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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.