Newspaper Page Text
VfTE ATLANTA GEORGIAN AND NEWS.
3
DORSEY FIGHTS HARD TO BOLSTER UP DR, HARRIS' EVIDENCE
Calling of More Medical Experts by State Materially Lengthens Frank Trial
Continued from Page 1.
State’s case instead of in the rebuttal.
He said that the defense had not
attempted to cover any new points
through the physicians they had on
the stand and that these experts were
questioned solely with the purpose in
view of discrediting Dr. Harris.
Endless Process
Seen by Arnold.
"If thin 1, to be allowed,” *nM Ar
nold, "It will mran that It Is to be
■Imply an endless process. I never
heard of such a thins before. If
Mr. Doraey la permitted to call all
the medical experts he wishes to
bolster up the testimony of Dr. Har
ris, 1 shall call back all of the ex
perts we had on the stand."
The argument had Its beginning
late Tuesday afternoon when Dr.
Clarence Johnson, a well-known At
lanta specialist, was called to the
stand Just before adjournment. Hes
ter and Arnold entered their objec
tions the Instant that Solicitor Dor
sey began questioning the witness
along the same line that he had ques
tioned Dr. Harris when the State
presented Its case against the de
fendant.
"I Just want to question this man
In rebuttal of the denfenses wit
nesses,” Insisted the Solicitor. “Th«y
testified that Dr. Harris was making
a wild and reckless guess when he
declared that Mary Phagan was killed
within three-quarters of an hour after
she ate and left home. I want to
prove by Dr, Johnson and the other
experts that I will call that this
declaration of Dr, Harris was based
on scientific principles that are well
known to the physicians who special
ize along those particular lines.”
The Solicitor said that he had plen
ty of authorities to uphold him In
his stand on the admissibility of the
testimony In rebuttal and asked the
Judge to adjourn until Wednesday
morning so that he might have time
to look them up. The Solicitor got
Dr. Johnson to say before he left
the stand that Dr. Harris was premis
ing his statement upon substantial
physiological principles and that it
was in no sense a wild guess. It
was the plan to recall Dr. Johnson
to the stand again as soon as court
onened Wednesday.
Expert Permitted to
Answer State’s Query.
Dr, Clarence Johnson was called
and Solicitor Dorsey resumed his ar
gument on the admissibility of evi
dence supporting Dr. H. F. Harris.
"1 have this authority." said Dor
sey. “It has been the well-recog
nized practice to follow this course. I
have not been able to put my hand
on a specific authority, though I have
looked for it for some time. How
ever, 1 think your honor will recall
that it Is the uniform practice to al
low the State to make out a prima
facie case and go into the whole thing
later. It is within the discretion of
the court to allow a case to be reop
ened even after the State and the de
fense have rested."
“What 1 want to know Is,” said
Judge Roan, "if you want to reopen
this whole case.”
"I have a right to do that," said
Dorsey.
“Where would this thing end?”
asked the Judge. "They would have
the right to rebut.”
•“Of course the court would not al
low anything absurd."
••What is more absurd," asked Ar
nold, "than for the State to bolster up
Its testimony after the matter Is
closed? I know some Judges who
have been elevated from the office of
Solicitor General who would allow the
State to bring in anything on rebut
tal. If this Is to be reopened, we are
going to ask to be allowed to bring
back our experts to go over the re
buttal. If Dr. Harris’ testimony needs
bolstering, he should have put up the
doctors at first."
“As a matter of right," said Judge
Roan, “you (Dorsey) have not any.
As a matter of discretion of the court
you have. I will exercise that discre
tion in your favor. Mr. Dorsey. You
may go on w*lth the question."
Girl Died Within Hour
After Eating Cabbage.
Solicitor Dorsey had the court ste
nographer read the hypothetical ques
tion about the length of time the
cabbage Mary Phagan ate had been In
her stomach and whether a doctor
could determine anything definite
about the time of death or whether it
would be a wild guess.
The answer was:
"To answer that question under
the oath 1 have taken I would have to
know whether the pathologist was
thoroughly capable and employed the
most modern scientific methods."
Q Well, assume that he was, doc-
totl—A. U a rawahir pathologist
found there was only combined hy
drochloric acid with due considera
tion of other conditions as possible
factors, I would express In my opin
ion scientifically that the digestion of
the bread and the cabbage was stop
ped within one hour after eating.
The witness then addressed the
court:
"Your honor, I w-ould like to have
my answer read to me by the ste
nographer." The request was granted.
Q. Is every stomach a law unto
itself?—A. No.
- Arnold took the wltneas on cross-
examination.
Q. What are some of the other pos
sible factors?—A. I didn't say that.
Q. What did they say, then?—A. I
said there were probable factors in
the cut* on the head and strangula
tion.
Q. Well, how would that affect di
gestion?—A. Anything that disturbs
the circulation of the blood would af
fect digestion.
Q. What did you mean by me
chanical conditions?—A. The thick
ness of the stomach, the size and the
general appearance.
Q. Do you consider the color test
reliable?—A. Yes.
Q. It depends entirely on the eye
of the man?—A. Not exactly.
Q. If a man were color blind would
It afTect the test?—A. Why, of
course.
Says Digestive Juices
Disappear After Death.
Q. Now this acid has an ascending
and descending scale, hasn't It?—A.
Yes.
Q. What is the highest degree of
activity?—A. Do you want my ex
perience?
Q. No, the science.—A. I think
It varies from 30 to 40.
Q. What becomes of the pancreatic
Juices of the stbmach after death’
—A. There are no pancreatic Juices
of the stomach. They are in the in
testines.
Q. Well, what becomes of them aft
er death?—A. They would lose the
chemical property in time, but the
physical pancreatic Juice would re
main.
Q. What becomes of free hydro
chloric acid after death?—A. When
the stomach disintegrates it disap
pears.
Q. But tell me, doctor, what be
comes of the free hydrochloric acid
after death regardless of time? A. It
Eventually disappears.
Q. What delays the beginning of
the digestive process?—A. If mas
tication was not good, or rather very
bad, it would be delayed.
Q. Would walking delay it?—A.
Not unless it was a tiring walk.
Q. Well, when you answered Mr.
Dorsey’s question, you only meant one
hour from the time digestion started
and not how long It had been ht the
stomach?—A. Yes.
Q. You said, as I remember It, that
digestion began within an hour and
was arrested?—A. I prefer to have
my answer read.
Q. The stenographer Is taking every
word you are saying. He will do you
Justice.—A. It is not Justice for my
self I want. 1 want to do Justice to
all.
"Yes, I know that," said Arnold,
and,' continuing:
Q. Could you tejl by looking at
that cabbage how long digestion had
been delayed?—A. In my laboratory
I could tell exactly. Here It would
only be an estimate.
Witness Declines to
Guess at Anything.
Q. You mean a guess?—A. I don’t
guess at anything.
Q. You never made any teat on
Mary Phagan’s stomach?—A. No.
Q. You are simply testifying what
possibly might have been done?—A.
1 am simply testifying to -scientific
truth.
The witness was excused and Dr.
G. M. Niles, another stomach and in
testinal specialist, and a professor at
the Atlanta Medical College, and also
author of a book on pellagra, was
summoned. Dorsey questioned him?
Q. Does science recognize that
every stomach Is a law unto itself?—
A. Every healthy normal stomach has
certain fundamental relations to all
other healthy normal stomachs.
In answer to the hypothetical ques
tion embracing the case of Mary
Phagan, Dr. Niles answered: “In
the orderly process of the course of
digestion, there should be pure hy
drochloric acid in the course of one
hour. I am answering my question
without regard to any psychic or
physical shock. I am not going so
much by the appearance of the cab
bage as the statements of the re
sults of the laboratory tests.”
Q. What have you to say about
variations of diseased stomachs?—A.
There are wide variations. Stomachs
b&ve JdiowttGrautes. but wb&e Uuj*
are very marked I would not call
them normal.
Q. There is nothing that differs so
much as individual digestion, is there?
—A. I would say that a man’s tem
peramental view of life differs more
than that.
Q. How long does It take cabbage
to digest?—A. I can not answer that
question absolutely.
Q. Don’t you know what the books
say—from four to /our and one-half
hours?—A. I can not answer that
specifically.
Q. What is the longest time y*»u
have known cabbage to remain in a
DORSEY IN ACTION IN
CLASH OVER EVIDENOE
SOLICITOR HUGH DORSEY.
SMS HIS 100 BILLS STILL
T
fairly normal stomach?—A. Four or
five hours.
Q. You found it there in a nofmal
stomach five hours, haven't you?—A.
The remains of it.
Q. Is starch one of the carbo
hydrates?—A. Yes.
Q. Then cabbage Is a carbohy
drate?—A. Yes.
Cabbage Had Not Been
In Stomach Three Hours.
Q. Then the digestion should begin
in the mouth?—A. That Is the pre
liminary mechanical process.
Q. Well then. In a normal stomach,
If the cabbage were not well masti
cated It would be there some time
before the stomach started work,
wouldn’t It?—A. No, I would say the
stomach got busy Immediately.
Q. You would not say how long that
cabbage was In that lltle girl’s stom
ach, would you?—A. I would not.
Q. Now, look at that cabbage and
tell me whether It might not have
been there three hoars or more.
Dr. Niles looked at the cabbage
several mlnuts and said: "No, If It
had been In the stomach three hours.
It would have been more pulverized.”
Q. Now, if this little girl ate that
cabbage, bolted it down In a hurry
to get to town and see the parade,
would you say that that circumstance
delayed digestion?—A. Well, If she
was hungry and took any pleasure in
eating the meal, the mastication or
lack of it would not make any great
difference.
Q. Then mastication does not make
any great difference?—A. It certain
ly does.
Q. Did you make any examination
of the stomach?—A. No.
Q. You made non eof the tests?—
A. No.
Q. Do you know that the doctor
who made the examination did not
save any of the contents of the
stomach?—A. I read It.
Q. Did you know that he did not
call any physician In to help hlin?—
A. Yes.
Q. That he did not divulge any of
the findings until he came here?—A.
Yes.
Q. That he kept those findings se
cret?—A. Yes.
Q. That we only have his plain
unsupported statement?—A. Yes.
DR HARRIS NOT GUILTY
OF BREACH OF ETHICS
Dorsey took the witness.
Q. Is there any set of ethics that
praohlbits those things?—A. I never
heard of It.
The witness was excused and Dr.
John Funkle, who holds the chair of
pathology and bacteriology at the
Atlanta Medicdl College, where he
graduated tewelve years ago, was
called to the stand. Dorsey ques
tioned him concerning an exainlna
tion made of Mary Phagan’s body,
and then propounde his usual hypo
thetical question about the cabbage.
A. About the cabbage, I would not
like to say positively that with the
conditions found In tne laboratory
test taken Into consideration, that
the first slv feet of the small intes
tines were clear, and if there was
found 32 degrees of combined hydro
chloric acid I would say the cab
bage had been there an hour, maybe
a little more or less.
Arnold took the witness.
Q. When did Dr. Harrte come to
you In regard to this examination?
a'. He didn’t come to me, I was asked
to look into It last Saturday.
Q. Who asked you?—A. Dr. Dor
sey, the brother of the Solicitor.
The wltnes was excused and Dorsey
tendered a telegram from Leo M.
Jf’rank to AdoUtb Monjeg. in New
York, on April 28, as evidence. This
telegram read:
Atlanta. Ga„ April 28. 1813.
Adolph Montag. Imperial Hotel,
New York. You may have read
in Atlanta papers of factory girl
found dead Sunday morning in
cellar of pencil factory. Police
will eventually solve it. Assure
my uncle I am all right in case
he asks. Our company has case
well in hand. Leo. M. Frank.
O. M. Battie, manager of the Pos
tal Telegraph Company was called.
Dorsey questioned him.
Other Messages Not
Signed by Frank.
Q. Up to April 29 did either Frank
or the National Pencil Company do
business with you?—A. I could not
say. !
Q. Did Frank send a telegram
through your company on April 29 ?—
A. I have one daled April 29.
"I made a mistake,” said Dorsey.
‘It was April 28. It was received
Ap^il 29. I just put him up because
he s«id he could not divulge anything
except in court.” The ^witness was
excused.
W. G. Peeples. of the Western
Union Telegraph Company, was
called.
Q. Did the Western Union Tele
graph Company have any telegrams
sent by Leo M. Frank on April 26, 27
or 28?—A. No.
Q. Did your company have any on
the dates covered by the subpena
duces tecum?—A. Yea
Q. Let me have them.
Dorsey looked at the telegrams and
said:
“Your honor, these are not signed
by Frank and I don’t care to intro
duce them.”
Girl Says Frank's
Character Is Bad.
Miss Myrtice Cato was the next
witness called. Dorsey queetlonedher.
Q. Are you acquainted with the
general character of Leo M. Frank?—
A. I am.
Q. Is it good or bad?—A. Bad.
Q. Did you work at the National
Pencil Company?—A. I did.
Q. When?—A. For about three and
one-half years up to Vprll 28, 1913.
Q. On what floor did you work?—A.
Fourth.
Dorsey turned to Rosser.
“She Is with you,” he said cooly.
“Come down,” said Rosser.
Miss Maggie Griffin was called to
the stand. Dorsey questioned her.
Q. Were you acquainted with the
general character of Leo M. Frank
prior to April 26?—A. Yes.
Q. Was it good or bad?—A. Bad.
Q. • Did you work at the National
Pencil Factory?—A. Yes, for two
months.
Q. On what floor?—A. Fourth.
Rosser took the witness on cross-
examination.
Q. Where did you work?
Dorsey interrupted to say: “I
haven't finished. I have another ques
tion yet.”
Q. Are you acquainted with Frank’s
character for lasciviousness? That
is, bis conduct toward womens I
don’t want you to answer until the
judge rules. Your Honor, doesn’t
the fact that he dentes certain charges
make my question admissible?
Rosser: “Let the jury retire if he
is going to argue this, but your Honor
has already ruled.”
The jury left the room.
Judge Roan: “Mr. Dorsey, give
me spme authority on that.”
Dorsey: “We don’t need any au
thority for that. The defendant’3
own statement makes it admissible.”
Dorsey looked on his table for a
copy of Frank’s statement, but did
not find it. He continued addressing
the court:
“While this jury is out I want to
say that I Want to put up a witness I
who will say she saw Frank go In
the dressing room on the fourth floor
with a woman.” '
Rosser: “You have already ruled
on that.”
Dorsey: “This is a specific instance
to rebut and impeach the statement
of the girls on the fourth floor. We
want to show that he went into that
dressing room with,a forelady.”
Judge Roan: “You can show his
general character for lasciviousness.
I don’t know about the other. You
will probably have to call the woman
and put the question to her and then
seek to impeach her.”
The jury was ca’ed back.
Train Held Up in
Outskirts of City
PORTLAND, OREG., Aug. 20.—
Passengers on the Soo-Spokane ex
press train on the Oregon-Washing
ton Railroad and Navigation line were
forced to stand in line and give up
their money and valuables to-day
when five masked men held, up the
train as it was passing under the
East Twelfth Street Bridge.
Every coach was visited by the rob.
bers and more than a score of shots
were fired to frighten the passengers
and trainmen.
Man Once Candidate
Against Lincoln Dies
LOS ANGELES, Aug. 20—Herman
Silver, a pioneer capitalist of the
West, and for many years a govern
ment employee, died suddenly at his
home. He was 84 years old.
Mr. Silver at one time was a can
didate against Abraham Lincoln for
Clerk of the Circuit Court in Illinois.
Adele Ritchie’s Lost
Her Talking Machine
GREENWICH. CONN., Aug. 20.—
Miss Adele Ritchie, actress, who is
Mrs. Charles Nelson Bell in addition,
is now engaged in the unpleasant pro
ceedings of being sued by Charles
Fleming, who lives across the street
from Miss Ritchie's “ApplejacK
Farm.”
Mr. Fleming alleges that Miss
Ritchie owes him $50 for hens and
pigs.
What Miss Ritchie says about the
case will not be found in these col
umns.
he is now sane and rational. The
facts that Thaw has not broken any
Canadian laws and that no indictment
exists against him across the border
were emphasized. Thaw offered many
suggestions to his lawyers and in a
way seemed to be their pilot. He
looked very solemn and impressive
as he gave his opinions of his own
case.
“My idea is that speed is the requi
site thing,” Thaw told them.
The Canadian Government and the'
United States Government were both
represented by able counsel who re
sisted Thaw’s efforts to gain his
liberty on a writ of habeas corpus
They contended that the law gov
erning Thaw's case is very plain and
they pointed to precedents.
In fact, it was reported that Act
ing Superintendent of Immigration
Blair in Ottawa had been counseled
by the ministry of justice that Thaw
should be deponted at once. When
Thaw heard this report he trembled
and became pale. He was unnerved
by the news and showed it.
The presence here of the most spec
tacular and sensational prisoner In
the world made to-day a gala occa
sion. Not one of the provincial fairs
which are being held throughout
Eastern Canada at this time could
vie with Thaw' as an attraction. Great
crowds came into Sherbrooke from
the surrounding country.
Eager for Glimpse of Thaw.
Fimilies gathered about the jail,
hoping to get a glimpse of the well
known prisoner if he was taken to
the courthouse. Some came a dis
tance of 100 miles to see Thaw. The
street on which tne jail is located
was Jammed.
This curiosity tickled Thaw Im
mensely. He said he did not want to
disappoint any one who really wanted
to see what he looked like.
Mr. Shurtleff was resentful against
Justice of the Peace Dupuis, of Coat-
icook. who held Thaw on the charge
of being a. fugitive and sent him here
for further examination.
“We contend that Justice of the
Peace Dupuis acted illegally,” de
clared Shurtle:. “He exceeded his
authority. He had no right to hold
Thaw.”
Colonel Fraser assured Thaw that
conspiracy is not an extraditable of
fense and that he need not feel any
great alarm over the fact that a war
rant charging Thow with conspiring
to gain his liberty is on its way
here from Dutchess County. He did
not give such optimistic assurances
about deportation, however.
Thaw lost no time in arranging to
secure cash. He telegraphed to a
banker relative in Pittsburg (where
the bulk of the Thaw fortune is in
vested) to send him money to fight
his case.
With virtually all of the Important
general bills signed in more than
twelve hours of hard work Tuesday,
Governor Slaton started to work early
Wednesday morning with about a
hundred local bills on his desk that
must be signed by midnight to-night.
In addition to the local bills, there
are a few general measures that were
not considered yesterday, but none of
any great importance. Two of the
local bills directly affect Atlanta, one
providing for a new city charter, and
the other creating municipal courts.
Both these bills will be considered by
the Governor to-day.
Among the important measures
hat received the official signature
an<T became laws Tuesday were the
general appropriations bill, the inher
itance tax bill, the bill establishing a
home for wayward girls, the perma
nent registration bill, the ijiedical
practices act, the bill increasing the
occupation tax on corporations, and
the “blue sky” law relating to the
sale of stocks and bonds.
By signing th# wayward home girls’
bill the Governor effectually disposed
of the rumor that he intended to
veto the measure. The basis of the
report, it is understood, was the
Governor’s antipathy to signing any
bill that would increase the appro
priations while it made no provision
for increasing the revenues propor
tionately..
Telegrams Flood Office.
Tuesday Governor Slaton received
between seventy-five and one hundred
telegrams from individuals and or
ganizations, urging, him to sign the
bill, which doubtless influenced him
to a certain extent, together with the
new report that tax returns showed
an increase in taxable values of sev
eral millions of dollars.
The appointment of a committee of
two men and one woman to have
charge of the home probably will not
be announced until Governor Slaton
returns fVom Colorado Springs, where
he will attend the conference of Gov
ernors which will be held there four
days beginning next Tuesday. He
will be accompanied by Mrs. Slaton,
Colonel Frederic J. Paxon, chief of
staff, and Mrs. Paxon. The. party will
leave Atlanta Saturday and expect to
arrive in Colorado Springs Monday.
The conference next week promises
to be the greatest gathering of Gov
ernors ever held in the United States.
Forty-six out of the forty-eight Gov
ernors of the Union have declared
they will b e present.
Great Welcome Promised.
Governor Ammons, of Colorado,
and Mayor McKesson, of Colorado
Springs, will welcome the visitors,
and Governor Spry, of Utah, will re
spond to the greetings. The perma
nent organization will then be effect
ed, and in the evening the Governors
and their wives will be guests at a re
ception given by Mrs. Ammons, wife
of the Governor of Colorado.
Wednesday the official sessions of
the conference will begin, and will
continue until Saturday evening.
Among the speakers will be Governors
Cruce, of Oklahoma; Lister, of Wash
ington; O’Neal, of Alabama; Hunt,
of Arizona: Ilodges, of Kansas;
Dunne, of Illinois^ Baldwin, of Con
necticut, and Carey, of Wyoming.
Mrs, Caroline Weaver,
Fulton Pioneer, Dies
Mrs. Caroline Weaver, a lifelong
resident of Fulton County, died at
the 'home of her son, Captain Homer
Weaver, No. 17 South Wellington
street. Tuesday night at 11:30
o’clock. She was 81 years old. Th©
funeral will be held, from the resi
dence Wednesday afternoon at 5
o’clock. The body will then be taken
to the Donehoo undertaking parlors,
and Thursday morning will be ship
ped over the Seaboard to Tucker,
Ga„ for interment.
Besides her son, Homer, who has
charge of the armory at the Audito
rium, Mrs. Weaver is survived by two
sons and two daughters—J. H. Wea
ver, a contractor; W. W. Weaver,
Mrs. L. C. Wilson and Mrs. L. S. Mc-
Mullin. She is the widow of Judge
W. D. Weaver, who was on^the bench
in Atlanta several years.
Electric Chair for
Cats Is Projected
PASADENA, CAL., Aug. 20.—-Stray
dogs and cats marked for execution
by the Pasadena Humane Society
will be sent to their final journey
across the border by a miniature /
electric chair, according to Dr. E. L. f
Conger president of the society.
Dr. Conger recently saw one of the
animal electric chairs operated in
Boston which killed doge and cate In
a fraction of an Instant.
Dr. Conger stated that immediate
steps would be taken to Install one
of the chairs by the local humane
society. «
French Count Says
Canal Lacks Soldiers
Special Cable to The Atlanta Georgian.
PARIS, Aug. 20.—Count Maurice
De Perigny. French explorer, writing
to the Paris “Tepips” from Colon,
say©:
The Count think© that Instead of
8,000 soldiers distributed along the
Panama Canal, there should be at
least 25,000.
JOKE DISLOCATES JAW.
CAMDEN, N. J., Aug. 20.—A joke
told by one of her 200 fellow em
ployees tickled Jennie O. Chlnpa so
much that she laughed until she dis?
located her jaw.
OBITUARY
Evelyn Cates, the 8-year-old daugh
ter of Mr. and Mrs. C. L Cates, died
at 8 o'clock Tuesday night at a
local sanitarium. Funeral arrange
ments will be made later.
Mrs. M. C. Weaver, 82 years old, died
late Tuesday night at the home of
her son. Homer Weaver, No. 17
South Wellington street. Surviving
her are three sons. Homer. Hollie
and Will Weaver, and two daugh
ters. Mrs. L. C. McMillan and Mrs.
Louise Wilson.
The Body of H. A. Bailey, of Bear
Creek, Ala., who died Tuesday from
injuries received in falling from a
train, is at Patterson’s chapel,
awaiting the arrival of relatives
from Alabama. .
The Best Food-Drink Lunch at Fountains
’xl^ls !*"*•■* .ur
W Insist Upon
SBiauuL UADI lAftf’C
GEHUIHE nUltLIvfl O
Avoid Imitations— Take No Substitufo
Rich milk, malted grain, in powder form. More healthful than tea or coffee.
For infants, invalids and growing children. Agree/ with the weakest digestion.
■Pure nutrition.upbuilding the whole body. Keep it on your sideboard at home.
Invigorates nursing mothers and the agecL. A quick lunch prepared in a minute.
"The most completely lost of
all days is the one on which
we have not laughed.” ,
The
Piedmont
Hotel
Is the center of Atlan
ta’s gayety, and happy
dining parties constant
ly throng its Ladies’
Restaurant, its Cafe and
the Buffet.
To add to the pleasure
of our guests and pa
trons, we ax*e now serv
ing
Imported
Muenchener
Kinder l’ Brau
.—on draught.
And also the celebrated
Piel’s Pilsener
—on draught.
t
The Piedmont Hotel
has exclusive sale for
these well-known im
ported beverages and
the patronage of dis
criminating persons is
courteously solicited.
You
are invited to make the
Piedmont Hotel your
headquarters for * any
meal or After-the-The-
ater. Service superior to
any heretofore known
in the South.