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r iTTE ATLANTA GEORGIAN AND NEWS.
FACTORY BOY SWEARS HE SAW FRANK ACCOST MARY PHAGAN
Dorsey Feared He’d ‘Get in Bad’ With Detectives, State Witness Says
INDIRECT TESTIMONY
AGAINST PRISONER IS
FORBIDDEN BY JUDGE
Continued from Pago 2.
Turner, a farmer, wa* called to (he
•t&nd. Dorsey questioned him.
Q. About March, of this year,
where did you work?—A. At the pen
cil factory.
BVQ- Do you knotv this man? (point-
* In* to Frank)—A. Tes.
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
beforo the murder?—A. About (he
middle of March.
Q. Where was It?—A. In the back
part of the building.
Q. What time of day was 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.
■ TVjrsey—Let the witness tell what
It Is.
Turner—Mr. Frank told the girl ho
was superintendent of 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.. She
backed off from him and he walked
toward her.
Q. How far did she back?—A.
Throe 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-
ba* knew Mary Phagan.
Esser—This other has nothing o
T 1th It.
|>oper—If my brother will just
•till a little bit, we may be able
Iroceed further. This has another
fie. It shows familiarity or a de-
for familiarity.
■oBser — If your honor is with us, I
I’t w'ant to argue,
fudge Roan—The question is
pther It can be shown Just how
conversation took place,
osser—That Is not the purpose of
thence
kooper—Your honor
fudge Roan—Sit down, Mr. Hoop-
The question is whether this will
w whether he knew her well
lugh to know her name
Ttosser—This evidence doesn’t show
kt.
oreey—Your honor, this witness
this meeting occurred Jn the
ne place and near the same spot
|iere we have contended the murder
curred It Is the basis for further
lid. ru
■Arnold—That last statement let the
at out. of the bag. They want to
Fbring out another charg. This who
case has been beclouded with everv
charge that could be imagined. Wo
have gotten away from the charge >f
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-
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There wan smothered applause.
“There is another disturbance jt
gome sort,’’ shouted Arnold.
Judge Roan rapped for order and
directed that the Jury be brought in.
He addressed Solicitor Dorsey.
“You may 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 said: ‘I want to speak
to you.’ She said: T have got to go
to work.’ He said: “I am the su
rprint en dent of the pencil faotory
and I want to speak to you.’ She
barked off 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 wa« Ju^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,
wasn’t It?—A. Yes.
Q. There were ten or twelve wo
men there 1n 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
cils.
Q. Do you know who they were?—
A. No.
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 boy 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 hitn.
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 comer of
Whitehall and Alabama streets?—A.
Yes.
Q. What did she say?—A. I asked
her where she was going and she said
Mhe 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
streets.
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
j j him.
Q. Were you present at the police
station when Minola McKnight was
brought there?—A. Yes; or. rather,
1 was on the outside a part of the
time. 1 went there in connection with
getting a habeas corpus proceedings
for her release. The detectives told
me I could not go in Just then. I de
cided to make a demand to see her,
and it was granted. 1 went in and
Stenographer Febuary read a state
ment to her from his notes, then went
out to write it. Detectives Starnes,
Campbell and Lanford, Chief BoaverH
and two 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 I
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 1 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. 1 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. Hhe 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 what my recollection is, Mr.
Dorsey.
Rosser took the witness.
Q. You knew that she had been
to Mr. Dorsey’s office and had been
taken away screaming?—A. Yes; 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 her 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 Sustains
Dorsey’s Objection.
Judge Roan sustained Dorsey’s ob
jection. Rosser asked Dorsey for the
affidavit that Minola made In Dor
sey’s office, lie 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.
Q. Then they let her out the next
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
Reavers to let her out in the corridor
and I guess he did.
Dorsey took the witness again.
Q. Didn’t I tell you that 1 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 tho 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 she added to it the
part about the money?—A. She said
something about money.
Q. Now, what else did she say?—A
I don’t recall.
Q. Didn't you question her yourself?
—A. 1 asked one or two little ques
tions.
Q. What about?—A. She said
something about a bucket of water
that was not very plain, and I ques
tioned her about it.
Rosser took the witness again.
Q. You don’t kno*r what happened
behind those doors?—A. No.
At this point court adjourned until
2 o’clock.
President of Statfi
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 asked 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 when
Dr. Westmoreland preferred charges
against Dr. Harris?”
“Weo bject to going into that,” said
Mr. Arnold. “We would 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?”
“I am not going into lit 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 wrote Dr.
Westmoreland.”
“Go ahead, Mr. Dorsey,” said Judge
Roan.
Frank Proves His
Own Best Witness.
Frank had demonstrated that he
was better than his lawyers and that
he was his own best witness when
he came down from the witness chair
Monday night after talking almost
Continuously for four hours.
It Is doubtful, as shrewd and elo
quent as his attorneys are known to
be, if anything more Impressive, more
convincing and more logical will ue
presented to the Jury in hts behalf
before his fate Is placed In the hand*
of the twelve men.
The young factory superintendent
made no attempt at oratory or dra
matics. He did not attempt an appeal
to the emotions of the jurors. He
probably was wise In this, as the
memory of what he said and the man
ner In which he said It will remain
with the Jurors long after an emotloa
of pity would have passed away.
Although Frank seldom raised his
voice above a conversational tone, his
address was deeply Impressive from
start to finish. Its truth or falsity, of
course, Is problematical. But it had
all the characteristics that are com
monly accepted as accompanying the
truth.
He did not ask for pity or mercy.
He did not take the attitude of de
manding anything to which he was
not entitled. His mien throughout
was that of a man seeking merely
justice, and that alone. He was an
Innocent man or a consummate actor
as he stood before the Jury. Thess
are the only two conclusions possible.
The matter-of-fact manner In which
he delivered his long address only
added to its Impreasiveness and elo
quence. That a man with the bur
den of a foul murder on his consclenca
could talk easily, freely, fearlessly for
four hours before the men whose
word can send him to the gallows
BEST WITNESS
State Fights Hard to Overcome
Impression Accused Made by
Calm Statement.
Continued from Page 5.
my life to know him until this
crime. »
“In reply to the statement of
Miss Irene Jackson, she is wholly
mistaken in supposing that I
ever went to a ladies’ dressing
room for the purpose of making
improper gaze into the girls’
room. I have no recollection of
occasions of which she speaks,
but I do know that that ladies’
dressing room on the fourth floor
is a mere room in which the girls
change their outer clothing.
“There was no bath or toilet in
that room, and it had windows
opening onto the street. There
was no lock on the door, and I
know I never went into that room
at any hour when the girls were
dressing. These girls were sup
posed to be at their work at 7
o’clock. Occasionally I have had
reports that the girls were flirt
ing from this dressing room
through the windows with men.
“It is also true that sometimes
the grl* would loiter in this room
when they ought to have been
doing their work. It is possible
that on some occasions I looked
into this room to see if the g> r '8
were doing their duty and were
not using this room as a place
for loitering and for flirting.
Says Negro’s Story
Is Tissue of Lies.
“These girls were not supposed
to be dressing in that room after 7
o’clock, and I know that I never
looked into that room at any hour
when I had any reason to suppose
that there were girls dressing
therein.
“The statement of the negro
Conlqy is a tissue of iles from
first to last. I know nothing
whatever of the c*u8e of the
death of Mary Phagan, and Con
ley’s statement as to his coming
up and helping me dispose of the
body, or that I had anything to
do with her or to do with him
that day, is a monstrous lie.
“The story as to women com
ing into the factory with me for
immoral purposes is a base lie,
and the few occasions that he
claims to have seen me in inde
cent positions with women is a
lie so vile that I have no language
with which fitly to denounce it.
“I have no rich relatives in
Brooklyn, N. Y. My father is an
invalid. My father and mother
together are people of very lim
ited means, who have barely
enough upon which to live. My
father is not able to work. I have
no relative who has any means at
all, except Mr. M. Frank, who
lives in Atlanta. Nobody has
raised a fund to pay the fees of
my attorneys. These fees have
been paid by the sacrifice in part
of the small property which my
parents possess.
“Gentlemen, some newspaper
men have called me ‘the silent
man in the tower.’ I kept my si
lence and my counsel advisedly
until the proper time and place.
The time is now, the place is here,
and I have told you the truth, the
whole truth.”
Frank bowed slightly to the
twelve men to whom he had ad
dressed this remarkable state
ment and then stepped down from
the stand. Court adjourned until
9 o’clock Tuesday morning.
Address.
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Find Missing Banker
Led Gay Lobster Life
NEWARK, N. J.„ Aug. 19.—In trac
ing the career of Raymond E. Smith,
secretary-treasurer of the Roseville
Trust Company, who Is being sought
to clear up mysteries surrounding a
shortage of over $500,000 In the bank,
the searchers found evidences of lob
ster suppers, joy rides and gay par
ties.
They faller to find the object of their
search, but they got traces of a young
woman to whom Smith is alleged to
have paid marked attention.
Another woman gave a clew that
leads the company's officials to be
lieve that the banker has sailed on
one of the trans-Atlantic liners from
New York.
New Molasses Rate
Of M.&0. Causes Kick
SIGN BILL FOR
GIRLS' HOME
Rumor That He Would Veto the
Measure on Plea of Lack of
Funds Proves Groundless.
MOBILE, ALA., Aug. 19.—The mo-
lasses men of New Orleans and Lou
isiana are disturbed over the new
rate on blackstrap molasses made by
the Mobile and Ohio Railroad out of
this city of 15 cents per 100 pounds.
The Louisiana dealers will proba
bly ask the Interstate Commerca
Commission to enjoin the proposed
rate as discriminatory.
The local railroad men have ap
pealed to Freight Traffic Manager
Haiden Miller, of the Mobile and
Ohio at St- Louis, asking that the
rate be suspended.
Conscience-Stricken
Bigamist Surrenders
NEW ORLEANS, Aug. 19.—Assert
ing that he was a bigamist and his
conscience hurt him because Tra had
married a good woman, Walter H.
Fensler walked into police headquar
ters here and gave himself up.
Fensler said he had a wife and baby
in Pascagoula, Miss., and was not
sure that he was divorced from his
other two wives. He said he had
married women in Lima, Ohio, and
Oneato, Ala. His last wife was Miss
Ima Beckham, of Pascagoula. They
married in June, 1912.
Customs Man Noses
Out Big Cheese Plot
NEW YORK, Aug. 19— Nicola Ro-
melli, a shoemaker, went to the Cus
tom Houso to explain why he tried
to smuggle two trunk* filled with
Parmesan cheese into this country.
His mission failed and the cheese was
sent to public stores.
When the shoemaker arrived from
Europe he declared he had nothing
dutiable. Customs Inspector Piper
has an acute sense of smell and sug
gested opening the trunks.
Governor John M. Slaton said Tues
day afternoon that he will sign the
bill providing for a home for way
ward girls, which carries with it an
appropriation of $20,000.
A rumor that Governor Slaton in
tended to veto the bill, not because
he opposed the proposed home, but
because It meant an additional drain
upon the meager revnues of the
State, had been in circulation since
the last night of the General Assem
bly.
Leaders In the House and Senate
told newspaper men at that time,
fifteen minutes after the measure had
been passed as amended by the Sen
ate, that they had it on good author
ity that Governor claton would veto
the bill.
Advocates Were Aroused.
The report gained strength the last
few days and aroused those eager
for the establishment of the home.
No less than 75 telegrams came to
Governor Slaton’s office Tuesday
morning from individuals and organ
izations all over the State asking him
to affix his signature and make the
measure a law.
Originally the bill establishing the
home carried an appropriation of $30,-
000, and in that shape It passed the
House. The Senate, however, cut
$10,000 from the amount, and in the
final night session the House con
curred in the Senate amendment.
Lack of Revenue Cited.
An increase in the tax returns of
$4,000,000 would be necessary to pay
the appropriation embodied in the
bill. This increase, it appears, is not
to be forthcoming. That was ad
vanced as the basis of the report that
Governor Slaton would veto tne bill.
Prominent among ihe workers ,ln
behalf of the bill were the members
of the Georgia branch of the South
ern Association of College Women.
This organization is in realty the
originator of the bill. The movement
was started at a meeting of the
Georgia branch last fall, soon after
which the Prison Reform Association
was interested and took up the plan.
Later the Men and Religion Forward
Movement enlisted in the movement.
Governor Slaton spent Tuesday
morning considering the measures
passed by the General Assembly, with
the exception of an hour or more
that was spent in consultation with
Judge John C. Hart, the new State
Tax Commissioner.
Seek Atlanta Woman
Who Gave Away Baby
CHATTANOOGA, Aug. 19.—The
local police have been unable to dis
cover any clews that will lead to the
identity of the parents of the chill
given Mrs. Alice Maynard by an un
known woman as Mrs. Maynard was
boarding a train in Atlanta for Chat
tanooga. The Infant, a girl appar
ently not more than two months old,
is now at Erlanger Hospital. Sh*3
was plainly dTessed and had no Jew*-
elry which would aid identification.
The woman who asked her to care
for the child, Mrs. Maynard said, as
sured her the baby’s mother would
meet her at Chattanooga. When she
arrived here, no one claimed the baby.
Mr. Merchant—
ARE YOU READY
FOR THE FALL
TRADE?
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. They are aid
ed by our supplemen
tary classified business
directory.
That’s where the
Merchant benefits by
having our phones in
his store.
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Special Prices on all
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Screen Doors and Windows.
ENAMELED WARE
Prices are not going, going—but have already gone down to cost and below on a great
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the moving season.
All of these goods are from our regular stock, and all are first quality enameled ware. None
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Rules o? the sale, cash only.
None delivered unless purchase amounts to $1.00 or more.
All white Chamber Pall;
regular price $1.50; this
sale 74c
Blue and white Preserving
Kettle; regular price $1.25;
this sale : 77c
Blue and white Straiqht
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this sale 77c
All white Tea Pot; regu
lar price 85c; this sale, 42c
All white Wash Basin; regular
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All white Dairy Pan; regular
price 40c; this sale 23c
All white D. .. Pan; regular
price 40c; this sale. 23c
Blue and white Mixing Bowl;
regular price 60c; this sale... .32c
Blue and white Pie Pans;
regular price 20c; this
sale 7c
Blue and white Jelly Cake
Pans; regular price 20c;
this sale 7c
Gray Enameled Dish Pans
Size. Regular.
10-quart i35c
14-quart 40c
17-quart 50c
21-quart 65c
This
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17c
19c
21c
23c
KING HARDWARE CO.
53 Peachtree Street
$3.75 all Oak Porch
10 Per Cent Discount op-
Swings $1.98.
all Electric Fans.
r/
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