Another in our series of new transcriptions of contemporary articles on the Leo Frank case.
August 16th, 1913
‘I’D DIE FOR HIM!’ CRIES ONE, CONVULSING COURT
CLUB AND ENVELOPE FOUND BY PINKERTON MAN PUT IN EVIDENCE
Two factory girls, one of them defending Leo M. Frank with all the eloquence at her command, and the other admitting that she had known of the factory superintendent opening the door to the girls’ dressing room on three different occasions and looking in, formed the center of interest among the score of witnesses who were called Saturday by the defense. They were Miss Irene Jackson and Miss Sarah Barnes.
Miss Jackson, daughter of County Policeman Jackson, testified on direct examination that she never had known of any improper conduct on the part of Frank, and that his character was good. Cross-questioned by Solicitor Dorsey she admitted that she had been in the room where the girls change from their street to their working clothes and had witnessed Frank open the door, look in and then turn around and leave. Once she said, Miss Emmeline Mayfield was in the room with her. On another time her sister was there, and on a third occasion, she said Miss Mamie Kitchen was the other girl in the room.
She said that her sister had started to quit at the time Frank opened the door when she was in the dressing room. The witness also was asked if N. V. Darley, general manager of the factory, ever had made the remark at the time several girls were thinking of quitting the factory directly after the murder that “if the girls stick by us through this, they won’t lose anything by it.” Miss Jackson said she had heard Darley say this. Miss Jackson quit work the day after the body was found.
Frank’s Mother Again on Stand.
Another long string of character witnesses occupied most of the session which was adjourned shortly after 1 o’clock for the day. Mrs. Rae Frank, the defendant’s mother was placed on the stand at the beginning of court, but remained there only long enough to be questioned somewhat in detail as to the means of Frank’s relatives.
One of the sensations of the day came during the testimony of W. D. McWorth, Pinkerton operative, who testified to the finding on the first floor of the pencil factory a pay envelope with Mary Phagan’s initials and number on it, a bloody club, part of a whip, a piece of rope and spots near the trapdoor leading into the basement resembling bloodstains. Exactly the value of his finds did not develop either from the examination by the defense or the prosecution. Dorsey, however, sought to show that the Pinkertons dealt in bad faith with the city detective department by not reporting their discoveries as soon as made.
Court adjourned with the testimony of Harlee Branch, an Atlanta Journal reporter, who estimated the time it required Jim Conley to re-enact his version of the disposal of Mary Phagan’s body, up to the writing of the notes as 47 minutes.
Girl Vehemently Defends Frank.
Miss Sarah Barnes was Frank’s vehement defender. The first question asked her was the signal for a torrent of words that neither Attorney Arnold nor the Solicitor was able to stop until she paused for breath.
“Do you know Leo M. Frank, the defendant in this case?” was asked.
She replied that she not only knew him, but that she knew he was a good man, a perfect gentleman, always good to the girls and everyone else in the factory, never attempting any familiarities or talking to the girls except in regard to their work and never b[e]ing guilty of any of the charges that have been made against him by the State.
“I know Mr. Frank couldn’t have committed that murder,” she cried positively, emphasizing her words with a vigorous brandishing of her fan.
“I’d be willing to die in his place. I’d be willing to fight for him. I’d be willing they’d give me any sort of death they wanted to. I just wish I could made everybody believe in his innocence.”
Judge Roan, just before court adjourned, made this statement to the jury:
“For a number of reasons we won’t hold a session this afternoon. I am very sorry you have been held together so long, but I believe this will be the last Sabbath you will be kept […]
RED-STAINED CLUB AND PAY ENVELOPE ARE SHOWN TO JURY
Pinkerton Detective Says He Found Spots on the Floor Near Cubby Hole
FRANK’S MOTHER AGAIN ON STAND; WOMEN FROM FACTORY HELP ACCUSED
[…] apart from your families. This duty is one of the burdens of good citizenship. You are here because you have measured up to the responsibility. If there was any way to relieve you I would, but you are under oath and so am I. Be very particular about your health. Be select in what you eat. Make the Sheriff exercise you as much as possible. I hope we will be able to wind up this case soon.”
Mother Denies “Wealthy” Relatives.
Mrs. Frank declared Frank’s relatives were of only moderate means. Solicitor Dorsey did not spare the defendant’s mother in his cross-examination. He sought to show that Frank’s parents in reality were wealthy and that Conley’s quotation of Frank’s alleged remarks about his “wealthy folks” was quite plausible. She said the source of the income of herself and her husband was the interest on about $20,000. They paid $5,000 for their home in Brooklyn and assumed a $6,000 mortgage on the residence.
“In what business is your husband?” the Solicitor asked her.
“He is not in business at present.”
“Ah, he’s a capitalist, is he?” said Dorsey.
Mrs. Frank replied that this was not so and added later that her husband was broken down in health and that this was the explanation of his being out of business at present.
Mrs. Frank was shown a photographic copy of the test note Frank wrote for the detectives which Dorsey had intimated was written in a disguised hand.
“That’s my son’s writing,” she exclaimed, as soon as she saw the photographic copy. “He wrote me very week and I know his handwriting.”
Mother to Son’s Aid.
A hushed crowd leaned forward expectantly as the saddened woman whose outburst of anger against Solicitor Dorsey was one of the sensations of the we[e]k, took her place in the witness chair.
The prisoner and his wife wore the same cool, unflinching demeanor. Frank kept his eyes on his mother. Luther Z. Rosser questioned Mrs. Frank.
Q. Mrs. Frank, you said you lived in Brooklyn? Has your son Leo Frank any rich relatives in Brooklyn?—A. He has not.
Q. This letter that was received by him from his uncle, were show you here?—(The small letters were in a long envelope—A. Yes, a long paper. I don’t know what it was.
Q. I show you a photograph letter. Is the writing similar to your son’s?—(He handed her the photograph of Frank’s writing for the police which witness Nix could not identify yesterday)—A. That is my son’s writing.
Dorsey Delves Into Family’s Finances.
Dorsey took Mrs. Frank for cross-examination.
Q. Mrs. Frank, you have no difficulty in recognizing that as your son’s writing, have you?—A. None at all.
Q. What were those other papers?—A. A price list, I think.
Q. Now you look at the price list?—A. No.
Q. Who are your relatives in Brooklyn?—A. My sister, Mrs. Bennett. Her husband clerks for my brother-in-law.
Q. What does your son-in-law do?—A. He is in the retail cigar business.
Q. What do your other sons-in-law do?—A. I don’t know, I have enough to do to keep up with my own affairs.
Q. What are your means of support?—A. We have a little money out at interest.
Q. How much?—A. About $20,000.
Q. Do you own your own home?—A. Yes.
Q. What is it worth?—A. I don’t know. We pay about $86 taxes.
Q. Well, what does that make it worth?—A. You must understand we have a large mortgage.
Q. How much?—A. About $6,000.
Q. Was that about one-third of the cost?—A. More than that. We paid $6,000 and assumed the mortgage.
Q. Now, haven’t you more than $20,000 out at interest?—A. No.
Q. What income do you get on that?—A. Do you want me to tell you everything of my everyday life?
Q. I want you to answer my questions, if you please, Mrs. Frank.—A. All right.
Doesn’t Know Frank’s Uncle Is Called Rich.
Q. What other relatives have you?—A. Miss Jacobs, a single lady.
Q. Are these the only relatives your son has in Brooklyn?—A. Yes.
Q. Where is his uncle?—A. He lives in Atlanta.
Q. He is supposed to be very wealthy?—A. I don’t know.
Q. Don’t you know he was in Brooklyn Saturday?—A. Not to my knowledge.
Q. Don’t you know what rate of interest your husband gets on his $20,000?—A. About 6 per cent.
Q. Do you know how much money he has in the bank?—A. About $200.
Q. How much interest are you paying on the $6,000 mortgage?—A. Five per cent.
Q. How often do you pay it?—A. Once a year.
Rosser took the witness.
Q. How old is your husband?—A. Sixty-seven years.
Q. What’s the condition of his health?—A. Very poor.
Q. Too bad to come here?—A. Oh, yes; he is very nervous.
The witness was excused and Knox T. Thomas, a civil engineer, was the next witness called.
At this time Mr. Rosser offered the letter of Leo M. Frank to his uncle, M. Frank, as evidence. Arnold questioned Mr. Thomas.
Civil Engineer Tells of Measuring Street.
Q. At our request did you make some measurements, one from Marietta and Forsyth streets to the National Pencil Factory?—A. Yes.
Q. How far was it?—A. One thousand and sixteen feet.
Q. Did you walk it?—A. Yes.
Q. How long did it take you?—A. Four and one-half minutes.
Q. Did you walk from the National Pencil Factory to Atlanta and Whitehall streets?—A. Yes.
Q. How far is it, and how long did it take you to walk it?—A. 821 feet, and three and one-half minutes.
Q. Did you walk from Frank’s office to Broad and Hunter streets?—A. Yes.
Q. How far was it, and how long did it take you?—A. A distance of 333 feet, and it required one and three-quarter minutes to walk it.
Q. How fast did you walk?—A. My usual gait, rather brisk.
Dorsey took the witness on cross-examination.
Q. You could have quickened your gait and walked from Marietta and Forsyth streets in two minutes, couldn’t you?—A. Not easily.
Q. At that rate, how long would it take you to walk a mile?—A. I’ll have to figure it—60 minutes.
Q. Sixty minutes to walk a mile?—A. No; fifteen minutes.
Q. You were more accurate in your measurements than you were with your first answer?—A. Yes.
The witness was excused and Miss Corinthia Hall was recalled to the stand. She was the first of another array of witnesses employed in the factory and scheduled to be called during the day to repudiate the charges of immorality on the part of the prisoner in the plant.
Says Conley Delayed Paying Back Money.
Miss Hall said Frank’s character was good. She added that she did not know Conley well enough to swear about his character.
Dorsey then took the witness on cross-examination.
Q. You don’t know Conley’s character?—A. No. Only I loaned him some money once and could hardly get it back. I wouldn’t lend him any more.
The witness was excused and Mrs. Emma Clark Freeman was recalled, but did not answer. Miss Ida Hayes, another employee, who works on the fourth floor, testified to the good character of Frank. She said she had never heard of any immoral practices in the factory. She would not believe Jim Conley under oath, she added.
Hooper cross-examined her.
Q. The principal trouble with Jim Conley was borrowing money and forgetting to pay it back, wasn’t it?—A. Yes.
The witness was excused and Eula May Flowers, another employee, was recalled to the stand.
She testified to Frank’s good character and gave Conley a bad record. She said Conley had borrowed money from her and never paid it back.
Miss Bessie White, another character witness was called, but did not answer. Miss Ella Hayes, now an employee of Kress’ store, but an employee of the National Pencil Company up to the date of the murder, testified to Frank’s good character. Miss Minnie Foster, an employee in the factory, said Frank’s character was good. She did not know Conley’s character.
Objection by Arnold Upheld by Court.
Hooper cross-examined her.
Q. Up to this killing, whom did you ever hear discuss Frank’s character?—A. No one.
The witness was excused.
Miss Opie Dickerson was another pencil factory employee to give Frank a good character. Conley’s character was bad, she said.
Dorsey cross-examined her.
Q. Where were you on Saturday night, April 26?—A. I don’t remember.
Q. Were you not with Louise Gershon, Wade Campbell and Mr. Darley on that night?
Arnold objected and was sustained.
Mrs. Emma Clark Freeman was recalled to the stand next. She testified to Frank’s good character and declared that that of the negro’s was bad.
Miss Jessie Wallace, another fourth-floor employee, following Mrs. Freeman, said that Frank’s character was good. She stated that she did not know Conley well enough to testify regarding him.
Miss Annie Osborne and Mrs. Ella Thomas, both employees of the pencil factory, also testified to Frank’s good character. Mrs. Thomas declared that Jim Conley had borrowed money from her and never repaid it.
Miss Bessie Thrallkill, another employee of the factory, said she did not know Frank’s character.
Arnold—I mean his reputation.
Miss Thrallkill—He was always a gentleman around me.
Hooper took the witness.
Q. Did you see Jim Conley after the killing?—A. Not that I know of.
Q. Did you hear anything about any blood on the floor?—A. Not until Monday morning.
Q. Did you see it?—A. No.
The witness was excused, and Miss Allie Denham, Miss Rebecca Sarson and Miss Maude Wright, all employees of the pencil factory, spoke highly of Frank’s character.
W. W. McWorth, a Pinkerton detective, was next called. Under Rosser’s questioning he said he devoted fifteen days to the Phagan murder investigation, beginning May 12.
Q. What did you do?—A. I questioned the employees and made a search of the ground floor.
Q. What did you find?—A. I found stains by the trapdoor which might have been blood. It was on the ground floor.
Q. What else did you find?—A. Behind a radiator I found a good bit of rubbish. There was a heavy cord in the trash. One end of it looked like it had just been cut with a sharp knife.
Pay Envelope and Bloody Club Introduced.
Q. What else did you find?—A. In one corner a few inches from the radiator, I found a piece of pay envelope folded up. It was in a pile of trash.
The torn bit of envelope was introduced by the defense.
Q. What did you do with the envelope?—A. I saw the number 186 on it and initials “M. P.” I handed it to Officer Whitfield and told him to take it to the light and see what it was.
Q. Did you find anything else?—A. Yes; I found a big stick lying near the radiator beside some pipes.
At this point a boold[sic]-stained stick was exhibited.
Q. Do you know what this stick is used for?—A. Mr. Holloway said it was a roller on which boxes were moved.
Q. Was there anything odd about it that you noticed?—A. It was stained as is apparent now—stains that looked as though they might be blood.
Dorsey took the witness on cross-examination.
Q. Did you ever see this stick before? (The blunt end of a buggy whip was exhibited.)—A. Yes.
Q. Where?—A. Behind the front door.
Blood Stains Found Around Cubby Hole.
Q. Where did you find the envelope?—A. In the door to the Clark Woodenware department.
Q. What day?—A. May 15.
Q. Where did you begin to search?—A. On the office floor.
Q. What did you see on that floor?—A. In the metal department I saw half a dozen stains like the one Mr. Darley showed me by the water cooler.
Q. Did they look like the other stains?—A. Yes.
Q. Did you make any search of the office for that envelope?—A. No; I was looking for a mesh bag.
Q. Who told you to?—A. Mr. Scott.
Q. You made that search all day alone?—A. Until 5 o’clock, when I was joined by Whitfield.
Q. He searched with you?—A. Yes.
Q. You found bloodstains around the cubby hole?—A. Yes.
Q. Was that your report to the Pinkertons?—A. Yes.
Q. You didn’t say anything about blood?—A. I said it looked like blood.
Q. How many stains were there?—A. About six or seven.
Q. How large was each?—A. About six or seven inches in diameter.
Q. And were they blood?—A. I don’t know; I took up the chips.
Q. Now, after you found the bloodspots you found pieces of cord around the radiator?—A. Yes.
Q. The bloodspots led you to that?—A. No.
Q. You showed those bloodspots to Whitfield?—A. Yes.
Envelope Found Near Trap Door.
Q. And while he was examining the stains, you picked up a roll of paper?—A. Yes.
Q. And in that roll you found the envelope?—A. The roll was the envelope itself.
Q. Was that envelope lying right out in the open space?—A. Within eight or ten inches of the trapdoor.
Q. Were there any other pieces of paper?—A. Yes, one or two little ones.
Q. Was it light enough for you to see the number—186—in the right-hand corner?—A. Yes.
Q. Has that envelope been changed any?—A. None at all.
At this point Attorney Rosser conferred with Attorney Hooper.
Rosser—The officer in charge of the witnesses talks to them, then comes down and reports to Detective Starnes. If it doesn’t stop, I will make a protest to the court.
Hooper—If anything improper is going on, I wish you would make it public.
Solicitor Dorsey, who was standing near the witness, turned and said: “Your honor, we want this matter settled, if they think anything improper is going on.”
Judge Roan—No complaint has been made.
Dorsey—We are bringing it now.
The officer came in and spoke to Mr. Starnes.
Dorsey: “If there is any objection, I will have Mr. Starnes state what the officer said to him.”
Asks Schiff Be Sent From Room.
Arnold: “We have no objection to make to the court. We just made a personal request.”
Dorsey continued questioning the witness.
Q. This envelope did not have a figure 5 on it did it?—A. No.
At this point Solicitor Dorsey noticed that Herbert Schiff was in the courtroom. He addressed the court:
“Your Honor,” he said, “I want Mr. Schiff to be put out of the room. I will want him as a witness a little later.”
Rosser: “We merely want to have him here when we are questioning these witnesses who work at the factory.”
Judge Roan: “The witness will have to leave.”
Rosser: “All right, we will go upstairs to confer with him. I don’t care if it takes a month.”
Schiff left the courtroom and Dorsey continued to question the witness.
Q. Did you show this envelope to Herbert Schiff?—A. Later.
Q. Did he identify it as his handwriting?
Rosser: “We object. Mr. Arnold is a little excited about a fire close to his building and will be back in a few minutes.”
Dorsey—Well, I want this witness held until I can examine Schiff. He continued his questioning.
Q. Wasn’t there a figure “5” on that envelope?—A. Not any more than there is now.
Hints at Change in Figures on Envelope.
Q. Didn’t Mrs. Coleman call your attention to a figure “5?”
Dorsey—This is for the purpose of impeachment. I want to show that when this envelope was shown to the Colemans on May 15 it had a figure “5” on it. They told the Pinkertons Mary did not get but $1.20 the week she was murdered.
Judge Roan overruled the objection.
Dorsey—Did any conservation between you and the Colemans about a figure “5” take place?—A. No.
Q. Where did you get this information regarding the police. When the tion [sic] in your report? (Solicitor Dorsey handed the witness a typewritten report.)—A. From Mr. Schiff.
Q. When did you report the finding of this stick to the police?
Dorsey—I want to show in reference to this club, what the head man for the Pinkertons instructed this police asked about that club, the Pinkertons gave them a little stick. Mr. Rosser has tried to make it appear that the Pinkertons employed at the instance of Frank, went down the road on and on with the police.
The jury was taken from the room at the request of Dorsey.
Judge Roan—Let me hear your objection, Mr. Rosser. I don’t want to hear any argument.
Rosser Through Arguing, He Says.
Rosser: “I don’t want to argue. I don’t expect to argue here any more. All I want is to have my objection recorded. He has tried to impeach every witness we have put up on the grounds on the grounds that he did not report to the police.”
Judge Roan: “Mr. Dorsey, you can ask the witness whether he told any city detectives about the note and the bludgeon, or whether he sought to conceal it. You can not ask him what somebody told him to do.”
Hooper: “What we want to do is to show that Pierce is the head of the Pinkertons, and that he controls the policy of the Pinkertons.”
Judge Roan: “This man is not responsible for what somebody told him.”
The jury was brought back, and Dorsey continued his questioning.
Q. Who is the head of the Pinkertons?—A. H. B. Pierce.
Q. Where is Whitfield?
Rosser; “I object to that, your Honor.”
Dorsey: “It is a well-known principle of law that we can ask that.”
Judge Roan: “You can ask the question.”
Q. Where is Pierce?—A. I don’t know.
Q. Where is Whitfield?—A. I don’t know.
Q. Now how long after you found that club did you report it to the police?—A. Seventeen hours.
Q. How long after that did you have a conference with the police?—A. Four hours.
Q. Now, did you not show Black this stick when you told him about the club?—A. I did not.
Q. Were you there when the stick was shown Black?—A. I was not.
Rosser took the witness.
Q. Now, is this your report?—A. Yes.
Q. Is this your diagram showing the place where you found the club and the pay envelope?—A. Yes.
Girl Bursts Forth In Frank’s Defense.
Q. You attached this to your report and we now get it from Mr. Dorsey?—A. Yes.
Q. You don’t know whether I ever saw it or not?—A. No.
Q. Now, this piece of envelope is just like it was when you found it?—A. Yes.
Q. If there are any changes, they don’t show here?—A. No.
The witness was excused, and Miss Mollie Blair, a former employee of the pencil factory, was called as a character witness. She did not answer. Miss Cora Barnes then took the stand. Before Attorney Arnold could ask her any questions, she burst forth into oratory to declare:
“We love our superintendent because he was a good business man and a gentleman.
Her words were interrupted and when the formal questions were put as to whether she knew Leo M. Frank, she arose to her feet and said:
“I believe Mr. Frank is innocent. He is too good a man and I wish I could make everybody else believe he is innocent. I would be willing to take his place and die for him. I would be glad to die for him.”
Miss Barnes’ spasmodic statements threw the courtroom into a volcanic eruption. As her words flowed freely from her mouth, attorneys for both sides sprang to their feet in various attitudes of protest, some shouting their objections at Judge Roan and others in pleading gestures to the witness to come to a halt. Yet her words waxed more eloquent and flowed more freely with each protest that was registered against them.
Spectators in Courtroom Convulsed With Laughter.
Sheriff Mangum and Chief Deputy Plennie Miner, with a dozen deputies, strove for several minutes in the courtroom crowd. Several spectators were so convulsed with laughter that they were compelled to leave the courtroom. One man of large avoirdupois threatened to go in convulsions.
Following the restoration of quietude, the witness was excused without an attempt to question her.
Miss Ethel Stewart, a telephone operator and a former employee of the pencil factory on the fourth floor, was next called and testified to Frank’s good character.
Miss Irene Jackson, an attractive young woman, a daughter of County Policeman A. W. Jackson, and a former employee of the pencil factory, who stated that she left there the day of the murder, was the next witness. On direct examination the witness testified that Frank’s character was good. Dorsey cross-examined her.
Q. Did you ever hear any of the employees say anything about Frank?—A. They seemed to be afraid of him.
Q. How?—A. They would always work hard when they saw him coming.
Q. Do you recall Emily Mayfield?—A. Yes.
Says Frank Looked Into Dressing Room.
Q. Where does she work?—A. She worked at Jacobs’ until Easter.
Q. What about that dressing room incident you told Mr. Starnes about in the presence of your father?—A. Emily Mayfield was in the dressing room one day and Frank came back there. I was there to take off my apron.
Q. How was Miss Mayfield dressed?—A. She had off her dress.
Q. Did he come all the way in?—A. He opened the door and looked in.
Q. Did he laugh?—A. I don’t know.
Q. Did you threaten to quit?—A. Yes.
Q. To whom?—A. Mr. Darley.
Q. What did he say?—A. He said that we girls should stick together and that we would not lose anything by it.
Q. You told your father about it?—A. No, my sister did.
Q. Did you hear anybody but Miss Emily Mayfield talk about Frank going into this dressing room?—A. Yes, I heard about it.
Q. Who told you?—A. I don’t remember. I heard them talking about him going into the dressing room two or three times.
Q. What did Frank do when he came into the dressing room?—A. He walked in, turned around and walked out.
Q. Were you in there?—A. Yes.
Q. You have told me of two times. Have you heard of any other times besides your sister and Miss Mayfield?—A. Miss Mamie Kitchens and I were in there one day when he came in.
Q. Did you hear the girls talk about other times?—A. Yes.
Q. Where were they?—A. I don’t remember.
Q. What else did you hear about Frank besides the fact that he went into the dressing room and stared at the girls?—A. Nothing.
Arnold took the witness on re-direct examination.
Q. How long did you work in the factory?—A. About three years.
Q. You were willing to work on there after this?—A. I had some bills to pay and I wanted to get the money. Papa wanted me to quit.
Q. The murder was the real reason you quit, wasn’t it?—A. Papa said he didn’t want me to work there, so I quit.
Q. Didn’t you hear Frank issuing an order about the girls flirting through the fourth story window?
Dorsey objected and was sustained.
Q. What street did those windows look out on?—A. Forsyth street.
Q. People were constantly walking along the street, were they not?—A. Yes.
Q. Did any rule or order come to you against flirting out of the window?—A. There were orders against it.
Q. Frank never came into the room. He just came to the door and turned away?—A. He pushed the door open and looked in.
Q. Did he ever come in?—A. No.
Girls Partly Undressed When Frank Looked In.
Q. Which time was it you were not fully dressed?—A. When I was with Mamie Kitchens.
Q. The other times you were dressed fully?—A. Yes.
Q. How were you when you were with Miss Kitchens?—A. I had off my top dress and was preparing to put on my street dress.
Q. You had on your underskirt?—A. Yes.
Q. Were any of the girls anywhere nude at any time he came and looked in?—A. No, sir.
Q. When was this?—A. Last summer.
Dorsey took the witness on recross-examination.
Q. How soon after Frank opened the door on your sister did she quit?—A. She wanted to quit right then, but the forelady persuaded her not to.
Q. There was no way he could tell before opening the dressing room door how near any of the girls were to being undressed?—A. No, sir.
Q. It was near to the dressing room wasn’t it?—A. Yes, sir.
Arnold took the witness.
Q. What time were you girls expected to be at work?—A. At 7 o’clock.
Q. What time was it Frank came to the door?—A. Ten or fifteen minutes after 7 o’clock.
Dorsey took the witness.
Q. You never flirted with anyone out of the window?—A. No.
Q. Did the forelady come in?—A. No.
Q. Did you ever see any signs around there not to flirt?—A. No.
Q. Did you ever hear Mr. Frank say anything about flirting?—A. I heard him say something once.
Smiled or Made Face at Girl.
Q. Well, when he stood in that dressing room door and smiled did he—
Arnold: “Your honor, she never said anything about smiling.”
Miss Jackson: “He never asked me.”
Dorsey: “Well, I am asking you now; did he smile?”—A. Yes, he smiled, or made some kind of face at Miss Mayfield.
Q. Did he say anything?—A. No, just looked at her and walked out.
Q. He never said anything about flirting?—A. No.
The witness was excused and Harlee Branch, a reporter for The Atlanta Journal, was called to the stand. Arnold questioned him.
Q. Do you recollect having an interview with Jim Conley?—A. Yes.
Dorsey: “The story of his actions is practically the same.”
Judge Roan: “He can go as far as this evidence is similar. The jury can tell whether it is the same or not.”
Rosser: “It is the duty of the Judge to pass on it before it goes to the jury.”
Q. I call your attention to this interview of May 31. Read it over and tell the substance.
Before Mr. Branch had replied, Mr. Rosser questioned him.
Q. I will get you to state whether Conley said anything about seeing the little girl’s purse?—A. He did not.
“Took 30 Minutes to Take Body to Basement.”
Q. Didn’t he say it took him 30 minutes to get the body down into the basement?—A. Yes.
Q. I will ask if he didn’t say Lemmie Quinn got to the factory after 12 o’clock and stopped eight or nine minutes?—A. Yes.
Dorsey took the witness on cross-examination.
Q. Was he positive about the time?—A. I tried to get him to be as definite as he could, but he qualified his statements with the word “about.”
Q. Did you get this interview before or after Conley went through what he said was his part in the crime at the factory?—A. It was two or three days after.
Q. Did you see him go through that performance at the factory?—A. I did.
Dorsey—I want to show by this witness Conley’s performance and that it was just as admissible as the evidence of Dr. Owens the other day.
Judge Roan overruled the objection. Rosser continued to object, on the ground that Conley has told a different story since the interview.
Branch went through the negro’s re-enactment of the crime. He estimated the start at 12:18. Rosser made another strenuous objection, but Judge Roan admitted the evidnece.
Branch said that at 1:05 o’clock he left the building and the negro had reached the point in his pantomime where he wrote the notes in Frank’s office.
At this point court adjourned until 9 o’clock Monday morning.
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