Newspaper Page Text
I
VUK ATLANTA UKOKUIAN AND NTWS.
Continued from Pago 1.
custody during this trial?—A. Yrs
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 word*," said Arnold, "but
probably Mr. Dorsey is*right. I will
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-
*ey made the announcement that four
doctors of the following five would
be called by the prosecution:
Drs a. C. Mlxell, F. L. Eskridge,
Clarence Johnson. John Funks, S. E.
Benedict, of Athena, and J. C. Cra
mer, of Macon, the latter two presi
dent and vloe president of the State
Board of Health.
Solicitor Dorsey asked that Daisy
Hopklna"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 f—A. 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. Yea.
Q. Have you known him for a lorn?
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 basen»ent of the Na
tional Pencil Factory?—A No
Q. Do you know Bob Goddard?—A.
Yes.
Q Do you know Dr. R. 9. Pound, of
Redan?—A. Yea.
Q. Do you know Mr. Smith, super
intendent of the Nunnally-McRae
Company?—A. On Mitchell street?
Q. Yea—A. Yes, 1 know him.
Q. Do you know Walter P. Murk?
—A. Where does he live?
Met Murk On
Peachtree Street.
Q. You met him flrst 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. Yee; at Re^an.
Q. Do you remember meeting Wal
ter P. Murk 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; 1 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, oeclarlng that a
female witness could not be attacked
In that way.
"Your honor." natd Dorsey, "1 want
to show by Murk 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
dles retire also," said Dorsey. "I don’t
want to embarrass them ."
Jury aiW 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 la their witness,” said Dor
sey. "We want to ahow that this man
Murk had her Saturday afternoon,
and she said she was going to the
National Pencil Factory. It waa cold
weather. We want to ahow that he
saw her that night and what she told
him.”
The witness interrupted:
"It waa 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
*T want to show that she told Murk
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 "
“Murk 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 draw its own conclu
sions."
"I knew- when your honor refused
to rule#*it the charges of Conley and
Dalton,^haid Arnold, taking up the
argument, "that you were opening the
doors for new issues that would ob
scure the charge of murder. I knew j
it would lead to a situation in im- j
peachments bringing us to the point
where we would hardly know who we
were trying. This woman never
would have been put up as an orig
inal witness except for the aspersions
cast on her by Conley and Dalton.
Dook how far afield we have wan
dered. Now, he wants to impeach
this witness on something with which
the defendant has no connection.’’
Defense’s Objection
Is Sustained By Roan.
"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, ad'ding, In
an undertone, "That shuts me off;
that ahuts me off."
Dorsey continued the. examination: l
Q. Didn’t you meet Murk 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.
i Men Say Woman’s
Character Is Bad.
Miss Hopkins was excused, and J.
R. Floyd, of Redan, Ga., was called.
Dorsey questioned him.
Q. Do you know Daisy Hopkins?—
A. Yes.
Q. Do yon know how many hus
bands she has?
Rosser: *1 object, your honor. I
don’t care if she has *hree 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 the 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. D. 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 against 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 tt 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 flrst part of his life was bad.
The last part has been good.
Q. Would you believe him on oath?
—A. Yes.
Rosser took the witness on cross-
examination.
Q. When was 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 was
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
cific acts, can’t I?”
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 ,wa« overruled.
A. lAat Friday, a week ago.
Q. Wife approached you?—A. Har
ry Oottheimer.
Rosser again objected, and was
sustained.
Q. Are you acquainted with the
character of C. 13. 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 declared
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 a4 a carpen
ter. Dorsey questioned him.
Q. Are you acquainted with Dal
ton’s general character?—A. 1 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 *ay 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 was excused, and A. B.
Houston, of Decatu r a farmer, who
has 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
Ingleslde, in DeKalb County, and
who now operates a cigar and soda
fountain at Decatur, said he knew
MOTHER OF LEO FRANK
Mrs.
Rea
Frank.
Dalton and would believe him on
oath.
W. M. Wright, of Atlanta, general
manager of the Independent Transfer
Company, testified in behalf of Dal
ton's good character and declartu
that he would believe him on oath.
W. C. Hale, of No. 88 Kirkwood
avenue, Atlanta, formerly of Walton
County, testified to Dalton's good
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, bu-t 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,
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 I,ee?—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 where 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 were you hurt?—A.*This fel
low Dee 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 waste there, which
I put around my hand.
Q. Did any blood drop on the floor?
t —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 Dee 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,
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.
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 waste until you got to the of
fice?—A. No.
The witness was excused, and the
witness Murk was called, but failed
to answer. Willie Turner, of Sandy
Springs, the 16-year-old son of E. M.
Turner, a farmer, was 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
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.
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 oe
presented to the jury in hie behalf
before his fate is placed in the hands
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 emotion
of pity would have passed away.
Although Frank seldom raised his
voice above a conversational tone, his
address waa 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. These
are the only two conclusions possible.
The matter-of-fact manner in which
he delivered his long address only
added to its impressiveness and elo
quence. That a man with the bur*
den of a foul murder on his conscience
could talk easily, freaJf. fearlessly for
four hours before u»e men whose
word can send him to the gallow9
was hardly to be conceived.
As he stod before the jurors mak
ing minute explanations of the intri
cate work involved in the financial
sheets, the reports and the hundred
and one details of his work, the im
pression that he gave was that of a
fluent classroom lecturer thoroughly
j at home with his subject. He was
not disturbed by interruptions. He
spoke easily and with unconscious
gestures.
He spoke more than two hours on
the complexity of the work he was
compelled to do Saturday forenoon
and afternoon the day that Mary
Phagan came to her death. He ac
counted for every moment of his
time on the day of the murder.
The latter part of his address was
given over to his experience with the
detectives, for whom he did not ap
pear to have great respect or admira
tion, and to a categorical denial of
all the charges made against him.
One of his most startling state
ments was in reference to the sup
posed blood spots near the ladies'
dressing room on the fourth floor
which have figured so prominently in
the case since their discovery by R. P.
Barrett, a machinist at the pencil
factory.
Frank said that he had m^de an
examination of the spots of which
the detectives and Solicitor General
have made a great deal.
“I did not depend on the light from
the windows for my inspection,” said
the defendant. “I crouched right
down on the floor and made the clos
est sort of an inspection. I discov
ered a curious thing. I scraped away
with my Anger and I found that there
was an accumulation of dirt and
grease over the dark spots. The ac
cumulation was not that of three
days. It w r as not that of three wf°ks
It was an accumulation of three
months or more.
“Another thing which has been
overlooked in connection with these
spots is the effect that the Haskoline
compound would have had had It
b<*en smeared over real blood spots
when the blood is fresh. The Hasko
line. which Is simply a lubricating
mixture, is applied in a liquid con
dition. Had the blood been fresh,
as the detectives have presumed, it
would have mixed with t'he Haskoline.
which would have turned a pink or
red color instead of remaining white
as has happened to be the case.”
Admits His
Nervousness.
Frank admitted readily that he had
been nervous when he was routed
from bed and taken without his
breakfast to the undertaking rooms
to view the body of the murdered
girl.
“I was nervous; I admit it,” he
•aid. “I was extremely nervous. I
was distracted. But what man would
ict have been under the circum
stances? It would have been a man
of stone who would not have been
affected by the tragedy of this little
girl killed on the dawn of woman
hood.”
He made a sensational charge. In
timating that an attempt had been
made to “frame” against him by the
detectives in connection with the
time slip taken from the clock the
morning after the tragedy.
He declared that on the slip he
took from the clock he wrote: “Taken
out at 8:26 a. am.,” underscoring the
words with two he.i vy lines. He said
that he handed this slip at once to
Chief Danford.
That an a.ttempt had been made
at the erasure of this means he had
taken to identify the slip was the
accusation he made. He held the slip
up to the jurors and told them that
the words were still faintly visible as
well as the two lines with which he
underscored the words.
He added that such a vigorous at
tempt had been made to rub out his
writing that the red lines on the time
slip also had been partly obliterated.
Toward the beginning of his ad
dress he referred to his home life,
which the detectives at various times
have sought to show was unhappy.
He drew an affectionate smile to the
lips of his pretty wife when he said
that his married life had been excep
tionally happy, the happiest period of
his career.
He referred only briefly to the tes
timony of C. B. Dalton, w r ho said on
Wife at Last Breaks Down,
Overcome by Frank’s Story
After having braved every trying
courtroom ordeal and faced every
horrible charge hurled at her hus
band with a stofeisrn almost as un
flinching and imperturbable as his,
Mrs. Deo Frank gave away complete
ly to her emotions and sobbed unre
strainedly as Frank said the last
words of his wonderful and most im
pressive address to the jury Monday.
It was the final dramatic touch to
a situation that had held a courtroom
full of spectators In an irresistible
thrall through four long hours of the
afternoon.
The spell that had been cast over
the room by the quiet but earnest
words of the slight young factory
superintendent was broken by the
tones of the deputies, who shouted
the moment Frank rose to leave the
witness chair:
“Keep your seats, gentlemen, while
the jury passes out.”
Frank Rushes to Wife.
In the confusion that followed some
did not notice that Frank rushed right
to the side of his wife, whq had
thrown her head in her arms and
was shaking with pitiful sobs as she
moaned his name again and again.
The woman who had steeled herself
against the accusations and innuen
does of the Solicitor General during
the three long weeks of the trial col
lapsed when her husband himself
took the stand to declare his inno
cence. 4
Many who had rushed into the in
closure to give their congratulations
to Frank naused as they observed the
piteous figure.
The jurors, already deeply im
pressed by the talk of Frank, were
freshly touched by this exhibition of
emotion. They had arisen to file over
to the Kimball House. Juror Johen-
ning, at the head of the line, stood
for several minutes with tears run
ning down his checks, oblivious of the
fact that he was blocking the rest of
the jurors and that three deputies
were waiting to take them on their
way.
Deputy Sheriff Plennie Miner leaned
against the ratlin" of the inclosure.
There was a suspicious moisture in
his eyes, which have grown accus
tomed to many tragic and affecting
spectacles.
Troublesome Lump Rises.
Very few in the courtroom had
much to say until they had managed
to subdue that troublesome lump that
persisted in rising in their throats.
“Rube, that boy put it all over you
and me,” muttered massive Duthef
Rosser, huskily, to Reuben Arnold,
his partner in the case.
For many minutes after the packed,
courtroom had emptied itself a little*
group of persons remained in fYont
of the Judge’s bench. Mrs. Frank, the
wife of the man accused of the re
volting murder, and the elder Mr3.
Frank, his mother, were weeping hys
terically, overcome by the appeal that
had been made. Relatives surround
ed them. Frank talked comfortingly
to them for several minutes, and then, t
feeling in danger of breaking down
himself, signaled Sheriff Mangum and
returned to his cell In the Tower.
the stand that he had seen women in
FVank’s office and had been intro
duced to Frank by Miss Daisy Hop
kins. Frank denied he ever had met
Dalton. He denied flatly any intima
cy with women in his office or any
where else, and denounced as un
speakable slanders the charges of
other acts of immorality.
His account of the visit of Mary
Phagan to his office was simple and
direct. He said .she came and asked
for her pay and was given it. As
she passed from his sight she called
back to ask him if the metal had
come. He answered, “No,” and then
heard her footsteps retreating. He
thought that he heard a female voice
an instant later, but paid little atten
tion to It.
That, he said, was all he knew of
Mary Phagan’s movements on th® day
she met her death. He did not even
know her name at the time, identi
fying her by the number on her en
velope. That he had any part in her
death or in the disposal of her body
he denied absolutely. Fie branded the
story of Jim Conley, the negro, as a
tissue of lies from start to finish.
“I have told the truth and the whole
truth,” he said as he left the stand at
6:05 o’clock. He had been talking
almost continuously for four hours.
ALABAMA MILITIA CAMP.
MOB IDE, Aug. 19.—The artillery
encampment and that of the officers
school of the Alabama National Guard
will be held here September 15 to 23,
according to announcement of Adju
tant General J. B. Scully.
Sulzer Holds Fort,
Ignoring Ruling of
Attorney General
ADBANY, Aug. 19.—Unaffected by
the opinion of Attorney General Car-
mody who held that Martin Glynn
legally is Governor of New York,
William Sulzer occupied his office in
the executive chamber this morning
as usual. He came to the capitol at
the usual time and took up the morn
ing mail.
Chester C. Platt, his private sec
retary, announced that Mr. Sulzer
still regarded himself as the legal
Governor.
“We knew what the opinion of the
Attorney General would be before it
came out,” he said.
Grace Revival Draws
Large Crowds Daily
Revival services which started at
Grace Methodist Church Sunday are
being largely attended both momingv
and evening. “The Purpose of God”
and “Giving the Other Man a Chance”
were the subjects dwelt on by the
Rev. J. M. Bass Monday. Both ad
dresses were forcefully delivered and
made a deep impression on the audi
ence.
O. W. Stapleton, the singing evan4
gelist, rendered several solos and di-*
rected the large chorus. H. K. Chap
man, a prominent architect of At
lanta, is issuing daily a bulletin on
the revival.
SUMMER
PLEASURES
0
[«SQAP
Suggest
CUTICURA
SOAP
And Cuticura Ointment. These gen
tle emollients do much to soothe
tender skins and dispel summer
rashes, eczemas, prickly heat, itch-
ings, chafing, sunburn, bites and
stings. For everyday use in promot
ing and maintaining skin and hair
health among infants and children,
Cuticura Soap and Cuticura Oint
ment are most valuable.
Cuticura Soap and Ointment gold throughout the
world. Liberal sample of each mailed free, with 32-p.
hook Address “C'utlcura.” Dept. 8G, Boston.
*T*M«n wLo shave and shampoo with Cuucura
Soap will find it best tor %km aad scalp.
25 Per Cent Discount
Special Prices on all
on Rubber Hose.
Screen Doors and Windows.
ENAMELED WAR
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,
;he moving season.
All of these goods are from our regular stock, and all are flrst quality enameled ware. None
of them are factory seconds or factory job lots. They are all priced at, and many below, actual
cost.
Rules of the sale, cash only.
None delivered unless purchase amounts to $1.00 or more.
All white Chamber Pail;
regular price $1.50; this
sale 74c
All white Tea Pot; regu
lar price 85c; this sale, 42c
Blue and white Preserving
Kettle: regular price $1.25;
this sale .77c
Blue and white Straight
Kettles: regular price $1.25;
this sale 77c
Blue and white Pie Pans;
regular pr'c® 20c; this
sale 7c
Blue and white Jelly Cake
Pans; regular price 20c;
this sale 7c
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 60o; this sale. . . .32c
Gray Enameled Dish Pans
Size.
Regular.
This
Sale.
10-quart ...
J35c
17c
14-quart ...
40c
19c
17-quart ...
50c
21c
21 -quart . . .
65c
23c
KING HARDWARE CO
53 Peachtree Street
$3.75 all Oak Porch
*
10 Per Cent Discount on
Swings $1.98.
all Electric Fans.