Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 19, 1913, Image 2

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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.