
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. 8. A. Wilson testified that
Frank’s character was good. On
cross-examiatlon she stated that she
had never heard anything against
him.
Mias Lena McMurtrey, a girl in
short dresses, said she had only
worked at the factory for a short
time and did not know Frank’s char
acter.
Mrs. Mary Bolton said sh® worked
at the factory for si xmonths 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
Lee, a young man employed in the
factory, said Frank’s character was
good. Lee said he had heard nothing
against him.
Dorsey cross-examined him
Young Man Denies
He Signed Statement.
Q You said the other day you
Rave a written statement about Duf
fy getting hurt?--A. Yes.
Q. Have you seen that statement
to refresh your memory?- A. Yes.
Q. 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 thni
they put. in that statement?—A. I
told them how he got out on the
right forefinger,
Q. Was there anything in the
statement about him getting out
while putting on a braas 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. Hue Frank, mother of the
defendant, held her hands over her
ears to keep from hearing. After the
jury went out she aiso retired. Mrs
l.eo Frank retained her seat by her
husband.
Never eHard of Frank
On Car With Girl.
Q. You say you have never heard
anything burl about Mr. Frank?—A.
No.
Q You’re sure you never talked to
H. Stanton and H. M. Baker, in charge
of a car, that Frank had a little girl
with him and tried to get her to get
oi. 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 tb«
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. wax caleld to the stand.
Arnold questioned her.
Q. Were you ever in the dressing
Dorsey has
shown re
markable
all-round
ability.
Solicitor Dorsey
Hammering Down
Point for State
the State, as Conley was stopped sev
eral times in his narrative and was
asked on other occasions to stop and
illustrate the position of the de.it!
girl's body. The interruptions served
to lengthen the tim* that the negro
took in going through the impressive
drama.
The Solicitor f.om the witnesses yet
to be examined will seek to show th *t
these Interruptions consumed an ex
ceedingly large share of the time,
and that the time occupied in the a
tual reproduction of the events of the
day of the traced/ was comparatively
brief.
A number of character witnesses
were still to be called by the defense.
If Frank's lawyers still were of the
intention to omit no one who might
help the case of the accused man, it
was^certain that most of the day
would be taken up with the testimony
of the character witnesses who had
not as yet been examined.
The defence also had planned to 40
into a number of interviews that
were published during tha progress
of the investigation into the murder
SULZER m TO
OWE
Each Sends Representative to
Open Bids on $1,000,000 Cap
itol Construction Contract.
ALBANY, X. Y., Aug. 18.—Force?
were marshaled to-day for another
week of bitter warfare in the fig'nt
between Governor William Sulzer, the
impeached Executive of this* State,
and Lieutenant Governor Martin H.
Glynn, for possession of the guber
natorial prerogatives pending Mr.
Sulzer’s trial on charges of high
crimes and misdemeanors next month.
A physical clash between the two
aspirants was expected to-day at a
meeting of the Trustees of Public
Buildings, which was scheduled to
open bide* for $1,000,000 worth of work
on the burned portion of the Capi
tol. Under the law the secretary of
the Governor i» a member of the
Trustees of the Public Buildings.
Chester C. Platt, private secretary to
Mr. Sulzer, was designated to go to
the meeting and receive the bids
turned in by State Architect Pilcher.
Lieutenant Governor Glynn, who
claims to be the constitutional acting
Governor, directed his secretary.
Frank A. Tierney, to get the bids and
to prevent them from falling into
Platt’s hand*.
This was Just one of the incidents
in thp tio-up of the State machinery
which involves millions of dollars in
various ways.
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 cro»x-
examination.
Q Do you know Miss Mamie Kitch
ens?—A. Yes.
Q. Do you k... w Miss Irene Jack-
son?—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 ths
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
was introduced Frank would go upon
the stand.
Much Documentary
Evidence Offered.
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 Frank, 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 Pchlff as being made out in the
handwriting of Leo Frank; ten or
ders doted April 26; ten carbon copies
identified by Miss Hattie Hall as hav
ing heen token down and written by
her Saturday morning, April 26; elev
en orders recorded on the house order
hook 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 >f
various convictions of C. B. DaJton.
(The indictment pending against him
was ruled out on (he protest of So
ltcitor Dorsey.) Part of the testimony
of Newt Lee before the Coroner when
he explained the meeting between
Gantt and Frank 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 l
reliability of the test made by Dr I
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 j
Dr. Owens, but failed. When Harllee i
Branch, one of the newspaper men i
who made the trip through the fac- j
tory with Conley, was called to th«-
stand by the kiefense to testify in r€-l
HUGH DORSEY.
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 Gonlev
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 basement.
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 ha had de
scribed on the ground that ht. know
ing the possibility that he might later
be charged with the crime itself,
might probably have hurried through
with it so as to leave the impression
that the deed could have been done
within the time that F'rank was in
the factory between 12:56 and the
time he left for home.
Dorset argued that the Judge had
let in an experiment by persons who
knew- of the allered 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.
Victorious In this legal skirmish,
the Solicitor was ready to press his
advantage when court reopened Mon
day for the fourth week in the trial
of Leo M. Frank on the charge of
murdering the Phagan girl. His
main endeavor was to show the un
reliability of the estimate of Dr.
Owens and his associates in the ex
periment by the defense. He also
wanted to approximate as nearly as
possible the actual time that it took
Conley to reproduce the events, which
the State claims were a part of the
tragedy.
Tests Seem Fair
To Neither Side.
So far as the testimony has de
veloped along this line the time re
quired for the enacting of Conley'*
story does not a^ear to be a fair test
either for the State or the defense.
The testimony alread- in is to the
effect that the elapsed time . rom the
moment Conley entered the factory
building in charge of the officers un
til he went from second floor to base
ment and back again was about 47
minutes.
This estimate is evidently unfair o
mystery in an effort to show that the
detectives from the first have been
obsessed with the idea that no one
else than Frank could have been
guilty of the crime, and that they
have refused to entertain any other
theory or follow' out the possibility
of the guilt of any o her person.
If this phase of the investigation Is
developed, it is likely that Chief of
Detectives Lanford will be called r o
the stand and asked concerning his
attitude throughout the search for
the murderer.
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 will be permitted to go on
the record is problematical.
The defense has fought strenuous
ly the introduction of testimony by
which the State ha« sought to show
that Frank hag 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.
Doors Closed on
Specific Instances.
Since the ruling of Judge Roan,
closing the doors to the introduction
by the State of evidence relating to
particular incidents of alleged mis
conduct. Solicitor Dorsey has been i
unable to get substantiation of his J
charges of immorality before the '
Jurors. The sole exception to thlg was |
in the cross-examination of Miss f
Irene Jackson, one of the defense’s
witnesses. Frank, according to Mias
Jackson, three times to her knowl
edge came to the girl's room, opened
the door and looked in upon the girls
there and then turned and walked
away.
The State will construe this as one
of the indications of Frank’s attitude
toward his young women employees.
The defense will set forth that the
5'oung women were supposed to be at
work at 7 o’clock and Frank loqked
into the room fifteen minutes later to
see whether they had arrived or not.
Tom Lawson Backs
Anti-Tammany War.
ALBANY, N. Y., Aug. 18.—A na
tional campaign against Tammany,
backed by a $2,000,000 fund and di
rected b„ a country-wide committee,
wag indicated to-day in telegrams ex
changed between Thomas W. Law-
son and Lyn J. Arnold, president of
the Knickerbocker Press, of this city.
Lawson, who promised a few days
ago to give $100,0000 and to undertake
the raising of twenty times that sum
for fighting the Tamany organiza
tion, says New York City and State
is under contrbl of "the system" and
that Sulzer’s Impeachment can be
made an opportunity "to let daylight
into the black cave where works the
system's machinery."
" I believe," he adds, “if publicity
is set to work rightly, as it can be
with right men and money, hell will
be to pay for the system before the
Sulzer trial is half over."
Arnold replied, also by wire, that
his paper to-morrow morning will
call upon patriotic men to form
a committee to receive cotributions
and perfect an organization in Sul- I
zer’s behalf.
Life's Worth
Living in Georgia
If you prefer city life, there
are no better cities in the
world than those in Georgia.
If you prefer village life, the
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If you prefer country or farm
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in the Union. Georgia lands
work the year round, from
two to five crops being gath
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each year—crops that are
profitable.
Climate and Soil
Sees Wrath of Lord
In Drouth in Kansas
ZION CITY. ILL., Aug. 18.-
"Kansas and adjoining States have
reaped a harvest of wrath of the
Lord. It will do them no good to
pray for rain. The drouth which has
affectefl the land there has been the
Lord’s direct answer and warning
that he will not send rain to grow
hogs to pollute the people."
This explanation of the drouth in
Kansas, Oklahoma, Missouri and Ne
braska where corn crops were ruined,
was offered by Wilbur Glenn Voli-
ver. successor of John Alexander
Dowie, an the head of Zion City.
Funeral Designs and Flowers
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The soil is suited for almost
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Idearst’s Sunday American
or Atlanta Georgian