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In telling of his dealings
with the police and Chief of
Detectives Lanford, Frank
waxed sarcastic in a quiet yet
bitter way. But he never let
loose his emotion or lost his
poise.
Wmeg
LEO FRANK SKETCHED AS HE TOLD HIS OWN STORY TO JURY
At times Frank would lose
his air of complete repression
and his face for a moment
would take on an aspect of
deep feeling. He would, how
ever, quickly resume his nor
mal expression of stoicism.
During the greater part
of his story Frank was as
calm and statistical as an
accountant discussing an
audit.
NEGRO MIGHT SAYS
IN ROME OF
Continued from Page 1.
cey Rosser, who sought to show that Minola signed the statement
to obtain her freedom from jail.
Dr. S. C. Benedict, president of the State Board of Health,
was called at the opening of the afternoon to show that charges
of scientific dishonesty against Dr. H. F. Harris, secretary of the
board, never were found to be well founded. Dr. W. F. West
moreland asserted on the stand that Dr. Harris had been found
guilty of the charges
By far the most damaging tes
timony brought out against
Frank was that of Will Turner,
who testified that he had entered
the metal room and pome upon
Frank seeking to press his atten
tions upon the Phagan girl only
a few weeks before the crime.
When Turner was put under the
rs^ing Are of Luther Rosser’s cross-
examination, the weight of his testi
mony suffered considerably. The
youth, who admitted he had worked
at the factory only a brief time, was
unable to describe Mary Phagan and
was unable to tell the name of any
other g^irl In the entire factory.
-I went Into the rear room on the
second floor one day with some pen
cils.” said Turner. “It was about the
middle of March. Frank was walk
ing from his office toward the rear of
the factory. Mary Phagan was com
ing toward her machine. He told her
to wait a minute, that he wanted to
talk to her. She said she had to go to
work.
•‘He said: Tm superintendont of
the pencil factory and I want to talk
to you.’ She repeated that she had to
go to work and he followed her as
she backed away from him. A cou
ple of girls came into the room and 1
asked them where to put the pencils
and then I left. I didn't see any
more.”
On cross-examination young Tur
ner admitted he did not know whether
there were other girls around at the
time or not. He did not know the
names of the two girls, he said, who
entered the room while Frank was
trying to telk to Mary Phagan. The
extent of his description of Mary
Phagan was that she had light hair.
The question of the admissibility of
this evidence caused a long wrangle
between the attorneys.
Rosser and Arnold objected on the
grr 1 that it was not at all material,
pr ’■ y absolutely nothing They de-
flie . Dorsey's contention that it es
tablished that Frank had known Mary
Phagan. in spite of his declarations
he did not know' her. The law-
thai
»&id that it did not show that he
her by name or that he was
ing with her on any other sub- I
her work. i
contend that Mary Phagan was
killed right on that second floor,” re
torted the Solicitor. “We contend that
Mary Phagan and Frank went the
only persons in the metal department
at the time that this incident took
place, and that she was backing away
and protesting that she had to go
back to work We contend that it
was the beginning of the transaction
which ended in the little girl’s death.
It should go in as contradicting
Frank’s statement that he did not
know her.”
Turner was allowed to tell his story.
That Solicitor Dorsey refused to
take any step toward the liberation of
Minola McKnight. cook at the Selig
home, who was imprisoned until she
made her sensational affidavit
against Frank, on the ground that it
would "get him in bed with the de
tectives.” was the unexpected and
highly Interesting statement made by
Attorney George Gordon late in the
forenoon session.
Gordon was called by the State, but
proved .is good a witness for the de
fense. He declared that the affidavit
made by the cook was signed in his
absence, althpugh the last paragraph
stated that it was signed in his pres
ence.
He said that he had told Solicitor
Dorsey that the negro woman was
being held illegally, but that the So
licitor had replied that it was neces
sary sometimes to do things of this
sort in erder to get the information
wanted. He told of going to the po
lice station and finding Minola crying
and hysterical In her cell.
The attorney for the colored woman
said that he had not been permitted
to enter the room where his client
was being interrogated by the de
tectives and Ray Pickett and Arthur
Craven, the latter two being em
ployees of the Beck & Gregg Hard
ware Company. He was present, he
said, when part of the notes were
being read by G. C. Febuarv but was
not there when the affidavit was
signed
The McKnight affidavit told of al
leged conversations at the Selig home
of a nature very incriminating
to Frank. The McKnight woman de
nied all of the statements in the af
fidavit to a Georgian reporter the
night that she was liberated.
A crushing blow was dealt the Sta'e
by the refusal of Judge Roan to ad
mit. either while the defense w.,»
completing its case or after the Stale
had taken up the rebuttal, any evi
dence not directly and at first hand
bearing upon the specific acta charged
against the factory superintendent.
The ruling was a sweeping victory
for the defense. It gave Frank’s case,
which had been aided materially the
uay before by tlie defendant’s own
statement, an added fitrengtli and
heightened the prospects in Frank’s
favor.
Solicitor Dorsey tried first to cross-
question Daisy Hopkins, one of the
defenses witnesses, as to conversa
tions she was supposed to have had
in regard to incidents at the pencil
factory in which she and a man un-
designated except as her "foreman’
were involved. Frank's name was not
mentioned in the indicated charges.
The conversation was about a "Tore-
man.”
The Hopkins \yoman denied again
that she ever had made visits to the
factory for improper purposes or that
she had had the conversations re
ferred to by the Solicitor.
Dorsey encountered the same stone
wall when he tried to draw testimony
against the moral character of Frank
from his own witnesses. From W. P.
Merck and J. P. Floyd the Solicitor
had expected to obtain a recital of
the stories of happenhigs which they
said had been related no them
Merck, however, had m ysteriously
disappeared from the courthouse
when his name was called, and Floyd
was not permitted to go into the de
tails of the testimony the Solicitor
had hoped to bring out.
The Solicitor thereafter confined
his efforts to bolstering up the char
acter of C. B. Dalton, the State’s wit
ness who testified to seeing women
in Frank's office, and attacking that
of Daisy Hopkins. He called a num
ber of witnesses, one of them a cousin
of the Hopkins woman, who swore
that her charm ter for truth and
j veracity was bad and that they
I wouldn’t believe her on oath.
Swear Dalton’s
Character Is Good.
Other witnesses testified that Dal
ton’s character was good. They were
I asked by Attorney Rosser if they were
j acquainted with his court and chain-
gang record. They replied, for the
j most part, that they w’ere not.
The brown suit worn by Frank
April 2f> was identified by Mrs. Emil
Selig. his mother-in-law, at the open
ing of court in the forenoon and the
i suit was placed in evidence.
The defense prepared to show nv
Wiley Roberts, inside jailer at the
Tower, that Jim ConTey had been
reading since his incarceration there,
but the Solicitor objected on the
ground hat no basis had been laid
for the testimony.
Daisy Hopkins then was called and
questioned, after which the State be
gan its rebuttal, the defense*having
closed Its case.
While waiting for a witness Solici
tor Dorsey arose and made the unex
pected announcement that he himself
had erased the identification "Taken
out at 8:26" on the time slip taken
from the clock in the factory. Frank
had made the charge he had wrttteen
words a« an identification of the slip
and that they had been erased. The
Solicitor declared that he thought the
detectives had made the identifica
tion.
“Frank did not know who made
the erasure,” said Attorney Reuben
Arnold.
The Solicitor had announced ear
lier that his first witnesses in re
buttal would be called to support
C. B. Dalton and impeach Daisy Hop
kins. who declared she had never
visited the factory with Dalton or
that he had ever introduced Dalton
to the factory superintendent.
Wiley Roberts was asked:
Q. Has Jim Conley been in your
custody during this trial?—A. Yes.
Q. Has he ever asked for news
papers?—A. Yes.
Dorsey interrupted.
"Your honor,” he said, “I think the
witness, Jim Conley, ought to have
the privilege of denying or affirming
that before he can be impeached.”
“Conley said that h could only read
certain words,” said Arnold, "but
probably Mr. Dorsey is right. I w'ill
have to call Jim Conley back again.
Mr. Rosser will be back in a minute
and we will close.”
Daisey Hopkins Is
Recalled by Dorsey.
The witness was excused and Dor
sey made the announcement that four
doctors of the following five would
be called by the prosecution:
Drs. G. C. Mizell, F. L. Eskridge.
Clarence Johnson, John Funke, S. E.
Benedict of Athens, and J. C. Cra
mer, of Macon, the latter two presi
dent and vice president of the State
Board of Health.
Solicitor Dorsey asked that Daisy
Hopkins be returned to the stand so
that he might continue his cross-
examination of her.
The witness took the stand.
Q. You say you knew nothing of
the cot in the basement of the Na
tional Pencil Factory ?Va. No.
Q. Do you know anything at all of
the basement?—A. No.
Q. Are you acquainted with A. R.
Floyd, of Redan. Ga.?-—A. Yes.
Q Have you known him for a long
time?—A. Yes.
Q. Have you had a conversation
with Floyd since the murder?—A.
No.
Q. Haven’t you been to his house to
get milk?—A. I don't think I have
since the murder.
Q. Didn’t you go to the home of
Floyd to get milk and tell him about
that cot in the basement of the Na
tional Pencil Factory?—A. No.
Q. I>o you Ignow Bob Goddard?—A.
Yes.
Q. Do you know Dr. R. S. Pound, of
Redan?—A. Yes.
Q. Do you knowr Mr. Smith, super
intendent of the Nunnally-McRae
Company?—A. On Mitchell street?
Q. Yes.—A. Yes, I know' him.
Q. Do you know Walter P. Merck?
—A. Where does he live?
Met Merck on
Peachtree Street.
Q. You met him first at Stone
Mountain, then you met him on Wal
ker street?—A. I met him at Re
dan. They used to live down there
Q. You said something about being
married. Have you two living hus
bands?—A. No; only one.
Q. Have you seen him since the
murder?—A. Yes; at Redan.
Q. Do you remember meeting Wal
ter P. Merck one Saturday afternoon
on Whitehall street?—A. I met him
on Peachtree.
Q. Didn’t you tell him that after
noon that you were going to the Na
tional Pencil Factory?—A. No; I told
him I had just left the factory.
Q. Didn’t he make an engagement
with you to go to the factory?—A. No.
Rosser objected, declaring that a
female witness could not be attacked
in that way.
"Your honor,’’ said Dorsey, “I want
to show by Merck that this woman did
make an engagement with him that
afternoon.”
“I understand,” replied Rosser, “that
when an argument of this kind is to
be made the jury is to retire.”
"It would be better to have the la
dies retire also,” said Dorsey. "I don’t
want to embarrass them.”
Jury and Women
Retire From Room.
The jury retired, and after a hur
ried conference, Frank's wife and
mother also left the courtroom at the
request of Attorney Arnold.
“This is their witness," said Dor
sey. "We want to show that this man
Merck had her Saturday afternoon,
and she said she was going to the
National Pencil Factory. It was cold
weather. We want to show that he
saw her that night and what she told
him.”
The witness interrupted:
"It was summer time,” she said
pertly.
“She has denied,” said Dorsey, “in
the impeachment of Dalton that she
ever went to the pencil factory for
any improper purpose."
"We object," said Rosser.
"I want to show that she told Merck
about meeting her foreman at the fac
tory,” said Dorsey.
Then the Solicitor repeated a con
versation involving the “foreman,”
which is unprintable, which he want
ed to get before the jury.
"He does not mean to charge Frank
is the foreman." said Arnold. “He is
frank enough to state that.”
“Merck in an affidavit,’’ said Dorsey,
"said foreman. He didn't say Mrs.
Hopkins said her superintendent or
that she named any names. I mean
to let the jury diaw’ its own conclu
sions.”
"I kne\v when 3 - our honor refused
to rule out the charges of Conley and
Dalton.” said Arnold, taking up the
argument, “that you w r ere opening the
doors for new issues that would ob
scure the chaifee of murder. I knew
it would lead to a situation in im
peachments bringing uf to the point
w'here we would hardly know' who we
were trying. This woman never
would have been nut up as an orig
inal witness except for the aspersions
cast on her by Conley and Dalton.
Look how far afield we have wan
dered. Now, he wants to Impeach
this witness^ on something with w'hich
the defendant has no connection.”
“You can rebut any of their direct
testimony.” said Judge Roan. "You
can not bring any new criminal
charge against this defendant. If it
is against someone else, it is irrele
vant.”
"Your honor,” said Dorsey, “I want
to ask a question to let the Jury hear
that you rule it out.”
“No; we object.” said Rosser
“That’s just why the jury was sent
out.”
“I’ll let you assume that you ask
it,” said the court to Dorsey.
“Why, your honor,” replied Dorsey,
“it puts us in the position of not
even trying to prove what we have in
dicated we would.”
“I can not permit the question,” said
Judge Roan.
"Very well,” said Dorsey, adding, in
an undertone, "That shuts me off;
that shuts me off.”
Dorsey continued the examination:
Q. Didn't you meet Merck during
the afternoon after working hours
and tell him you were going to the
pencil factory?—A. No.
Q. Didn’t he come to see you that
night?—A. No.
Q. Didn’t you tell him that you had
been to the factory that afternoon ?-
A. No.
cific acts, can’t I?”
Men Say Woman’s
Character Is Bad.
Miss Hopkins w r as excused, and J.
R. Floyd, of Redan, Ga., was called.
Dorsey questioned him.
Q. Do you know Daisy Hopkins?—
A. Y es.
Q. Do you know how many hus
bands she has?
Rosser: "I object, your honor. I
don’t care if she has three hundred
husbands.”
The objection was sustained.
Q. Would you believe her under
oath?—A. I would not.
Q. Did you ever hear her say any
thing about a cot in the basement of
the pencil factory?—A. Yes.
The witness was excused. Bob
Goddard, brother of C. M. Goddard,
who was shot to death a few months
ago by Elmer F. Darden, was the
next witness called in rebuttal. God
dard resides near Redan. Dorsey
questioned him.
Goddard testified to th e bad char
acter of Daisy Hopkins, and declared
he would not believe her under oath.
Henry Carr, of Stone Mountain; N.
J. Ballard, a second cousin of Daisy
Hopkins, and J. L. Rice all followed
each other in rapid succession and
testified that they would not believe
the Hopkins girl under oath.
Dorsey then addressed the court.
"Your honor,” he said, "we want to
offer indictments against Daisy Hop
kins and also a bond forfeiture.”
Rosser: "Your honor, they object
ed to the introduction of an indict
ment a'gainst Dalton and they ob
jected rightly. An indictment is noth
ing against one’s character.”
Dorsey: “Dalton denied any knowl
edge of an indictment. This is a bond
forfeiture.”
Judge Roan: “I rule it out.”
Dalton’s Recent Past
Good, Says J. T. Hearn,
Glenn Smith, superintendent of the
Nunnally-McRae Company, testified
that Daisy Hopkins' character was
bad and that he would not believe her
on oath.
J. T. Hearn, of Walton County, saia
he had known C. B. Dalton since 1890.
Dorsey questioned him
Q. Is his character good or bad?—
A. The first part of his life was bad.
The last part has been good.
Q. Would you believe him on oath?
—A. Yes.
Rosser took tHfe witness on cross-
examination.
Q. When w*as the last time you
knew Dalton?—A. 1903 or 1904.
Q. Did you hear about him being
indicted for selling whisky In 1906?—
A. Yes. but he had joined the church
about 1904 and I understood wa3
leading a good life.
Dorsey took the witness.
Q. Do you know the Instance of his
being indicted for stealing years ago?
—A. Yes. •
Rosser: “We object. He can’t go
into that.”
Judge Roan sustained the objec
tion.
Dorsey; “When they go into spe-
Judge Roan: "No.”
R. V. Johnston, another Walton
County citizen, was called. Dorsey
questioned him.
Q. When were you approached in
regard to testifying to the character
of C. B. Dalton?
Rosser interposed with an objec
tion, but was overruled.
A. Last Friday, a week ago.
Q. Who approached you?—A. Har
ry Gottheimer.
Rosser again objected, and was
sustained.
Q. Are you acquainted with the
character of C. B. Dalton?—A. Yes.
Q. Would you believe him on
oath?—A. I would.
• Rosser took the witness.
Q. You never heard that he was
indicted for stealing and selling whis
key?—A. No.
The witness was excused, and W.
M. Cook, of Social Circle, Ga., a
dairyman and farmer, testified as to
Dalton’s good character, and c-3clared
that he would believe him on oath.
W. J. Elder, of Decatur, followed
Cook on the stand, and said that Dal
ton came to Decatur about five years
ago and worked for him as a carpen
ter. Dorsey questioned him.
Q. Are you acquainted with Dal
ton's general character?—A. I don’t
know as I am.
Q. That means what people say
about him?—A. Yes.
Q. Is his character good or bad?—
A. Good.
Rosser took the witness.
Q. Why did you say Just now that
you didn’t know?—A. I didn’t know
as I did.
Q. You said you didn’t know' be
cause you didn’t know yourself?—A.
Yes.
The witness-wa 9 excused, and A. B.
Houston, of Decatu»* a farmer, who
lVas lived there .1 years, was called.
The witness said that he had known
Dalton for eight years and that his
character was good and that he would
believe him under oath.
J. T. Borne, who formerly lived at
Ingleside, in DeKalb County, and
who now operates a cigar and soda
fountain at Decatur, said he knew
Dalton and would believe him od
oath.
W. Nf. Wright, of Atlanta, general
manager of the Indenendent Transfer
Company, testified in behalf of Dal
tons good character and declarju
that he would believe him on oath.
W. C. Hale, of No. 88 Kirkwood
avenue, Atlanta, formerly of Walton
County, testified to Dalton’s go>3
character and said he would believe
him under oath.
L. L. Boyce, a city policeman, for
merly of Walton County, testified that
eighteen or twenty years ago Dalton’s
character was bad, but that now it
was better and that he had heard
nothing bad about him recently.
M. Gordon Caldwell, of Atlanta; J.
W. Hunt, of No. 18 Trinity avenue, i
and W. P. Patrick, of tlanta, a mem
ber of the police force, testified to
Dalton’s good character and said that
they would believe him under oath.
J. E. Dudley, a former employee
of the pencil company, was called
to the stand. Dorsey questioned him.
Q. Were you working at the Na
tional Pencil Factory about October,
1912?—A. I don’t remember.
Q. Do you remember a machinist
named Charley Dee?—A. Yes. he was
working there.
Q. Were you hurt there?—A. Yes.
Q. Where?—A. On the second
floor, the office floor.
Q. Just w’here were you hurt?—A.
On a metal machine. I hurt the fore
finger of my left hand.
Mashed Finger But
Kept Blood Off Floor.
Q. How w'ere you hurt?—A. This fel
lowr Lee had put the metal on the
machine. It dropped off. I picked it
up and in putting it back I mashed
my finger.
Q. What did you do then?—A. There
was some cotton w'aste there, which
I put around my hand.
Q. Did any blood drop on the IJoor?
—A. A few drops.
Q. Did any blood drop near the la
dies’ dressing room?—A. None.
Q. How long after this accident did
you work?—A. I quit then.
Q. What does this fellow Lee do
besides working at his trade?—A. 1
don’t know’.
Q. What did you do then?—A. 1
went to the office to get it dressed, f
then went to the Atlanta Hospital.
Rosser took the witness on cross-
examination.
Q. How badly were you hurt?—A.
Not very bad.
Q. You bled pretty' freely?—A. Yes,
but I had my hand in the cotton
waste. t
&. You didn’t notice whether any
blood was on the floor or not?—A.
Yes; none of it dropped except at the
machine where I was working.
Dorsey took the witness.
Q. Was your finger outside of the
coton w'aste until you got to the of
fice?—-A. No.
The witness was excused, and the
witness Merck was caHed, but failed
to answer. Willie Turner, of Sandy
Springs, the 16-year-old son of E. M.
Continued on Page 4, Column 1.
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