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

Below is the OCR text representation for this newspapers page.

t 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 smaller towns in Georgia offer every inducement. If you prefer country or farm life, Georgia offers greater inducements than any State in the Union. Georgia lands work the year round, from two to five crops being gath ered off of the same land 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 FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. Savoy Cafe Grand opening with up - to - date quality and service. All welcomed. Under new manage- ment - 34 Peachtree St. Weak, Nervous and Diseased Men Permanently Cured DR. J. D. HUGHES is an experienced spe cialist. Dr. Hughes successfully treats and permanenUy cures Premature Weakness, Blood Poison, Kidney, Bladder, Proa- tatie and Contracted Diseases and all Chronic and Private Diseases cured In a few days, Varicocele, Hydrocele, Stricture, Piles and Fistula. I am against high and extortionate fees charged by some physicians and spe clalists. You will find my charges very reasonable and no more than you are able to pay for skil’ful treatment. Consult me in person or by letter and learn the tVuth about your condition, and perhaps save much time, suffer ing and expense I am a regular graduate and licensed, long estab lished, and reliable. For 30 days my fee will be Just one- half what other specialists charge, or Weekly or Monthly Payments Ac cepted. FOR BLOOD POISON I use the marvelous GERMAN REMEDY, "606" or "914," and such improved remedies used for the cure of this disease. No detention from work. For Weak Men, Lymph Compound, combined with my direct treatment, restoring the vital forces to the fullest degree In Chronic Diseases my patients are cured in less time, quickly and I use the latest Improved methods. Consul tation and advice Free. Call or write DR. J. D. HUGHES. Opposite Third Nst’l Bank. 16'^ N. Broad St.. Atlanta. Ga. Hours: 9 a. m. to 7 p. m.; Sundays. 9 to 1. The climate is such that far mers do not have to house stock during the winter, there being good grazingtheentire year. F or raising cattle and stock Georgia offers greater inducements than can be found elsewhere. The soil is suited for almost anything that grows and can be utilized the entire year. The prices at which good farm land can be purchased at present in Georgia are so low that it is a matter of comment — some thinking that the land is not so good as stated. The land is good, but there are thousands of acres that are now lying idle and the good people of Georgia are anxious for good far mers t o come among them. Consequently the land is cheaper here than elsewhere. Information Furnished If there is anythingy ou would like to know about Georgia, a letter to the Real Estate Dept, of Hearst s Sunday American or Atlanta Geor gian will bring just the infor mation you desire without cost to you. Come to Georgia, where life’s worth living. Address Real Estate Dept. Idearst’s Sunday American or Atlanta Georgian