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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. INSTEAD OF LEMONADE Drink Horsford's Acid Phosphate It ti better for you and a more effective relief from Bummer heat. Invigorating and refreshing. Adr. Funeral Designs and Flowers FOR ALL'OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. THE SCENIC WAY WITH DINING CARS