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' pn^ L v THK ATLANTA liLUKtiJAN AND NEWS. FACTORY BOY SWEARS HE SAW FRANK ACCOST MARY PHAGAN Dorseu Feared He’d ‘Get in Bad’ With Detectives, State Witness Says Continued from Page 2. ^Turner. a farmer, waa called to the (stand. Dorsey questioned him. Q. About March, of this year, Where did you work?—A. At the pen cil factory. Q Do you know this man? (point ing to Frank)—A. Yes. Q Did you know Mary Phagan?— A When I saw her. Q. Did you ever see Mr. Frank talking to Mary Phagan?—A- Yes; on the second floor. Q. What time was It and how long before the murder?—A. About the roidcHe of March. Q. Where was It?—A. In the back part of the building Q. What time of day wa§ It?—A. Just before dinner. Q. Who was in the room besides them?—A. No one else. Two girls came down after I did. Q. What was said?—A. I heard her say she had to go to work, Q. What did he say?—A. He said he was the superintendent of the fac tory—- Rosser: “We object and we want to argue this without the jury.” The Jury was sent out. Dorsey—Let the witness tell what It Is. Turner—Mr. Frank told the girl ho was superintendent < f the factory an 1 wanted to talk to her. She told him she had to go back to work. Mr. Frank then went off. Mary Backed Away From Frank. Q. How was she acting?—A. Sho backed off from him and he walked toward her. Q. How far did she back?—A. Three or four feet. That was all I heard. Mr. Frank turned away. Judge Roan—You can go into this to this extent. You can show wheth er he knew- Mary Phagan. Rosser—This other has nothing o C with It. Hooper—If my brother will just keep still a little bit, we may be able to proceed further. This has another value. It shows familiarity or a de sire for familiarity. Rosser—If your honor Is w ith us. I don’t want to argue. Judge Roan—The question Is whether It can be shown Just how this conversation took place. Rosser—That is not the purpose of this nee Hooper—Your honor Judge Roan—Sit down. Mr. Hoop er The question is whether this will show whether he knew her well enough to know her name. Rosser—This e' ’ nee doesn't show that. Dorsey—Your honor, this witness says this meeting occurred in the same place and near the same spot where w r e have contended the murder occurre* It is the basis for further evidence. Arnold—That last statement let the cat out of the bag. They want to bring out another charge. This whol? case has been beclouded with every charge that could be imagined. Wo have gotten away from the charge of murder and have been made to an swer every conceivable charge. Hooper—I object to that, first be cause it is not true and second be- Wlth 6. S. S. You Can Tall Poisoned Blood to Be Gone. The appearance of boils leads many people to consider them a sign of ro bust constitution They are more apt to signify a condition of sick blood. It sounds queer to take a blood bath, but that Is precisely the effeot when you use that remarkable rem edy, S 8. S. It ha6 the peculiar ac tion of soaking through the Intes tines directly into the blood. In a few minutes Its influence is at work in every artery, Hein and tiny cap- iiiiary Every membrane, every or gan of the body, every emunctory becomes in effect a filter to strain ths blood of impurities. And beat of all. this remarkable remedy is welcome to the weakest stomach You can get 8. B 8 at any drug store It Is a standard remedy, recognised everywhere as the great est blood antidote ever discovered. Beware of any effort to sell you something claimed to be “Just as good ’ If yours Is a peculiar case and you desire expert advice, write to The Kwlft Specific Co , 1&6 Swift Bldg., Atlanta. Oa cause It is not the point at Issue. There was smothered applause. “There Is another disturbance jt some sort,” shouted Arnold. Judge Roan rapped for order and directed that the Jury be brought in. He addressed Solicitor Dorsey. “You .nay put your question and let him tell what he knows,” said Judge Roan. Q. What did you see? Tell it In your own way, telling everything that you saw.—A. They were back in the rear of the building near the entrance. She was coming to her work Just before dinner. Mr. Frank met her and aaid: ‘I want to speak to you.’ She said: 'I have got to go to work.’ He said: “I am the su perintendent of the pencil factory and I want to fipeak to you.’ She backed ofT and he walked toward her. Q. Is that all?—A. Yes. Rosser took the witness on cross- examination. Q. What time was it?—A. Just before dinner. Q. How was It she was Juf*t go ing to work?—A. She was returning to her work at the machine. It was Just before the whistle blew. Q. Lemmle Quinn's office was there, WRNn’t it?—A. Yes. Q. There were ten or twelve wo men there in the polishing depart ment?— A. I don’t know. Q. Well, what about those two girls in there?—A. They came back and told me where to put the pen- Q. Do you know’ w'ho A. No they were?—• Motorman Hits Daisy Hopkins’ Character. Q. They came back at the time this thing was going on?—A. Yes. Q. What kind of a looking girl was Mary Phagan?—A. She had light hair. Q. What else?—A. I can’t describe her. Q. Do you really know’ her?—A. Yes. Q. How?—A. Some hoy who worked on the fourth floor pointed her out to me one morning when she came to work. Q Do you know any one else at the factory?—A. No. The witness was excused and Wal ter T. Merck was called. Dorsey questioned him. Q. What is your business?—A. A street car motorman. Q Do you know- Daisy Hopkins?— A. Yes. Q. Did you ever meet her on Sat urday afternoons at the corner of Whitehall and, Alabama streets?—A. Yes. Q. What did she say?—A. I asked her where she was goins and she said Mho was going to the pencil fac tory. Q. Did you see her any more?—A. Yes. I made an engagement to go to her room. Q Did you see her?—A. Yes. about 8:30 o’clock in a room upstairs at the corner of Walker and Peters st reets. Q. Did she say where she had been?—A. To the National Pencil Factory. Q. Do you know’ her character?— A Yes. Q. Is it good or bad?—A. Bad. Rosser took the witness on cross- examination. Q. Does the company know your character? It’s a beauty according to your own admission, isn’t it? Dorsey interposed with an objec tion and was sustained. Rosser: “Come down, come down, come down.” McKnight Woman’s Lawyer Called. The witness was excused, and George Gordon, who said he had prac ticed law for thirteen years, was call ed to the stand. Dorsey questioned him. Q. Were you present at the police station when Minola McKnight w’as brought there?—A. Yes; or, rather, 1 was on ne outside a part of the time. I went there in connection with getting a habeas corpus proceedings for her release. The detectives told me 1 could not go in Just then. I de cided to make a demand to see her. and it was granted. I went in and Stenographer Febuary read a state ment to her from his notes, then went out to write it. Detectives Starnes. Campbell and I,anford. Chief Beavers and tw'o men from Beck & Greggs’ were there when the stenographer went out. I said that I didn’t think that she ought to be held. They told me they could do nothing unless I got your (Dorsey’s) permission. So 1 went to see you, and you told me that you could not let the woman go, be cause it would put you in bad with the detectives. Q Didn’t I say that I had no right to hold her?—A. No; you said you would not release her without a ha beas corpus. Q. Why did you not wait until she signed that paper?—A. I went up to see you. Q Did you hear her say anything about the statement? Read over the notes and then answer the question.— A. That is the substance of the notes that Febuary read over to her. Q. What did she say? Did she deny or admit them?—A. She said she believed that was about right. Dorsey Feared He’d “Get in Bad.’’ Q I told you I didn’t have any thing to do with locking her up. and that it would be meddling for me to order her release.—A. You said you would not interfere because you would get in bad with the detectives. That is w’hat my recollection is. Mr. Dorsey. Rosser took the witness. Q. You knew that she had to Mr. Dorsey’s office and had been taken away screaming? A. Ye£; I heard that. Q. That Mr. Dorsey, an officer of the peace, let the police take that woman away screaming? Dorsey interrupted. “You say you know that?” he asked the witness. Rosser. ‘‘Wait until I get through.” Then he continued his question. Q. Did you ever find out what Charge they had against her?—A. I had a habeas corpus to get ner re lease. but could not get to her. Q They just held her because she would not give a statement to the police that Mr. Dorsey wanted? Dorsey interposed an objection. Rosser—I submit to this Jury that the evidence in this case proves it is true. Dorsey—I submit it is not true, I don't care what you argue to this Jury. Rosser—And you didn’t care what you did to that poor negro woman. Dorsey—I didn’t do anything to that negro woman. Judge Sustain* Dorsey’s Objection. Judge Roan sustained Dorsey's ob jection. Rosser asked Dorsey for the affidavit that Minola made in Dor sey’s office. He asked the witness if he had ever seen It before, and the witness answered, “No.” Q. Who was guilty of false impris onment—was it Starnes or Beavers? A. Beavers said he knew about it, but that he could not let her out un less Dorsey ordered it. Q Did he have a warrant?—A. No Westmoreland preferred charges against Dr. Harris?—A. Yes. Q. VV'ere those charges substan tiated? Arnold—Your honor, the minutes are the- best evidence. Dorsey—All right; take the min utes. The minute book of the State Board of Health was handed the wit ness. Q. Look at page 128 and tell me if that is a correct report of that meet ing?—A. Yes. Q Now, doctor, I want to know whether those charges were found to be true. Arnold—The minutes are the best evidence. Judge Roan—Are those charges on the minutes? • A. I don’t see them. Q. Well, what was the vote?—A. I think it was unanimous. Arnold—Doctor, where are the charges?—A. I suppose they are in the possession of the secretary, some-' where In his office. Arnold—Dr. Harris, then, has the charges preferred against him? And while the defense Is on the minutes, charges are not?—A. You misunder stood me. Neither the charges nor the defense are on the minutes. Only the action of the board. Judge Roan—Didn’t Dr. 'Westmore land in his testimony say that he preferred charges of scientific dis honesty against Dr. Harris and be cause the board would not dismiss Dr. Harris that he resigned? U LUO ne nave a wunani:—r» D j Q. Then they let her out the next KOSSer Says Record Speaks for Itself. day?—A. Yes. Q. Did you see her?—A. I saw her that first evening. She was In a cell and crying hysterically. I asked Chief Beavers to let her out in the corridor and I guess he did. Dorsey took the witness again. Q. Didn’t I tell you that I had abso lutely no rights In the matter?—A. Something like that, but if you will pardon'me, Hugh. I will tell you ex actly what was done. I went to you when the police told me they could not let the woman go without an or der from you. You told me you had not had the woman arrested and was not having her held. Q. Now, didn’t Febuary read over to you a portion of that affidavit?—A Yes, he read something. Q. Now, didn’t he read a part of the statement, and sh* 4 added to it the part about the money?—A. She said something about money. Q. Now, what else did say?—A 1 don’t recall. Q. Didn’t you question her yourself? A. I asked one or two little ques-. tlons. Q. What about?—A. She said something about a bucket of w’ater that was not very plain, and I ques tioned her about it. Rosser took the witness again. Q. You don’t kno«c what happened behind those doors?—A. No. At this point court adjourned until 2 o'clock. President of State Board of Health Testifies. When the afternoon session start ed Solicitor Dorsey announced that on account of some of the State’s wit nesses being out of the city he would vary his program. He called Dr. S E. Benedict, of Athens, president of the State Board of Health, and a member of the faculty of the Uni versity of Georgia for 32 years, to the stand. On the first question a^ked him. At torney Arnold made strenuous objec tion and precipitated a long argu ment. The question was: “Were you present at the meeting of the State Board of Health w’hen Dr. Westmoreland preferred charges against Dr Harris?” “Weo bject to going into that.” said Mr. Arnold. “We w’ould have to get the minutes of the board and all of that.” “I am not going into the matter further than to disprove Dr. West moreland’s statement,” said Mr- Dor sey, “that the State board found Dr. Harris guilty of scientific dishonesty.” ‘’You can go into the question of the feeling of the witness,” said Judge Roan. “Suppose.” said Rosser, sarcasti cally, “Mary had a little lamb, it's fleece was white as snow, would that have anything to do with this case?” “Lam not going into iit further than to disprove Dr. Westmoreland’s statement,” insisted Dorsey. “Well, I am going into It,” said Arnold, “if you don’t. I am going to ask him about a letter he w’rote Dr. Westmoreland.” "Go ahead, Mr. Dorsey,” said Judge Roan. Q. Were you present when Dr. Arnold: ‘‘No; Dr. Westmoreland’s version was that the board found him guilty but refused to dismiss him, and he (Dr. Westmoreland) resigned.” Dr. Benedict: ‘‘That is not true.” Rosser: “Never mind; the record speaks for itself.” Arnold and Rosser then examined the minutes. Dorsey: “I will ask you iwf you are familiar with the business and professional life of Dr. Harris?" "We object.” said Rosser, and the objection was sustained. “Dorsey: “Doctor, what Is the con dition of the board now?” Rosser objected again, and was sustained. Attorney Arnold took the witness. Q. Doctor, I want to ask you about a letter you wrote Dr. Westmoreland. Dorsey: “We object to that. It is irrelevant ” Arnold: “I haven’t the letter here, but will have It long before the doc tor’s train leaver.' .r—^^e Roan: “I will wait until I se^ letter.” Dorsey offered part of the minutes of the State Board of Health js documentary evidence. Arnold: “I don’t think any of this should go in on the ground that it is irrevelant, immaterial and incom petent.” Judge Roan: "I will let it in for what it is worth.” The defense asked that their ob jection be recorded. Dorsey: “I would like to kown if the letter of the fourth to the Gov ernor on the subject was admissable. ’ Rosser: "It is as admissible as any of the other minutes, but w r e object to it all.” Judge Roan. “I will rule the let ter out.” Recalls Examination Of Minola McKnight. Roy Craven, salesman at the Beck & Gregg Hardware Company, was called. Dorsey questioned him. Q. Did you know Minola McKnight? —A. Yes * Q. When idd you see her last?—A. At the police station. Q Are you connected with the po lice?—A. No. Q. How did you come to be there?— A. Her husband worked at the same place I do and asked me if I would not go down to the police station and try to g't her out. Q. Were you there when this state ment was signed?—A. Yes. Q. Previous to that statement, did you see her at her home?—A. Yes. Q. Who was w’ith you?—A. Pickett and her husband. Q. Why did you go there? Rosser interposed an objection and w r as sustained. Q. Did you go either at the request of the Police Department or myself? —A. No. Q. Now, give me the best recol lection of the time, if you can? Rosser objected. but was overruled. Q. Give me the day?—A. It was the middle part of May. Q. Now r , tell what tihs woman, Mi- nola McKnight, said when she made that affidavit at the police station?— A. Well, she would not talke at first, but we told her what Albert had said. Q. What was it that Albert had said ? The wit-ness gave the substance of the Minola McKnight affidavit. Q. Then what did Minola say?—A. She was somewhat reluctant to talk at first, but when we told her w’hat lbert had said she gave us the affi davit without stopping. Rosser took the witness on cross- examination. Q. Didn’t you know that she w’as In Jail because she would not give the sort of a statement they wanted?—A. I did not. Rosser Objects to Servant’s Affidavit. Q. Why did you think they had her In jail7 Dorsey: "We object to what ne thinks. Stick to the' statements." Q. Did you go to Mr. Darsey's of fice before you heard Minola make her statemtne?—A. Yes. Q. Why did you go there?—A. To try to get her out Q. It wasn’t any trouble to get her out after she made a good statement was It?—A. I wasn't thre when she got out. Q. Why didn’t you stay there?—A. I didn’t want to. Q. You got a statement agreeing with what her husband had told you, then you left her in jail?—A. I went on out and left, her with her husband. Q. Didn't you try to get Mr. Dorsey to get her out?—A. I went to see what I could do. Q. What did he say?—A. He said he would dow hat he could. He said for me to ga to see Mr. Starnes or Mr. Campbell. Q. Did you go?—A. Yes. Q. How long did you stay?—A. Abotu three hours. Q. Did you ask them to let her out? A. No. Q. You don’t konw what happen 3d before you got there, do you?—A. No, I am not a mind nader. Dorsey: "Now I want to tender this affidavit of Minola McKnight is evidence." Rosser: "All in the world that af fidavit san show is the treatment that poor woman received at the hands of the police. It is inadmissable.” Crowd Roars When Sheriff Sits on Floor. Doroey: “Every word of it is ad- miwsable, because it is a flat and posi tive repudiation of Minola’s sworn statements on the stand.” Judge Roan: ‘Let me read it. I will rule on It later.” The witness was excused, and E. H. Pickett, also an employee of Beck & Greggs Hardware Gompany, was called to the stand. Dorsey question ed him. He was given the Minola McKnight affidavit to read. Sheriff Mangum. in an attempt to stop talk ing in the courtroom, met with a little accident that 5«ent a ripple of merriment throughout the room. While Pickett was reading the affi davit, the Sheriff arose from his seat beside the witness stand. “You people over to the right are talking too much, and if you don’t stop I will have to put you out,” he said. When he turned to resume his seat he missed the chair and sat down upon the floor with a sad expression on his face. The crowd In the court room fairly roared. Pickett read the affidavit, then Dor sey questioned him. Q. You were present when that paper was signed, were you not?—A. Yes; that is, Immediately before Minola signed it. Q. Who else was there?—A. Mi nola’s lawyer. Roy Craven, one or two detectives and myself. Q. What statement was made be fore Mhe signed it?—A. Albert Mc Knight said she had made certain statements. She then admitted It a little bit at a time. Q. What did she say first?—A. That she had been cautioned not to talk. Q. Then what?—A. She admitted she got a little more money. Q. Did she say everything shown in this affidavit?—A. Not the first part. She didn’t make those state ments in my presence Didn’t Appear Willing To Talk Then. Q. Was she willing to talk?—A. No. She said she would talk to me. but she would not talk to the de tectives. Before the detectives left she said her husband was a liar. Q. Did the detectives leave?—A. Yes. Q. Then you questioned her?—A. Yes: but we, Craven and myself, could not write fhorthand. and sent for the stenographer. Q. Who was there when she mad? the statement about Mrs. Frank mak ing certain remarks to her mother?— A. Starnes. Campbell, her lawyer, the stenographer, Lanford, Craven an! myseif. Q. Well, tell the jury what she said. Rosser: "The affidavit is the best evidence.” Dorsey: “But you are objecting to the affidavit.” Judge Roan: “I am going to let in that affidavit with the exception of th« part that'could not be put in regu larly. For instance, that part where she quotes the conversation she over heard.” Dorsey: “May I or not, without considering the atfidavld, ask him all relevant point of Minola McKnight’s statement ?“ Judge Roan: “You can take the affidavit and aak him about all rele vant points.” Dorsey: Mr. Pickeht, w’hat did the woman say about Frank eating din ner?—A. First she said he ate dinner. Finally she hald he did not. Q. What did she say first about her husband. Albert, being there?—A. At first she said he was not there, finally she said he was. Q. What did she say about the Se- ligs and Frank < iscussin the ragedv Sunday?—A. At first she said she did not hear anything. At last she said she did hear something. Q What did she «av about being told to keen her mouth shut?— Rosser: “Unless he wants to show that Prank told her that, It is irrele vant.” Counsel in Another Wrangle. Dorsey: “It Is relevant to lmpeacn the negro.” Roan: “It is relevant, I think.” Rosser: “You could not Impeach Mr. Selig on such a statement. Cer tainly it -is inadmissable to impeach Minola McKnight." Rosser dictated his objections to the court stenographer. Dorsey: “Answer the question. Mr. Pickett.” A. At first she denied It, then she said Mrs. Selig told her to keep quiet. Rosser continued to object. Hooper: ‘‘This witness can be put on the stand and in.peach half a doz en witnesses.” Roan: ‘‘You understand it must he relevant to some issue in this case.” Hooper continued to argue that the question should be admitted. "Judge Roan: “If you lhsist, I will let it in.” Q. What did Minola say with ref erence to w’hat was said to her about talking?—A. She said she was cau tioned not to talk. Q. What did she say at last about receiving a higher or lower wage?—A. She said her wages w r ere increased after the crime. Q. What did she say first about that hat?—A. She only made one reference to it. Q. Did anybody suggest anything about the hat, before anyone asked her about It?—A. Yes. Q. Now who was in there before you w’ent to the door and called the detectives?—A. Alfred McKnight, Craven and myself. Offered to Free Her If She Made Statement. Rosser took the witness on cross- examination. Q. Now why didn’t you believe her first statement?—A. Because we thought different. Q. You kept her there two or three hours, didn’t you?—A. Yes. Q. Did you give her the third de gree?—A. We didn’t call It that. Q. Did you see Dorsey?—A. Yes; we saw horn before we went to the police station, and he told us ha would arrange for us to see her, and that we might arrange to get her out. Q. Did you tell Minola that you had come down to get her out?—A. We did tell her we wanted to get her out if wo got a statement. Q. Well, why didn’t you get her out? —A. She left the station house before we did. Q. After she gave that statement they let her out?—A. Yes. Q. Do you know she left there be fore you did?—A. No, but the detec tives said she had. Q. You didn’t know she had been there twelve hours when you got there?—. Yes. Q. You knew she was there because she would not give the statement the detectives wanted, didn’t you?—A. No. Q. You went there to make her give the statement the detectives wanted? —A. Not that. I thought it was my duty as a good citizen to aid in get ting at the truth. Rosser (very angrily and with con tempt in his voice)—Let him oome down; let him come down. Negro McKnight Called to Stand. The witness was excused, and Al bert McKnight, husband of Minola McKnight, w’as called to the stand. Hooper questioned him, and had the negro step down from the witness chair and stand before the jury while he displayed a blueprint of the Selig home and a diagram of the dining room and the sideboard mirror* through which Albert said he observed Frank during lunch at the Selig home on Saturday, April 26. Q. Where were you si’ting in the kitchen on that da£? Rosser—I object; you went over all this on the direct examination. Hooper—We had no diagram then; that was brought in by the defense. Judge Roan—The witness may ex plain the diagram. Hooper—I want ta show by this I witness that the sideboard has been i moved so as to change the angle of j vision. Q. How is the location of the side- i board to what it was when you saw it?—A. It has been pushed around. The witness pointed out the change to the jury on the diagram. Rosser took the witness. Q. How do you know this* has been changed? Were you there when it was changed?—A. No, sir; but I can tell by looking at the diagram. Girl Called to Stand by Dortsey. Miss Nellie Wood, a former em- I ployee of the National Pencil Factory, ! was called to the stand by Solicitor Dorsey. Attorney Rosser, anticipat ing the character of her testimony, announced that he would like a defin ite ruling at once regarding the in troduction of certain character evi dence. The jury retired. Frank’s wife and mother left the courtroom by request. Dorsey ad dressed the court. “We want to show by this witness actual specific mis conduct on the part of this defent- ant. We want to show that Frank made an indecent proposal to this lady. It shows his conduct and his character; and I submit that it is material.” Rosser: “Your honor, they have no right In the world to put that testi mony in. We have never put any evidence in that would allow 7 the in troduction of this testimony in rebut tal. We insist that you rule definitely. All the evidence we have put in to show Frank’s conduct was in rebuttal to the statements of Conley.” Judge Roan: “Mr. Dorsey, tell me how you can get around the statutes, that you can not ask specific in stances on line’s character except on cross-examination.” Dorsey: ‘‘What about the questions of Mr. Arnold to the women w r ho worked on the fourth floo# of the Na tlonal Pencil Factory?” Judge Roan: “To my mind it is not debaatble.” Dorsey: “Then we are shut out.” “Judge Roan: "The law’ shuts you out. On the principle you advance you could put a man on trial at this time for everything he ever did in his life.” Dorsey: "I don't want to send the Jury out any more. I have witnesses to prove other things. Can I prove Continued on Page 5, Column 1. Mr. Merchant- ARE YOU READY FOR THE FALL TRADE? v There’s no business- getter like an Atlanta telephone. Our subscribers be lieve In “shopping by telephone.” They are encouraged to do so by the uniform efficiency and courtesy of our service. 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Pan* regular price 40c; this sale 23c Blue and white Mixinq Bowl; regular price 60c; this sale. . . ,32o Blue and white Pie Pans; regular price 20c; this safe 7o Blue and white Jolly Cake Pans; regular price 20c; this sale 7c Gray Enameled Dish Pans Size. Regular. 10-quart J35c 14-quart 40o 17-quart 50c 21 -quart 65c This Sale. 17c 19c 21c 23c KING HARDWARE CO 53 Peachtree Street $3.75 all Oak Porch 10 Per Cent Discount on Swings $1.98. all Electric Fans. Yes, ♦on