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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- Wlth ft. ft* ft* Vcaj Can Tail Poisoned Blood to Be Gone. The aypeorar.ce of holla leads many j people to consider them a sign of ro bust constitution They are more apt to signify a oondltlon of tick blood. It sounds queer u> take a biood hath, but that is precisely the effect when you use that remarkable rem edy, S- S. S. It has the peculiar ac tion of soaking through the intes tines directly into the blood. In a few minutes its Influence is at work in svery artery, vein and tiny cap- Ullary. Every membrane, every or- jan of the body, every emunctory becomes in effect a filter to strain the blood of impurities And best of all. this remarkable remedy U welcome to the weakest stomach. You can get S. 8. 8 at any drug j 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 Tha Swift Specific Co., 115 Swift Bldg . Atlanta, Ga. cause it is not the point at issue. 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. Postum Cereal CtK, Ltd,. Battle-Creek, Mkh. Eodool inti 2c4amp tar portage on trial tin of Fortum. Name, Grocer’* Name. £ If You Are a Coffee Drinker suffer as many coffee drinkers do from indiges tion, heart flutter, nervousness or sleeplessness, fill out the above 'and enclose with 2c stamp [(for postage) and we will promptly mail you free a >cup trial tin of Instant Postum Thousands of former coffee drinker* novr use this new food-drink and have back their old-time pleasure and comfort Instant Postum taste* much like high-grade Java, but is warranted pure and Absolutely Free from Caffeine Regular size tins, 30 cents and 50 cents, at Grocers everywhere. Send aout for sample. Trial tells— There’s a Reason ” for POSTUM 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. ATLANTA TELEPHONE & TELEGRAPH CO. 25 Per Cent Discount Special Prices on all on Rubber Hose. Screen Doors and Windows. ENAMELED WARE Prices are not going, going—but have already gone down to cost and below on a great many items in our enameled ware stock. This sale we have put on for the especial benefit of those just starting housekeeping and of those who wish to replenish their kitchen at this, the moving season. All of these goods are from our regular stock, and all are first quality enameled ware. None of them are factory seconds or factory job lots. They are all priced at, and many below, actual cost. 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 Kettles; regular price $1^5; this sale 77c All white Tea Pot; regu lar price 85c; this sale, 42c All white Wash Basin; regular price 35c; this sale -.— ..17c 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 Sale. 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/ iif i?" TJ ■ JjHi IV'..