Tag Archives: Leo Frank Trial

Every Man on Frank’s Jury Gets “Nickname” for Trial

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 4th, 1913

Quiet Sunday for Twelve Jurors

By Vernon Stiles.

As completely cut off from knowledge of the happenings of the outside world as though they were marooned in an island of the South seas, and yet tantalized by the swirling life around them, twelve men have lived for the past week in the heart of Atlanta. Their days has been spent in a crowded courtroom, where they listened to the wrangle of lawyers and the more or less conflicting statements of the witnesses, and their nights have passed in three crowded rooms behind locked doors, where the tiny iron beds give the place grim and bare aspect of a hospital ward.

Before them during the day is always the sight of a man whom they will be asked to brand as the vilest criminal of Georgia’s history, and whom they will also be asked to liberate and free from the stigma that even the state’s charge against him now places on his name.

Tragedy Always Present.

In their mind’s eye is always the vision of that dark factory basement, of the little girl, victim of some fiend. The story of that morning in the basement when the child’s body was found has been described to the jurymen in the uncouth and yet striking and picturesque words of the night watchman who found the body and in the clearer language of the white men who followed Newt Lee’s call that morning.

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Dr. H. F. Harris Will Take Stand This Afternoon

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 4th, 1913

Secretary of State Board of Health Will Resume Testimony Interrupted by His Collapse on Last Friday.

STATE TO USE PHOTO OF SPOT WHERE BODY WAS FOUND BY NEGRO

Friends and Relatives Besiege Prisoner in Cell on Sunday. Shows Little Evidence of Strain of Trial, Say Jail Officials.

The state will open this afternoon’s session of the Frank trial with Dr. Roy Harris on the stand, it is stated, if the physician’s health is as much improved as it was on Sunday.

The solicitor had not finished his examination of Dr. Harris on Friday afternoon when he collapsed upon the stand and necessitated the support of Deputy Sheriff Plennie Miner in moving from the courtroom.

A sharp clash is expected between the state and defense over Dr. Harris’ testimony. In an exacting cross examination of Dr. J. W. Hurt Saturday morning, the defense proved that many of the opinions held by the two physicians were conflicting.

State Will Use Photo.

The solicitor has requested a reporter of The Constitution to produce in court this morning a photograph taken by The Constitution staff photographer on the morning of the discovery of the murder of the spot in the pencil factory basement at which Mary Phagan’s body was found. Just what use to which the picture will be put has not been divulged.

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Frank on Stand Wednesday Week

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 4th, 1913

Defense Intimates Trial Will Run Into Middle of Third Week With Defendant Final Witness.

It will probably be Wednesday or Thursday of next week before Leo Frank takes the stand to explain his actions on the day Mary Phagan was slain.

This was intimated last night by attorneys associated with the defense, who stated that the trial very likely would run into the middle of the third week, and that, from present plans, the defendant would be the final witness.

It is understood that the defense will introduce much expert testimony, and that it will be of exceedingly interesting nature. Physicians, it is stated, will testify in rebuttal to evidence produced by the prosecution.

The session this afternoon will begin with the statement of an expert chemist, who is testifying in behalf of the state—Dr. Roy F. Harris, secretary of the state board of health, who testified Friday of examining Mary Phagan’s stomach and of finding undigested cabbage which indicated, in his belief, that death had ensued within an hour after she had eaten dinner.

Thus far, the story told by Dr. Harris is the most interesting in the famous case. It also furnished more thrills than any other phase. A wave of intense interest surged over the courtroom as he explained the minute details of his examination of the corpse, and told of his opinions regarding the cause of death and the time at which it had been committed.

A vigorous battle will be waged over his testimony. In an effort to discredit the statement that Mary Phagan was slain within an hour after her noon-day meal, Dr. J. W. Hurt, coroner’s physician, was kept on the stand for three hours Saturday morning, and examined mercilessly by the defense.

It is intimated that Reuben Arnold will handle the expert testimony introduced by both sides.

* * *

Atlanta Constitution, August 4th 1913, “Frank on Stand Wednesday Week,” Leo Frank case newspaper article series (Original PDF)

Conley Thought He Was on Trial, His Attorney Declares

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
August 4th, 1913

Jim thought he was on trial this morning,” said W. M. Smith, attorney for James Conley, the negro sweeper at the pencil factory, after the recess Monday noon following Conley’s appearance on the witness stand of the Frank trial.

Attorney Smith declared that the negro had no idea of his real status in the matter until after the court had recessed.

“Then Conley turned to me, after the jury had gone out and he had been taken off the stand and said: ‘Boss, I wonder what that jury is going to do with me?’ I said: ‘You’re not on trial, Jim. You’re here just as a witness, to tell all you know.’ He said: ‘Oh, ain’t I on trial?’ and appeared to be relieved greatly.”

Conley was taken to the police station and got his dinner there. At 2 o’clock Chief Beavers and Chief Lanford conducted the negro back to the court house and he resumed his place in the witness chair.

The police assert that until a few days ago Conley believed he was going to be hanged for the part which he swears he played in disposing of the dead body of Mary Phagan. Harry Scott, of the Pinkerton agency, is authority for that, too.

* * *

Atlanta Journal, August 4th 1913, “Conley Thought He Was on Trial, His Attorney Declares,” Leo Frank case newspaper article series (Original PDF)

Conley’s Glibness May Prove Unfortunate for His Testimony

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
August 4th, 1913

Negro’s Recitative Manner of Telling His Story Gives Impression That He Has Rehearsed It Many Times

Jim Conley Monday morning recited his story to the Frank jury.

Newt Lee last week told his.

Above all other things, Jim’s testimony was glib.

Newt’s was deliberate.

For more than an hour Jim spoke smoothly, evenly, unhesitatingly to the jury, as though his story had been polished by careful rehearsal to himself.

Scarcely once was he interrupted. Solicitor Dorsey’s only warning was slower speech. Jim’s story came so readily to his lips that he spoke faster than the jury could follow. He never paused. Incidents which he alleged to have happened months ago were told by him as though they were vivid and fresh in his memory.

No witness since the trial began has been so glib of speech as Jim. None has given such minute details. None has inclined so much to dramatic incidents.

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Many Discrepancies Between Conley’s Testimony and His Testimony Given to Detectives

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
August 4th, 1913

Negro Swore Previously That He Never Saw Mary Phagan Enter Factory—Many Other Changes in Story—Fourth Time He’s Changed Narrative

James Conley’s story as he told it on the witness stand Monday morning differs in many important details from the story he told to the detectives in his famous affidavit of confession.

In that affidavit he said that by appointment he met Frank at the corner of Forsyth and Nelson streets the day of the murder, and that he first went to the factory on that day when he followed Frank back there.

He now says that he went to the factory early Saturday morning, April 26, and after remaining there for some time in hiding he went away, meeting Frank at Forsyth and Nelson streets at about 10:30 and later following him back to the factory.

This change in the negro’s recital has evidently been made since he learned that – some of the incidents he described in his affidavit occurred during the early morning and before he said he came to the factory from Nelson and Forsyth streets.

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Dorsey Tries to Prove Frank Had Chance to Kill Girl

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

NEGRO SPRINGS NEW SENSATION, ADDING TO STORY.

James Conley, the negro sweeper in the National Pencil Factory, was called to the stand in the trial of Leo M. Frank, whom he accuses of the murder of Mary Phagan, at 10:15 Monday; under the skillful questioning of Solicitor Dorsey began the recitation of his sensational story.

The negro was taken to the court in Chief Beavers’ automobile and was accompanied by his lawyer, W.M. Smith. It was learned for the first time Monday that Conley would swear that he saw Mary Phagan enter the factory just before Monteen Stover, and that she was there the entire time the Stover girl was there. He will also swear that Frank admitted to him hitting Mary Phagan in the eye with his fist, and that after he helped him carry the body to the basement he promised Frank to come back at night and dispose of the body, but lost his nerve.

James Conley, the negro sweeper about whose sensational statement accusing Leo Frank of the murder of Mary Phagan, the greatest fight of the trial will be waged, was summoned to court this morning. All the indications were that he would go on the stand this morning. The police were notified to bring him to the courthouse shortly after the trial was resumed.

Determined to make his chain of circumstantial evidence strong enough to resist the attacks of the defense, Solicitor General Hugh M. Dorsey Monday proceeded to call witnesses who will give additional testimony to show that Leo M. Frank had the opportunity to kill Mary Phagan at the time the State declares the crime was committed.

Street car men were summoned to show that the little girl had time to arrive at the factory at a time coinciding with the theory supported by the sensational evidence of Dr. Roy Harris that she was slain within forty-five minutes after having eaten her lunch of cabbage and bread.

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Jim Conley Tells An Amazing Story

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This diagram is reproduced so that readers can compare the negro’s story, as he told it on the stand, with his pantomime illustration of the crime in the presence of the officers some weeks ago. In the numerical sequence the reader can follow on this diagram the movements of the negro sweeper, Jim Conley, at the National Pencil factory on the day of Mary Phagan’s murder, as the negro described them to the police and then re-enacted them before the eyes of the police at the factory itself. (1) Conley sits dozing and half-sodden with whisky and beer on boxes beside stairway in gloom. (2) He answers Mr. Frank’s call and Mr. Frank meets him at the head of the stairs and sends him back to (3) to pick up the girl who has “hit her head against something.” Beyond the girl’s body is the women’s lavatory. “A”—machine where strand of hair was found Monday after the murder. (4) Negro goes after crocus bagging to wrap body in. (5) Carries body toward front on his shoulder. (6) It slips from his shoulder and falls to the floor. (This is the spot where workers in the factory noticed blood two days later when they came back to work, and where detectives chipped wood from the floor for analysis). (7) Mr. Frank, after having come to help the negro after he dropped the body, is so nervous himself that the feet slip from his hands and fall to the floor. (8) They carry the body between them to the elevator. (9) They descend on the elevator, Mr. Frank running it, standing astride the girl’s feet. (10) The negro shoulders the body again, Mr. Frank climbing the ladder to the trap door (11) to watch the entrance and the basement both from there. (12) The negro puts the body down around the corner at the partition’s end. Cross marks where Newt Lee was standing with his lantern when he spied the body, over twelve hours later. Arrow points to back door, found closed, with hasp pulled out and the lock in it. (13) Negro throws girl’s hat and ribbon and shoe, and the stained crocus sack upon the trash pile in front of furnace, at Mr. Frank’s direction. Then negro runs elevator back up, Mr. Frank jumping aboard as car passes street floor and both emerging at second floor, Mr. Frank going around behind elevator to sink (14) and washing hands there. Time clock that faces elevator shaft is shown through it. (15) Mr. Frank sits at desk, and (16) negro sits at table, writing notes. They hear some one coming, and negro is hid in wardrobe (17).

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
August 4th, 1913

MANY NEW AND SENSATIONAL FEATURES ADDED TO TALE AS ORIGINALLY GIVEN TO POLICE

Conley Swears He Saw Mary Phagan Enter Factory, That He Heard Her Screams In the Metal Room a Short Time Later, That Frank Then Called Him and He Went Up and Found the Superintendent in a Panic and the Girl Dead

HE IDENTIFIES STAINED CROCUS BAGGING WHICH HE SAYS HE USED TO WRAP BODY AND TAKE TO BASEMENT

He Swears Frank Had Frequently Used Him as a “Lookout” When Women Visited the Factory and Gives Details About Several Alleged Occasions—Here Is His Story as Told to Jury, Women Ordered From Court Room by Judge

“CONLEY’S STORY THE VILEST AND MOST AMAZING PACK OF LIES EVER CONCEIVED” — LEO M. FRANK.

“The vilest and most amazing pack of lies ever conceived in the perverted brain of a wicked human being,” is the way Leo M. Frank characterized the remarkable story of James Conley, the negro sweeper.

It was to friends and while he was eating his luncheon in a courthouse ante-room that Frank expressed himself. He appeared to be almost overcome with indignation, but was confident that his attorneys would be able to break the negro down during cross-examination.

Every moment of the time that Conley was on the stand Monday morning his face was the object of Frank’s eye. The negro kept his gaze averted from Frank, but the defendant, apparently unmoved by the terrible accusations of the witness, continued to look him straight in the eye.

Jim Conley, negro sweeper at the National Pencil factory, took the witness stand at the trial of Leo M. Frank Monday morning, and told an amazing story which added many new and sensational features to the confessions given to the police by him and made public some weeks ago.

Conley for the first time dramatically declared that he was at the pencil factory when little Mary Phagan entered shortly after 12 o’clock to get her pay, that he saw her and that a little later he saw Monteen Stover go in. The Stover girl left the factory, he said, but Mary Phagan did not. A little while after Mary Phagan entered, according to the negro’s remarkable story, he heard screams in the metal room where the state claims the crime was committed. In a short time, Frank signalled him to come upstairs, and he went; finding the superintendent trembling all over and in a panic. The negro then detailed the story of finding the little girl’s dead body, of wrapping it up in a crocus sack at the direction of Mr. Frank, and assisting the superintendent in carrying it to the basement.

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Ordeal is Borne with Reserve by Franks

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

Wife and Mother of the Accused Pencil Factory Superintendent Sit Calmly Through Trial.

By TARLETON COLLIER

Women are brought into a court room, as all the world knows, for one of two purposes. Their presence may have a moral effect in softening the heart of a juror, particularly if they be young, pretty or wistful of countenance. Or they may be there on the affectionate mission of cheering and encouraging a beloved defendant.

Two women sat with Leo Frank through all the hot, weary days of last week. Their object was the one or the other. Which?

A study of these women was the answer. Everybody studied them. Everybody knew that love and trust inspired them. Whether Frank be innocent or guilty, to his credit be it said that he is loved by the women closest to him.

His mother was one of the two, a woman on whose face was written plainly the story of a life in which there was much of grief, much of the tenderest joy, much of loving and being loved.

Tragedy in Mother’s Face.

Her eyes were sad. Her features never lost their tragic composure. But it was plain that smiles had come often to her in the course of her life. The face is common to mothers.

The other woman was his wife, a robust, wholesome young woman. Her face was the placid face of one whose life has been pleasant. No unhappy event had come to mar a single feature. None of the troubles that had been the mother’s had come to her until this calamity.

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Dramatic Moment of Trial Comes as Negro Takes Stand

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

L. O. Grice, a stenographer in the offices of the Atlanta and West Point Railroad, was the first witness called. He said that he saw Frank on Sunday morning after the murder and Frank attracted his attention by his undue nervousness.

Grice said he was on the way to the Terminal Station when he bought an “extra” stating that a murder had been committed at the National Pencil Factory. He said he stopped by the pencil factory and saw eight men on the inside of the building.

“Did any of these men attract your particular attention?” asked Solicitor Dorsey.—A. Two or three of them did.

Q. Who were they?—A. When I went in the building Detective Black, whom I knew, was asking a great many questions.

Q. Did anybody attract your attention by their nervousness?—A. Not right then, but later we went down through the basement and out the back door. Then I was attracted by the nervous actions of a small dark man. I did not know him.

Q. Is this the man? (Pointing to Frank.)—A. Yes.

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Frank Calm and Jurors Tense While Jim Conley Tells His Gastcy [sic] Tale

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

During the long wait for Conley to appear, Frank, his loyal wife and his no less loyal mother gave no sign of fear. Accuser and accused were about to face each other, a dramatic situation which the authorities had sought to bring about since the negro made his third affidavit charging Frank with the terrible crime.

If Frank at last were on the edge of a breakdown his calm, untroubled features were most deceiving at this time. He seemed no more concerned than when John Black, floundering and helpless on the stand, was making as good a witness for the defense as he was expected to make for the State.

When Solicitor Dorsey announced that Conley would be the next witness the courtroom was electrified with a shock of interest in which the only three persons who seemed not affected were this trio—Frank, his wife and his mother.

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Jurors Strain Forward to Catch Conley Story; Frank’s Interest Mild

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

Dramatic in its very glibness and unconcern, Conley’s story, if it failed to shake or disturb Leo Frank, at least had a wonderful impression upon each member of the jury.

Conley told of seeing Mary Phagan enter the factory. This was the first time he had admitted to this, so far as the public had known.

Frank showed only a mild interest, but the jurors strained forward in their seats.

Conley told of hearing the footsteps from his vantage point on the first floor of two persons coming out of Frank’s office.

Frank still exhibited no sign of concern.

Conley then related hearing the footsteps going back to the metal room and of being startled by the shrieks of a young girl.

Mrs. Frank bowed her head, but gave no other sign. Frank still was the personification of coolness and composure.

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The Atlanta Georgian, August 4th 1913, “Jurors Strain Forward to Catch Conley Story; Frank’s Interest Mild,” Leo Frank case newspaper article series (Original PDF)

Frank Witness Nearly Killed By a Mad Dog

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

Deputy Sheriff W. W. (“Boots”) Rogers, witness for the State in the Frank trial, is taking the Pasteur treatment at the State Capitol Monday after being bitten half a dozen times on the right ankle by a rabid dog that pulled him from his motorcycle at Henderson’s crossing, on Capitol avenue, Sunday night about 11 o’clock.

After a battle of more than fifteen minutes Rogers finally drove the dog away, and though his right leg was badly torn and lacerated, rode the two miles from the crossing to Grady Hospital. When he arrived at the hospital his leg had begun to turn black and was very painful.

Treated at Grady Hospital.

The Grady Hospital surgeons cauterized the wounds and gave him temporary relief. This morning the leg which the dog had gnawed was still swollen and painful, and Rogers decided to take the Pasteur treatment.

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Envy Not the Juror! His Lot, Mostly, Is Monotony

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

By L. F. WOODRUFF.

A policeman’s life is not a merry one. The thought was expressed and event set to music in those dim days of the distant past when people heard the lyrics and listened to the charming lilts of Gilbert and Sullivan opera instead of centering their attentions on a winsome young woman with a record in the divorce courts and not much else in either ability or raiment.

Gilbert and Sullivan, now being tradition, can be considered authorities. Wherefore the thought is repeated that a policeman’s life is not a merry one.

But there are twelve Fulton county men who will say that he went too far in his statement in one way and didn’t come within a mile of approaching the mark in another.

For after the sergeant sings “a policeman’s life is not a merry one,” the chorus of constabulary cants, “ta ran ta ra, ta ran ta ra,” which sounds rather joyous.

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Boiled Cabbage Brings Hypothetical Question Stage in Frank’s Trial

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

By JAMS B. NEVIN.

When a prospective juryman is on his voir dire in a given criminal case, he is asked if his mind is perfectly impartial between the State and the accused.

If he answers yes, he is competent to try the case, so far as that is concerned. If he answers no, he is rejected.

How many people in Atlanta and Georgia, having heard part of the testimony in the Frank case, still feel themselves to be perfectly impartial between the State and the accused?

How many people, having heard part of the evidence, still have refrained from expressing an opinion as to the guilt or innocence of Frank?

Not many, I take it—and yet, that jury is supposed to be perfectly poised and as yet impartial between the State and the accused, notwithstanding the State’s evidence thus far delivered, and the presumption of innocence legally established in behalf of the defendant.

I venture the opinion that nothing developing in the Frank trial last week so profoundly weighed upon the minds of the people over Sunday as the question of the digestibility of boiled cabbage—nice, greasy, palatable, if often shunned, boiled cabbage!

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Jim Conley’s Story as Matter of Fact as if it Were of His Day’s Work

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

By O. B. Keeler.

Jim Conley, hewer of wood and drawer of water.

On the witness stand at the Frank trial this morning, Jim unfolded a tale whose lightest word—you know the rest. It was a story that flexed attention to the breaking point: a story that whitened knuckles and pressed finger nails into palms; a story that absorbed the usual courtroom stir and rustle, and froze the hearers into lines upon lines of straining faces.

And Jim Conley told that story as he might have told the story of a day’s work at well-digging, or driving a dray, or sweeping up the second floor at the National Pencil Factory.

Jim was matter-of-fact.

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Conley’s Story In Detail; Women Barred By Judge

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

There was a murmur of excitement following the calling of Jim Conley; there was a wait of several minutes, officers having just left the police station with the negro a minute or two before he was called.

Judge Roan impatiently ordered the Sheriff to bring in the witness. A number of spectators who were crowded up too close to the jury box were moved back by the court deputies.

“The Sheriff hasn’t got Jim Conley,” said Attorney Rosser, after a statement from Deputy Sheriff Plennie Miner.

“Mr. Starnes will bring him in,” returned Solicitor Dorsey.

“See if Mrs. White has arrived,” then requested Dorsey. “She has a very young baby, and when I had her subpenaed this morning she said that she would have to send to the factory and get her husband before she could come.”

Courtroom Quiet as Conley Enters.

“You may call her later,” said Mr. Rosser, “there wont’ be any objection.”
Jim Conley was brought into the courtroom just at this time. He took the witness chair and was sworn in while in the chair. Solicitor Dorsey examined him and everyone leaned forward, while extreme quiet prevailed.

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Rosser’s Grilling of Negro Leads to Hot Clashes by Lawyers

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4th, 1913

A bitter, determined cross-examination of Jim Conley by Luther Rosser was marked by a prolonged battle between counsel for the defense and State over the method of questioning the negro.

The defense won a complete victory, Judge Roan ruling that the accuser of Leo Frank could be cross-examined on any subject the prisoner’s lawyers saw fit.

In the course of this legal tilt Luther Rosser said:

“I am going after him (referring to Conley) and I am going to jump on him with both feet.”

Turning to counsel for the State he added significantly: “And I won’t enlighten him, either. Your period of enlightenment is over.”

Rosser, before the afternoon session concluded, got the negro to say that he had been lying when he said that he got up at 9 o’clock the day of the crime. He said he got up at 6 o’clock.

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Dorsey Pleased With Progress

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 3rd, 1913

Solicitor Will Put Dr. Roy Harris on the Stand Again on Next Tuesday Afternoon.

While Solicitor Hugh M. Dorsey declined to make an expression of what he believed would be the outcome of the case against Leo M. Frank, which he has been prosecuting all the week, he expressed himself yesterday afternoon as thoroughly satisfied with the present progress.

The solicitor held an extended conference immediately after court adjourned with his assistant, E. A. Stephens, and with Attorney Frank A. Hooper, who is aiding him, and together with the lawyers went over what had been done and mapped out their program for the coming week.

With the attorneys were detectives J. N. Starnes and Pat Campbell and others who have assisted in getting up the evidence and working the preparation of the case.

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Chief Beavers Tells of Seeing Blood Spots on Factory Floor

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 3rd, 1913

Police Chief James L. Beavers followed Dr. Hurt upon the witness stand. Mr. Rosser immediately asked him if he had been in the courtroom, as he had not been named by the state when other witnesses were named, sworn and put under the rule. He replied that he had for a short time and Mr. Dorsey explained that in the beginning of the case he had no intention of using him.

“Were you present at the National Pencil factory on the Monday following the finding of the dead girl?” asked Mr. Dorsey.

“I was there not on Monday, I believe, I think it was on Tuesday,” he replied.

“Did you see the area of the floor around the girls’ dressing room?”

Mr. Rosser then arose and declared that he did not think that the court should allow Mr. Dorsey to get Chief Beavers in as a witness merely on his statement that at the time the other witnesses were sworn and put under the rule that he did not know he would need him.

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