Wednesday, 30th July 1913 Defense to Claim Strands of Hair Found Were Not Mary Phagan’s

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All Newt Wants Now Is Freedom and a Hat

Now that Newt Lee has more 'bacca, as he says, "than Mr. Rosser axed him questions," he needs but a hat to complete his physical comfort, but freedam to set his mind at rest.

Newt's only hat is a fur cap, which Newt thinks might have made a "ver' putty Christmas gift when 'twas new, but don't do much fer July."

"You see, boss," he explains, "a straw hat jes' naturally looks cool, makes yer feel like you had money in your pocket. But there ain't no use fer a cap and it furry in July."

"Man promised to bring me a hat, but I guess his memory's bad. Leastways I ain't seen anything of the hat. But I certainly is proud of de 'bacca."

Since Newt told Tuesday how one chew brought him solace after his cross-examination by Mr. Rosser; and how, when he was on the witness stand his thoughts were of 'bacca, he has been given all sorts and kinds.

He says when he gets out he may take a day off to catch up on "chewing," and that he would like a nice hat to wear then.

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ATTORNEYS WHO ARE BATTLING FOR FRANK

Reuben R. Arnold (left) and Luther Z. Rosser as they left the court house Wednesday for lunch, after two and half days of the trial had elapsed.

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GRACE HIX TESTIFIES THAT GIRLS FREQUENTLY COMBED THEIR HAIR OVER MACHINES

Miss Hix Also Testifies That Magnolia Kennedy, Who Worked Near Mary Phagan, Had Hair of the Same Color and Shade Important Admissions Lay Foundation for Defense's Claim That Murder Was Not Committed in Metal Room

STATE ENDEAVORS TO SHOW FRANK VERY NERVOUS AND DID NOT LOOK ON FACE OF MURDERED GIRL

Attorney Rosser Directs His Questions to Combat Claim of Nervousness Witness Declares She Never Saw Any Red Paint in the Metal Room State Claims New Evidence Will Soon Be Given Trial Will Run Into Second Week

Four distinct features marked the trial of Leo M. Frank Wednesday. One was an admission from Miss Grace Hix that the girls frequently combed their hair over the machines in the metal room of the factory; another was a strenuous effort on the part of the state to prove that Frank was very nervous on the morning of the discovery of little Mary Phagan's body; still another feature was the attempt of the state to show that Frank was reluctant to look upon the dead girl's face in the undertaking parlors, and the fourth was the state's efforts to prove that red paint never had been seen on the floor of the metal room where the state alleges bloody spots were found.

Around each of these points stiff legal tilts occurred. In developing from Miss Hix's testimony the fact that the girls combed their hair in the metal room, Attorney Rosser laid the foundation for a refutation of the theory that Mary Phagan was murdered there.

The state is expected to introduce as evidence several strands of hair found on the handle of a turning lathe in the metal room, presumed to be those of Mary Phagan. Attorney Rosser drew from the Hix girl the admission that Miss Magnolia Kennedy, one of the metal room employees who worked very close to Mary Phagan's machine, had hair almost the same shade as that of the murdered girl.

Evidently as to the nervousness of Frank on the morning of the murder was given by City Detective John Black and W. W. Rogers, who, after the body had been found, called at Frank's home in an automobile to bring him to the pencil factory. Upon cross-examination by Attorney Rosser these witnesses were unable to furnish any specific instances of Frank's conduct indicating nervousness, beyond the fact that he walked rapidly, talked fast, found some difficulty in adjusting his collar and tie, and several times referred to his desire for a cup of coffee or something to eat.

Both of these witnesses swore that when they took Frank to the undertaking establishment, they did not see him look at the dead girl's face. However, neither of them would swear positively that Frank did not do so.

Apparently Solicitor Dorsey regarded as important the testimony of Grace Hix that the factory paints were kept in the polishing room, which is some distance from the metal room. The girl declared that she had seen a few drops of paint on the floor of the metal room leading from the polishing room to the water cooler, but that she had never observed any red paint on the floor. Attorney Rosser compelled the witness to admit that the floors of the factory were very dirty and badly stained and that on account of the dust and dirt only two or three days would be necessary to elapse to make it impossible to determine the color of a stain of paint which had been dropped upon the floor.

Attorneys in the case are fighting strenuously over every point however insignificant it may seem to the spectators.

Despite the battle of three days, however, no testimony not already in the hands of the public has been presented. The prosecution, nevertheless, promises to produce new and startling evidence before much more progress in the case is made.

The report that J. M. Gantt, who was arrested shortly after the murder and later released, would give sensational evidence to the effect that he saw Frank and Conley together about 1:25 on the day of the tragedy was denied by Gantt. Gantt declared he met a friend of his, Rossier Shields, about 1:50 in the afternoon and went to the restaurant opposite the pencil factory, but that he did not see anyone come in or go out of the factory, as he was not noticing.

An effort of the prosecution to develop through the testimony of "Boots" Rogers that Leo M. Frank did not look upon the face of Mary Phagan as she lay in the morgue on the Sunday morning when Frank, accompanied by officers, visited the undertaker's, and an equally determined effort of the defense to show that Rogers did not know whether Frank saw the little girl's face or not, was one of the interesting features of the Wednesday morning session. Solicitor Dorsey, presumably, was endeavoring to show that Frank had lost his nerve and that he could not bear the sight of the child's face, and Attorney Rosser combatted his efforts very energetically. The witness was stopped several times by each side as he was dismissed by the other and made to go over his testimony.

Another interesting feature was the line of questions directed at Miss Grace Hix, the friend of Mary Phagan, who was first to identify her body. Solicitor Dorsey asked her in considerable detail about a door on the second floor, leading to the third story. This door was near the point where the defense claims the girl was killed. It has never figured in the case, however, until shown on the solicitor's diagram. The purpose of the solicitor is not yet apparent. Mr. Dorsey also had Miss Dix tell what the natural route would have been from Frank's office to the metal room. The lines on the solicitor's diagram indicate a route which Mr. Frank is supposed to have taken and which apparently was somewhat out of the way.

Before Rogers took the stand the diagram of the pencil factory was again submitted by Solicitor Dorsey, but with all writing removed. After an argument by the attorneys with the jury out of the room Judge Roan admitted the diagram as representing the state's theory.

While lawyers and principals in the Frank trial refuse to estimate the probable length of the big legal battle, those who have been following the case closely now believe that it will run far into next week. Judging from the progress made since the jury was chosen the state will do well if it closes its case by next Saturday.

Everybody is wondering whether or not Conley, if he is called, will stand up under the battery of the defense when he takes the stand against the accused factory superintendent. Conley is expected to be the state's main witness.

Conley is almost certain to take the stand twice during the trial. He will, of course, be a witness in the direct presentation of evidence by the state. And it is more than probable that he will be called in rebuttal to refute the statement that W. H. Mincey, defense witness, is expected to make. Mincey claims that Conley, while intoxicated, confessed to murdering a girl on the day Mary Phagan was killed.

So far the prosecution has presented nothing that has not been told the public weeks ago through the newspapers. Attorney Frank A. Hooper, for the prosecution, promises that evidence heretofore unknown will be brought before the jury this week. In conversation with newspapermen Thursday morning he said that the state would present important new evidence before it closes its case.

PUBLIC ADMITTED.

At 8:40 o'clock the public was admitted to the court room until the seats were taken. About fifty people were left outside when the doors were shut again. Frank already had arrived from the jail, in charge of the sheriff. Judge L. S. Roan was in his own chambers.

The jury was waiting in the room designated for its use. No women appeared among the crowd first admitted to the court. Frank, the accused man, appeared cheerful, and chatted unconcernedly with friends close to him.

Court reconvened at 9 o'clock. The judge, lawyers and other principals appeared in mohair or linen suits. Newt Garner, special deputy attached to the solicitor's office, produced the diagram which the solicitor had sought

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Did Frank Look at Mary Phagan's Face at Morgue on Sunday?

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to introduce as evidence Tuesday afternoon and hung it again upon the wall. The key writing and most of the lines had been erased.

The solicitor again sought to introduce the diagram in evidence. The defense objected. The defense objected even to it being hung where the jury might see it. Attorney Arnold pointed out a heavy dotted line and two crosses and two red dots, assuming that they illustrated the story which the negro, Conley, he supposed, would tell.

Solicitor Dorsey cited a decision by the state supreme court.

Judge Roan asked Mr. Arnold if all the writing which might indicate the meaning of the lines and crosses and dots had been removed. Mr. Arnold admitted that the writing was erased. "But, your honor, writing is not necessary in order to explain a picture of a horse," he argued.

STATE WINS A POINT.

Judge Roan asked Mr. Dorsey: "The lines simply indicate the state's theory, do they not?"

Mr. Dorsey answered affirmatively.

Judge Roan admitted the diagram as evidence, and the jury was brought in and the trial began.

W. W. Rogers, formerly a county police officer, in whose automobile the officers went to the scene of the murder and in which they brought Frank there, went upon the witness stand.

Rogers now is a bailiff in Justice Girardeau's court. He is known as "Boots" Rogers.

Along about April 26, he said, he was operating an automobile for hire between Buckhead and Roswell.

ROGERS TELLS OF TRIP.

On April 26 he was riding around town in his car. That night he was at police headquarters with his car. About 3 o'clock Sunday morning, April 27, a call came to police headquarters from the pencil factory, and he drove some officers up to the factory on Forsyth street.

The officers were let in through the front door by the negro night watchman, Newt Lee. The negro led them to the basement, where they discovered the body of Mary Phagan.

Rogers was present when Detective Starnes used the telephone in the pencil factory office. This was just after daylight, between 5 and 5:30 o'clock. He couldn't recollect exactly what he heard Starnes say, nor did he know what replies came over the wire.

Starnes was asking some one to come to the pencil factory. He did not know to whom Starnes was talking. He heard him say, "I'll send an automobile for you." The detective hung up the receiver and asked him, the witness: "Will you drive to Mr. Frank's home, 68 East Georgia avenue, and bring him to the factory?" He consented, and went there with Detective Black, the drive requiring five or six minutes.

Detective Black preceded the witness to the door of the home. Black knocked on the door or rang the bell. In "a few minutes" the door was opened by Mrs. Frank. To the best of his recollection Mrs. Frank wore a heavy bathrobe. She opened the door wide and Detective Black and he stepped into the house entrance.

FRANK WAS DRESSED.

Black asked for Mr. Frank. Mrs. Frank called to her husband, and almost instantly he walked through the portieres in the hall toward the door. He was dressed for the street, with the exception of collar, tie, coat and hat.

Solicitor Dorsey inquired whether Mrs. Frank also was dressed for the street. Attorney Rosser objected. Judge Roan sustained the objection.

Frank wore a pleated bosom shirt. The witness said he noticed that particularly because it appeared to be ironed so nicely. Solicitor Dorsey requested the witness to go ahead and tell the jury what Frank had on.

Witness replied that he could tell only what he saw. Frank had on shoes, blue hose (he thought), blue trousers, white shirt and suspenders (he thought).

Describing Frank's actions after he entered the reception hall, Rogers testified that Frank walked directly to Detective Black and inquired, "Has anything happened at the factory?" Black did not answer, but hung his head.

FRANK ASKED QUESTIONS.

"Frank then came to me," the witness said, "and asked me the same question, and I did not answer. Turning to Black again, Frank asked, 'Did the night watchman call up and report anything to you?'"

To this question Black replied, "You'd better get on your coat and go with us to the factory."

Rogers testified that he did not hear Starnes tell over the telephone to whomever he was addressing, that a murder had been committed at the factory.

About 3:30 o'clock, he said, he heard Call Officers Anderson, who had Newt Lee in his custody, trying to call some one over the telephone from Frank's office in the pencil factory.

The witness returned to the scene at Frank's house. Frank asked his wife for his collar and tie.

Solicitor Dorsey asked Rogers if anything was said about dreams while he and Black were at Frank's home. The defense objected. Solicitor Dorsey said he was refreshing the mind of the witness from the transcript of evidence taken at the coroner's inquest. Rogers replied:

FRANK'S DREAM.

"Mr. Frank said something about the phone ringing early that morning. He didn't know whether it actually had rung or whether it was a dream."

Rogers testified that Mrs. Frank asked her husband to drink some coffee before he went to the factory. Frank said, "Yes, I'd like to have time to drink a cup of coffee." Detective Black said, "I think a drink of whisky would do him good."

Mrs. Frank explained there was no whisky in the house because her father, Emil Selig, had suffered an attack of acute indigestion and had consumed it. Rogers asked Mrs. Frank for some water to put in the radiator of his automobile, and on her permission went back into the kitchen and got a bucket full of it.

There was no preparation being made for breakfast in the kitchen and there was no fire that he saw. There was a gas range there, said the witness. Rogers said that Frank was "extremely nervous," that his voice was refined or strained and "kind of lady-like."

FRANK APPEARED NERVOUS.

Frank was rubbing his hands and put questions abruptly and moved above briskly in the hall. Frank had his hair combed when they arrived at the house five or six minutes after they left the factory.

"On the trip to town, about how long did it take you?"

"About five or seven minutes. I remember looking down at the speedometer and seeing that it registered forty-one miles an hour."

"What was said about Mary Phagan?"

"One of us, I think it was Black, asked Frank if he knew a girl by the name of Mary Phagan. Frank asked if she worked in the factory. Black said, 'I think so.' Frank said he would look on the pay roll and see. One suggested taking Mr. Frank by the undertaker's, and we went there."

"Did you see a corpse?"

"Yes."

"Describe the place and all about it."

"There is a little hall leading through the place. On the left is a chapel and on the right is a large room. In that room the corpse was laying on a cooling board. The room was dark, but Will Gheesling, who worked there, lit a light behind the corpse. Then he took the sheet down and turned her head toward me. I looked back then, to see who was following, and saw Frank step into a little side room which I afterward learned was the place where Gheesling slept."

FRANK AT UNDERTAKER'S.

"Did you see him look at the corpse?"

"I didn't. I remember looking back to see who was following me, just as the head was turned toward me, and then he stepped into this little room. He could have looked at it, but couldn't have seen the face until Gheesling turned it around."

"Did you have any conversation there?"

"Someone asked Frank if he knew her. He replied that he was not certain, but if it was Mary Phagan and she worked at the factory he could tell there."

At this point the witness said that in the conversation at Frank's residence he had heard Frank tell his wife to call up Darley and have him come to the factory.

"Did Frank ask Black any questions at the undertaker's?"

"I don't remember."

"What was Frank's manner?"

"He still was apparently nervous."

"What did he do or say?"

"It was just his general manner that made me think he was nervous his quick actions and his quick steps."

"When was Frank first told the girl's name?"

"So far as I know, it was in the car coming down when he first heard the name and heard that there had been a murder."

"Did he ask anything about her name at the undertaker's?"

"I don't remember."

"How long were you at the undertaker's?"

ASKED ABOUT ENVELOPE.

"Ten or fifteen minutes. We went from there to the factory. As we stopped the car, Mr. Darley and some other man were going into the factory and Mr. Frank called to them. We all went up the steps together. We went directly to Mr. Frank's office, and he immediately opened the safe and took out the time book. Running his finger down a page, he came to the name Mary Phagan. "Yes, she was here yesterday to get her pay," he said. "Wait and I'll tell you what time. If I make no mistake, my stenographer left at 12 o'clock, the office boy went a few minutes later, and then she came in and got her pay. It was 1:20."

"What else was said?"

"Mr. Frank asked if the envelope had been found lying around the factory."

"What day did he say Mary Phagan got her pay?"

"He said 'yesterday,' referring to Saturday, April 26."

"Did he give the time any more accurately than at a little after 12 o'clock?"

The witness repeated his testimony regarding Frank's statement.

"What were his appearance and deportment then?"

"He was still nervous."

"Describe his manner."

"He still stepped around quickly, and his speech was quick and sharp."

"Describe his countenance."

"I didn't notice it especially."

"What about the elevator?"

"After he had opened the safe, and so forth, something came up about where the body was found, and I think he said he wanted to see the place. Frank then went by the time clock and up to a switch box by the elevator. He turned this on and the machinery started running."

THE ELEVATOR.

"Was the switch box locked?"

"No, the lock and key were there by it, but it was open."

"What was said about this by Frank?"

"He said that he had been accustomed to keeping it locked until he was told by the insurance company that it was against the law to keep an electric switch box locked. The crowd got into the elevator, and Frank reached for the rope. It was hung (caught), and Mr. Darley helped him to get it loose."

"Describe Frank's manner."

"He still was nervous."

"Go into detail."

The witness repeated his detailed description of Frank's quick actions.

"Did you hear Frank ask any questions on the way to the basement?"

"I can't remember."

"Did he then advance any theory about the crime?"

"Frank stated that Newt Lee had worked for a long time with Darley and had been at the factory only a short time. If the negro knew anything about it, said Frank, Darley would come nearer than anybody else to getting it out of him."

THE TIME CLOCK.

"Did you see anybody take any punch slip out of the time clock?"

"That was later on after we had left the basement and come back to the office floor. Frank suggested to Darley that they'd better nail up the back door and they went back down. The officers left Lee with me, and after they came back upstairs they took Frank through the factory. When they returned to the office, one of the officers suggested that they'd all better go down to the station house, and Frank, turning to Darley, said, 'I guess I'd better put a new slip on the clock.' Darley said, 'Yes.' Frank took his keys out of his pocket, unlocked the door of the lock on the right, and took out the time slip. He examined the slip and then said it was punched all right."

"Lee was handcuffed and was standing near. Darley also was there. After seeing that the time slip was punched all right, Frank laid it down on the table and went into his office, coming out with a blank slip. While he was in the office getting the new slip, several of us examined the one taken from the clock. When Frank put in the new slip, he asked some of us to help him, and I held a lever. Frank found a pencil in one of the punch holes and asked Lee why it was there. The negro said he put the pencil there so he would punch the right hole and make no mistake."

"Frank locked the clock and on the margin of the slip he wrote in pencil 'April 26, 1913.' Then he folded the slip and carried it back into the inner office. When I examined the slip I noticed just the first two punches especially. One was punched at 6:01 o'clock and the second at 6:32 or 6:33."

"He didn't notice any skips on the slip," said Rogers.

"He thought if there had been any omissions, he would have seen them."

While they were in the factory, he heard Frank say several times that he wanted to go out and get a cup of coffee. Solicitor Dorsey wanted to know if anybody else said anything about coffee. Attorney Rosser objected. Judge Roan sustained the objection.

LITTLE TO SAY OF CRIME.

"Did you hear Frank say anything about wanting to get breakfast?" asked the solicitor.

"I don't remember that I did, but while we were at his home Mrs. Frank asked if Mr. Frank couldn't get his breakfast before he left."

"While you were in the factory," the solicitor asked, "did Frank talk much about the murder?"

Frank had very little to say about the murder, replied Rogers. When the officers pointed out where the girl's body had been found in the basement, Frank said, "That's too bad."

Rogers said he did not notice Frank's eyes. Frank was in the factory about an hour that morning. From the factory they went to the station in his, Rogers', automobile. Darley sat on the front seat beside the witness, and Frank sat on Darley's knee.

Newt Lee, the negro nightwatchman, was in the rear seat with Detective Black. As far as the witness knew, nothing had been said to indicate that Frank was under arrest. At police headquarters the officers took Frank to the detective chief's office on the third floor. Rogers did not go upstairs with them. He stayed behind to take his sister-in-law home.

Replying to questions by the solicitor the witness did not remember to have seen Frank do any writing at the station house. He did see Newt Lee write. Some of the officers were writing. The solicitor sought to refresh the witness' memory about his testimony on this point before the coroner's jury. Attorney Rosser objected. Judge Roan sustained the objection.

Solicitor Dorsey asked Rogers if he had seen the officers do anything with Frank and Lee at the station house. Attorney Rosser objected. Judge Roan sustained the objection.

The solicitor asked if Rogers saw Frank with a pencil in hand.

ANOTHER OBJECTION SUSTAINED.

Taking up the stenographic record of the testimony at the coroner's inquest, the solicitor stated that he desired to ask the witness what he swore at the inquest. Attorney Rosser objected. Judge Roan sustained the objection.

The solicitor then asked Rogers about Frank's appearance while at the station house. Frank was nervous, said Rogers, just like he was when the witness first saw him at his home and like he was at the factory. Asked to describe his actions, Rogers said Frank jumped from the car immediately it was stopped in front of the station; that he walked rapidly and nervously into the station; and that what few words he spoke were uttered in a nervous and excited manner. Darley followed Frank to Chief Lanford's office. Rogers did not observe Frank's hands at the station.

CROSS-EXAMINATION.

Rogers was cross-examined by Attorney Rosser.

Rogers testified that he had not seen Frank before that Sunday morning when he went to his home and got him. He did not know Frank's usual actions and mode of expression. He couldn't say whether Frank was perturbed or excited more than usual.

When the officers arrived at the factory, very early that morning, they waited at the door a minute or two for Newt Lee to come down and open the door.

Rogers admitted that they could not tell, at first, whether the body was that of a white or negro girl. They had to pull down one stocking and wipe her face off before they could tell. Rogers said that the cord cut into the flesh of the body's neck, but the skin wasn't broken.

The piece of her underskirt around her neck was over the cord. Attorney Rosser questioned Rogers closely about the time when they returned to town and took Frank to the undertaking parlor. Attorney Rosser asked Rogers if Detective Black didn't say a drink drink would do them all good.

"Not in those words" answered Rogers.

He reported what Mrs. Frank had said about her father having consumed all the whisky in the house. Frank and Mrs. Frank and the lawyers laughed.

Attorney Rosser asked Rogers what he said about Mary Phagan's pay envelope before the coroner's jury. Rogers said that he told the coroner's jury about it, but couldn't recall his exact words.

When they visited the undertaking establishment, said Rogers, he did not know whether Frank and Black were inside when the light over Mary Phagan's body was flashed on.

Mr. Rosser asked him if he didn't know Black was leaning against one side of the door and Frank against the other side. He didn't know whether they were or not. He wouldn't attempt to say that Frank didn't see the corpse then. "Didn't you know that Gheesling was looking at Frank when he turned the light on?" asked Mr. Rosser. Rogers said no.

Mr. Rosser developed from the witness that the elevator appeared to be a rather clumsy and frail affair, but the witness declined to say that it stopped with a bump. Mr. Rosser also brought out the fact that when Darley came to Frank's assistance when they started the elevator, it started toward the top, but Darley stopped it, and then Frank took hold of the rope and ran the elevator to the basement.

Rogers testified that when they found the body it lay with its head toward the front and its feet diagonally across toward the right rear corner.

BRUISES ON BODY.

The body was lying on its front, with the arms folded beneath it. The face looked toward the right wall.

Attorney Rosser brought out a repetition of testimony about bruises and slight cuts on the face, and about the examination of the body by the police. One of the stocking supporters was broken, testified the witness. Her undergarments were torn.

Rogers stayed about twenty minutes in the basement, and then left to get the undertaker and to go after his sister-in-law, who identified the body. Attorney Rosser brought out the fact that Frank went to police headquarters from the factory willingly and readily.

Solicitor Dorsey took the witness on re-direct examination.

"When you first saw the body in the basement, could you tell by the hair whether it was that of a white person?"

Rogers answered that at first glance it looked like the hair of a white girl, but he couldn't tell from the face. Both Rosser and Dorsey interrupted the witness. The solicitor said that what he wanted the witness to do was to say whether he could tell by the hair that the body was that of a white person. Rogers answered that the hair impressed him that way.

DID FRANK SEE FACE?

Solicitor Dorsey asked the witness if the body that he saw in the basement was the same that he saw in the undertaking establishment. Rogers said that it was.

The solicitor asked if Frank saw the face of the body at the undertaking establishment. Rogers said he didn't think so.

Attorney Rosser demanded to know if the witness had not stated that when he first went into the room where the body lay, he did not notice where Frank was and that Frank might have seen the fact at that time.

Rogers admitted that he said he did not know what Frank's position was when he, Rogers, entered the undertaker's room, but that unless Frank was close to where he, the witness, stood he could not have seen the face.

Solicitor Dorsey sought to go over with the witness the testimony he gave on direct examination about this point.

Attorney Rosser objected. Judge Roan sustained the objection.

ANOTHER TILT.

Addressing the court, the solicitor said: "All I want to know, your honor, is whether it was possible for Frank to see the girl's face. If not, why not?"

The solicitor put this question to the witness:

"What, if anything, prevented Frank from seeing the girl's face when he turned off into the little room?"

Although Mr. Rosser was endeavoring to interrupt, the witness replied: "The body was lying so that he couldn't have seen it."

"What was it you testified about the envelope?" asked the solicitor.

Mr. Rosser objected. Judge Roan sustained the objection.

Addressing the witness, Attorney Rosser inquired:

"Didn't you tell me that when the girl's face was turned toward you, you were intent upon looking at it and didn't know where Frank was?"

"I told you he had to be close to me in order to see the face. If he was outside, he could have seen the body but not the face."

"Didn't you tell me," demanded Mr. Rosser, "that Gheesling, the undertaker, was in better position to know all about this matter than yourself?"

"Yes," answered the witness.

"Come down," said Mr. Rosser.

Solicitor Dorsey interposed another question.

"When Frank went into the room, the girl's face was turned toward the wall, was it not?"

"Yes," replied the witness.

"Come down," said the solicitor.

"Look out! Wait a minute," snapped Mr. Rosser. "You were so busy looking at the girl's body that he could have seen the face and you wouldn't have known it?"

ROGERS LEAVES STAND.

"He could have seen the body but not the face. To see the face, he would have had to be somewhere close to where I was standing."

"You just said, did you not, that you didn't know where he was?"

"Yes."

"Come down," commanded Mr. Rosser.

"Hold on!" ordered the solicitor. "Didn't you testify that Frank didn't enter the room where the body lay?"

"Yes, sir," answered the witness.

"And that he stepped off into a side room?"

"Yes."

"Come down," said Mr. Dorsey.

And this time the witness left the stand.

Miss Grace Hix, sister-in-law of "Boots" Rogers, who preceded her on the stand, was called as the next witness.

Miss Hix said that she had known Mary Phagan ever since Mary had worked at the pencil factory, nearly a year. Miss Hix worked with her in the metal room at the rear of the second floor. Mary was a pretty girl about thirteen years old and was well developed for her age. Mary and the other girls working there registered four times a day at the time clock, said the witness, checking in at the beginning of the day's work, out and in again at noon, and out at night.

Mary's machine was next to the dressing room, near where the blood stains were found on the floor. Frank made visits through the metal room at least once a day, and that sometimes the girls would see him elsewhere in the factory.

MARY LAID OFF.

The last day that Mary had worked prior to the murder was on the preceding Monday. Mary had been laid off then on account of the metal giving out.

Solicitor Dorsey questioned her closely about the metal and where it was kept. His questions indicated that this will become an important point in the state's case.

Miss Hix testified that the metal was kept in a closet under the steps leading from the metal room to the third floor.

Using Mary Phagan's parasol, handed to her by Solicitor Dorsey, Miss Hix pointed out the metal room on the chart. She pointed out also a little room alongside it, occupied by Lemmie Quinn, the foreman, as an office; and the men's and women's toilets.

Solicitor Dorsey asked her if any of the metal had come between Monday and Saturday of that week. She replied that none had come. Mr. Dorsey asked her then if she knew whether or not Frank was aware that the metal supply had given out. She didn't know.

She said that although Saturday was the usual payday, the majority were paid off on Friday night of this particular week, between 6 and 7 o'clock. On the Wednesday preceding the murder, Lemmie Quinn, the foreman, had called her up and told her the girls would be paid off Friday.

With Mary Phagan's parasol again, Miss Hix pointed out Frank's office on the chart, and the register clocks, and the probable course anyone would take in going from Frank's office to the metal room in the rear on that floor. She pointed out Mary Phagan's machine in the metal room.

GOOD DEFENSE WITNESS.

Miss Grace Hix was cross-examined by Attorney Rosser. She made about as good a witness for the defense as she had for the prosecution, Mr. Rosser bringing out several material points.

Miss Hix said that a person standing by the time clock could not see into Mr. Frank's private office.

While Frank often passed through the metal room to see how things were going on, he seldom spoke to any of the girls. She remembered only three times in about a year that he had spoken to her, and one of those times was when she went to him to borrow a quarter.

Miss Hix said that she did not know whether Frank knew her name. The floor of the factory was quite dirty, and there were several buckets of a white lubricant sitting around; also different colored paints were used around the factory.

She knew that they used blue and white paints, but was not sure about red paint. Only four girls worked in the department herself, Magnolia Kennedy, Helen Ferguson and Mary Phagan. She and Helen and Magnolia got their pay on Friday afternoon. They went to the factory together some time after 6 o'clock.

In the metal room she and the other girls were accustomed to comb their hair only a few feet from Mary Phagan's machine. Magnolia Kennedy, she said, had hair of almost exactly the same color as Mary Phagan's. She described that hair as about two shades darker than her own.

Asked to point out somebody in the court room whose hair was about the same color, she pointed to Attorney Arnold. The girls usually combed their hair when they were getting ready to leave the factory.

She described Mary Phagan as being stockily built, quite a strong girl, who would weigh about 115 pounds. Miss Hix said that Darley, as general foreman, employed the help and Frank had very little to do with it. She described the distance between the time clock and the office as about ten feet.

She never saw Frank manipulate or have anything to do with the time clock, she said. She identified a pencil handed to her as one similar to the pencils which she helped to make.

On re-direct examination, Solicitor Dorsey developed from the witness that she had not seen posted notices that Saturday, April 26, would be a holiday and that employes of the factory would be paid off Friday afternoon.

DIDN'T SEE NOTICE.

She admitted that probably she would have seen it had one been posted. These notice cards, said the witness, usually were tacked about at different places in the factory, and usually about a week in advance of the holiday which they related to. She saw no such cards on the Monday before the murder. Mary Phagan worked on that day. Foreman Quinn never had phoned her before. On this particular occasion he telephoned to her Friday after dinner.

Miss Hix stated that she still works at the pencil factory. She did not know where the uncalled-for pay envelopes were kept, but thought they were kept in the office. Solicitor Dorsey endeavored to have the witness state whether a person punching the clock could be seen from Frank's desk in the inner office. Witness did not know which desk Frank occupied. Neither did she know whether the door of the outer office, when opened, obstructed the view of the clock from Frank's office. She does not enter the private office, she said.

Solicitor Dorsey questioned the witness in much detail as to where the paint was kept and how it was used. She said that the paint was kept in the polishing room, a different department from the metal room in which Mary Phagan worked.

The door or entrance to the polishing room is about four or five feet from the door of the dressing room in front of which the red spots were found. She never had seen any paint in the metal room. However, she had seen drops of paint on the floor outside the polishing room, close to the dressing room and cooler.

Solicitor Dorsey wanted to know whether she could tell whether or not what she saw was paint. She answered in the affirmative. She added, however, that she had never seen any red paint outside of the polishing room.

Attorney Rosser interposed a question. He wanted to know if the floors throughout the factory are not stained and dirty, and if the stains on the floors are not so mixed as to make it hard to distinguish among them. Miss Hix answered that the floors are very dirty and that if paint remains on them for two or three days the dirt would cover it so it would be hard to tell whether it was paint or not.

Miss Hix was excused.

BLACK TAKES STAND.

City Detective John Black was called to the stand.

Detective Black said he had been on the detective force for six years. Before that he was a cooper.

Black testified that he was awakened about 4:30 o'clock on the morning of April 27 by Police Sergeant Bullard, who called him over the telephone and told him of the murder. He went from home to the police station, arriving there about 5 o'clock. He talked to Newt Lee at police headquarters from about 5 to 5:30 o'clock, he said. Then he went to the pencil factory, arriving there shortly before 6 o'clock.

About 6 o'clock Detective Starnes called Frank over the telephone and told him they wanted him at the pencil factory and offered to send an automobile out to get him. He went with Boots Rogers in the automobile to Frank's home, and in answer to a ring Mrs. Frank opened the door. She wore a bath robe. He told her he wanted to see Mr. Frank. A moment later Frank stepped from behind some curtains in the hall.

Solicitor Dorsey asked Black if he had seen Frank before that moment. Black replied that on two previous occasions he had encountered Frank at the pencil factory on cases which took him to the factory. On one of these occasions, said Black, he had a conversation with Frank. On that occasion, said he, there was nothing unusual in Frank's demeanor.

FRANK'S MANNER.

Solicitor Dorsey asked the detective as to Frank's manner on the morning of April 27. Frank was very nervous that morning, said the detective. The solicitor asked him to explain, and Attorney Rosser objected.

Argument followed. Attorney Rosser said: "If my brother (Dorsey) would sit down and quit smiling at me, I'd be happy." Judge Roan sustained the solicitor. The question was repeated.

Black answered that he was very nervous, and had trouble putting on his collar and tie. Frank mentioned breakfast twice, said Black. He asked questions rapidly. Frank asked him if anything had happened at the pencil factory and before he could answer that question, asked him if the night watchman had reported anything to the police. Black said that he gave indirect answers to both questions, and told Frank simply he'd better dress and come down to the factory and see.

Black said that he was watching Frank insisted, too, that he wanted a face seemed pale. Frank's voice was hoarse and "trembly." Black said that Frank insisted, too, that he wanted a cup of coffee before he left the house.

"What was said in the automobile when you were going to the factory?"

"Frank wanted to know what had happened, and I asked him if he knew a girl by the name of Mary Phagan and told him that her dead body had been found in the basement. Frank said he didn't remember such a girl; that he knew very few of the girls employed in the factory."

TRIP TO MORGUE.

"I suggested that we go by the undertaker's shop. When we entered the undertaker's, one of the undertakers was in front, Rogers followed him, Frank went next, and I followed Frank. When the undertaker lifted the sheet down, Mr. Frank looked at her and stepped aside. I would say that he glanced at her casually."

"Do you know that he saw her face?"

"I can't say."

"Did you see Gheesling turn her head over?"

"Yes, that was just about the time Frank stepped aside."

"What do you mean by 'stepped aside?' Where did he go?"

"He stepped behind a curtain."

"Could he see the body from there?"

"No."

STEPPED AWAY FROM BODY.

"Did he ever go into the room where the body was?"

"Except for that first time I can't say that he did. After he stepped behind the curtain he went away from the body."

The solicitor was interrupted by Attorney Rosser, who declared that he was "viciously leading the witness." After a little tilt the solicitor was allowed to proceed.

"What did Frank say then?"

"I asked him if he knew the girl, and he answered that he did not know her just then, but thought from her dress that he had paid her off Saturday and could tell by going to the factory."

"How long did you stay at the undertaker's?"

"About five minutes. We went from there to the factory, and just as we drove up we saw Mr. Darley and another man. There was a general conversation as we went up the stairs."

Judge Roan adjourned the court at that point, 12:25 o'clock, until 2 o'clock.

FTERNOON SESSION.

A large crowd than at preceding sessions was waiting outside the court house when the doors were opened Wednesday afternoon. Shortly before 2 o'clock as many as could find seats were allowed to enter, and a number were turned away. A number of women were among the crowd.

Court re-convened at 2 o'clock.

PAGE 4, COLUMN 7

FRANK JURORS IDLE AWAY LONG HOURS WITH SONG

They Sing Ballads and Tell Irish Tales During the "Recess" Hours

Jurors in the Frank trial have organized a singing club. Their purpose is not to give diversity to the trial with a note of song, but to while away the time between sessions of court.

When Judge L. S. Roan gives word that the trial has proceeded far enough for the day, jurors are taken for a brief, brisk walk, and then to their residence for the nonce, which consists in three rooms thrown together at the Kimball house.

There the twelve take up their quarters for the night, and remain until the beginning of the court session upon the next day. Twelve cots have been placed in the three connecting rooms, and there the twelve jurors sleep. Until the trial is ended they will have no opportunity of seeing home folks, but they are permitted to send messages through deputy sheriffs.

Still, this routine: court room throughout the day, and the three rooms at the Kimball as a bedroom for the night, grows uncomfortable.

Yet, song is a comfort for most of life's distress; so, the jury has taken to singing. They sing ballads and tell Irish stories. Deputies in attendance on jury report that the song club has all but reconciled the twelve men to the prospect of another week of jury duty.

PAGE 5, COLUMN 1

TRIAL THUS FAR HAS ONLY ESTABLISHED MURDER OF THE GIRL

Tuesday Afternoon's Session Hears of Beginning of Police Investigation Into Mystery of Mary Phagan's Murder

Following in the sequence which it began with the introduction of the first witness, the prosecution of the murder charge against Leo M. Frank progressed Tuesday afternoon to the point at which the city detectives began their investigation of the murder mystery.

Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, who saw her leave home about noon of April 26, the state established in succession her arrival at the corner of Marietta and Forsyth streets, and departure thence for the factory two blocks away this by the newsboy, George Eppes; the ing of her dead body fifteen hours later, in the pencil factory basement this by the night watchman, Newt Lee; the arrival of the police and their official survey of the surroundings this by Sergeant L. S. Dobbs; the beginning of the detectives' investigation and the arrival of Leo M. Frank in physical person upon the scene this by Detective J. N. Starnes, who appears formally as the prosecutor of the charge against Frank.

Thus, therefore, the state has established the very necessary foundation of fact that Mary Phagan was murdered in the pencil factory.

The session Tuesday afternoon was punctuated by objections by the state or the defense to questions put by the opposing side to witnesses on the stand, and by arguments between state and defense over these points.

Sergeant Dobbs and the other officers examined the basement and failed to find any notes or pads except the two notes and the pad found beside the body he said. They failed too to discover any pads on the first floor of the factory. There was no blood on the ground or in the sawdust where the body was found.

Attorney Rosser asked him if he went carefully into the trash pile in his search. No, he didn't dig it all up, said the witness.

Picking up the hasp which had been found drawn from the back door, Mr. Rosser handed it to the witness and secured his admission that it was slightly bent to one side. Sergeant Dobbs said he could not say how the hasp was removed, but that it must have been drawn straight out from the inside of the basement; that the door apparently had been opened from the inside.

Mr. Rosser read the sergeant's testimony at the coroner's inquest with reference to the dragging trail leading from the elevator to the dust bin, and also with reference to the size of the trap door in the first floor.

Apparently the attorney sought to bring out that the trail did not lead all the way from the front of the elevator, but from somewhere near the corner of it close to the ladder. He also sought to establish the fact from the witness that the trap door hole was not so small that two persons could not pass through it. Witness protested that he got through himself with great difficulty; that the hole is small.

City Detective J. N. Starnes, who is known in the case as the prosecutor of Leo M. Frank, was next called to the stand.

STARNES' TESTIMONY.

Detective Starnes testified that he went to the pencil factory about 5 o'clock on Sunday, April 27, and made a minute examination of the basement. He testified at length as to the position of the hasp and lock on the basement door. The substance of this testimony was that the staple could not possibly have been drawn from the outside. He declared that there was a small piece of pipe on the inside, which evidently had been used to pull the staple, as directly beneath the hasp's position on the woodwork was an indentation which this pipe fitted.

There was another larger piece of pipe, he said, which had been placed against the door to prevent it being opened from the outside, and this pipe was in place when he made his examination.

Detective Starnes said that he took Newt Lee back to the pencil factory that Sunday morning following a conference between Chief of Detectives Lanford and Detective Black and himself. Detective Black went with them, he said.

The first thing he did on arriving at the factory was to call Frank's house on the telephone. He got a response shortly and got Frank on the telephone and told him to come down to the pencil factory right away.

PHONED TO FRANK.

Frank replied that he had had no breakfast and that he didn't want to come until he had eaten something. Starnes said he impressed on him the urgency of coming and offered to send an automobile after him, and that Frank then agreed to come.

The automobile went out and got him. Starnes said that he did not tell Frank why he wanted him to come to the factory. There was no way for Frank to find out that there had been a murder at the factory until he reached there thirty minutes or less after the telephone conversation.

"What was the attitude of the negro Lee?" asked the solicitor.

Attorney Rosser objected. There was an argument for about five minutes, all four of the attorneys participating.

"We don't care what the witnesses looked like," said Attorney Arnold. "A detective thinks everybody looks guilty."

NEWT LEE WAS CALM.

Starnes replied that the negro seemed composed when they took him up to the pencil factory that morning.

Mr. Dorsey asked Detective Starnes about the appearance of Frank. Starnes said that the first time he saw Frank was when Frank, with several other men walked into the factory office where he, the witness, had Lee. Among the other men was General Manager Darley, of the pencil factory. The first thing Starnes heard Frank say was a remark addressed to Mr. Darley: "You see, I've got another suit."

Attorney Hooper, for the state, declared that inasmuch as Attorney Rosser had been allowed to make an attack on Lee during his cross-examination of the negro, he believed this to be admissible in rebuttal.

Judge Roan said he would allow the question if Solicitor Dorsey insisted.

"I insist, your honor," said Mr. Dorsey. He was allowed to repeat his question.

SAYS FRANK WAS NERVOUS.

Starnes admitted that when he was talking with Frank over the telephone he told him who it was that was talking to him.

Solicitor Dorsey wanted to know if Frank had said anything in addition to what he said to Darley about another suit; whether he mentioned breakfast or coffee or anything like that. Starnes said he did not hear anything like that. Frank appeared to be very nervous, said the witness. When pressed to particularize as to why Frank appeared nervous, Starnes said he showed himself nervous in contrast with other men there. Upon objection by Attorney Rosser, Judge Roan ruled out that portion of Starnes' testimony relative to the contrast with other men's appearance. Frank's manner was nervous, said Starnes. He was rather "trembly," not composed. Frank and Darley went upstairs somewhere. While telephoning to Frank, said Starnes, he did not tell Frank what had happened at the factory, nor did he do so when Frank came to the factory. He didn't know Frank and didn't speak to him.

About the time clock punch slips, Detective Starnes said that about a week after the murder, possibly Friday night, he read something in the paper which caused him to get out of bed and go to the factory. There he induced the night watchman to show him how the punch clock was operated. The watchman, said he, made a complete record of the dial in five minutes; and this record covered the half-hour punching periods from 6 to 6 o'clock, or twelve hours. Starnes said he was not present when Frank referred to Newt Lee's punch slip record. Starnes identified the cord taken from Mary Phagan's neck. He identified other similar cords which he himself had taken from the finishing room adjoining the metal department on the second floor of the factory. Each of these cords had a slip knot on it, just like the knot on the cord found around the girl's neck. Starnes indicated on the diagram the room in which he found the cords.

FINDS BLOOD SPOTS.

Starnes continued that he had found a number of cords similar to that found around the neck of Mary Phagan's body, in the factory, especially in the basement. He didn't remember finding any more on the second floor. On Monday he was called to the factory and found on the floor about two and a half feet from the dressing room in the rear of the second floor some splotches which looked like blood. He described them as covering a spot about the size of his hand, with smaller drops spattered around. Over these blood spots had been smeared some white substance.

He described in detail the rear of the building on the second floor, including the toilet and the door which leads to the steps going up to the third floor at the backs. He identified a picture on the diagram as being a reproduction of the fastenings on that door.

The witness said that on a nail about fifty feet from the partition on the second floor, about a third of the way from the double doors toward the elevator, he found a nail on the head of which there was some blood and he pulled it from the floor, and he took it to police headquarters. There was a little blood just a little about on the floor near the nail.

The distance between the double doors and the spot where he found the large blood stain in front of the dressing room, said he, is about thirteen feet.

Solicitor Dorsey concluded the direct examination by asking the detective how long it takes a person to walk from Marietta street along Forsyth to the National Pencil factory?

"About three minutes," answered the detective.

Attorney Rosser took up the cross-examination of Detective Starnes. The detective admitted that he had gussed at the length of time required by the walk from Marietta street to the pencil factory. The witness said he thought it should not take more than five minutes to get off a car on Marietta street, walk along Forsyth to the pencil factory and up the steps to Frank's office.

STAPLE SLIGHTLY BENT.

Attorney Rosser secured an admission from Starnes that the staple pulled from the rear door was bent slightly. Attorney Rosser asked him about the finding of Mary Phagan's hat on the trash pile. Starnes said that he picked it up from the trash pile about 6 o'clock on Sunday morning, but that he does not think he was the original discoverer of it. The shoe had been removed by another officer, he said. He said further that he found a gas pipe near the door, and that in his opinion it was used as a fulcrum for a lever with which the staple was pulled.

Attorney Rosser asked Starnes if, when he called Frank, "Boots" Rogers was standing near in the same room. Starnes did not remember. Attorney Rosser asked him if he hadn't heard Boots Rogers' testimony before the coroner's jury about Starnes calling Frank on the telephone.

Solicitor Dorsey objected, and the point was argued about 10 minutes. Mr. Rosser contended that inasmuch as Starnes appears as the prosecutor, he immediately should have refuted any misstatement by Rogers.

ASKED TO REPEAT TESTIMONY.

Judge Roan instructed Mr. Rosser as to how he might ask the question. Mr. Rosser, announcing that he wanted to test the memory of the witness, picked up the stenographic reports of the coroner's inquest and requested him to repeat just what he had testified on the two occasions when he appeared as a witness before the coroner.

Solicitor Dorsey objected immediately, declaring that such a question was not a proper one. It was irrelevant except for the purpose of impeaching the witness, he said. Mr. Rosser was endeavoring without calling the witness' attention to any specific part of his testimony, to show that he couldn't recall it and thereby discredit his recollection now of the telephone conversation.

Attorney Arnold, for the defense, answered this objection. "Your honor, my friend the solicitor has been complaining about the time wasted here on these controversies, and I dare say more time has been wasted right over this one point than would be required to develop the evidence we are seeking."

"That's all right," shouted the solicitor. "I want to try this case according to law."

"So do we," declared Mr. Arnold. He argued that the defense desired to sift the witness in an effort to test his memory. If the witness' memory about other details three days after the crime was defective, argued Mr. Arnold, still less dependence could be placed in it no several months after the murder. Judge Roan ruled that the defense should not ask the witness to repeat verbatim all he testified to before the coroner's jury, but that the defense could outline some part of his testimony and ask him to repeat that.

Mr. Rosser propounded practically the same question as before.

Solicitor Dorsey objected vigorously again.

"I thought your honor had ruled on this point," he declared.

"I have ruled," said the judge.

"Well, then I want you to enforce the rule," demanded the solicitor.

"Sit down and I will," said the court.

DORSEY AGAIN OBJECTS.

Mr. Rosser renewed the argument as to his right to an answer to the question he had asked the witness. He said that he wanted the witness to repeat if he could just what he had told the coroner's jury.

Solicitor Dorsey promptly entered another objection, insisting that Mr. Rosser should indicate to the witness just what portion of his testimony he desired him to repeat. Mr. Rosser then inquired if the witness could give the very words he used at the inquest.

Starnes replied that he would find it difficult, adding that he wouldn't say now that his version of the telephone conversation was a verbatim account of it, but that he had repeated it to the best of his recollection. Attorney Rosser asked the witness whether Frank had said anything in the telephone conversation which at that time appeared significant to the witness.

Solicitor Dorsey objected, declaring that it was totally irrelevant.

Judge Roan, however, permitted Mr. Rosser to proceed.

Starnes replied that he could not now recall that at the time he noticed anything about Frank's conversation over the telephone.

Starnes testified that all of the blood spots had not been chipped from the floor of the factory when he was there the last time. Attorney Rosser asked him if the floor of the factory was not the dirtiest he had ever seen. Starnes declared that some aniline had been spilled around. He testified that he had not chipped up any of the blood spots around the nail. Attorney Rosser demanded why he did not testify at the inquest about Frank's statement to the effect that he had another suit of clothes. The witness presumed no one had asked him about it there.

Mr. Rosser asked, "Wasn't that statement made in a joking manner?"

"Sort of that way," said Starnes.

"Did you ever find Mary Phagan's purse or the ribbons and flowers which were around her hat?"

He had not, said the witness. This concluded the cross examination.

On re-direct examination, Solicitor Dorsey asked:

"You don't know, do you, that she had a purse?"

"No, I do not." answered Starnes.

GUARDED IN CONVERSATION.

After a clash between the attorneys, Judge Roan allowed Dorsey to ask the witness this question:

"Were you guarded in your telephone conversation with Frank?"

"I was," said the witness.

"What did you mean by 'casual' conversation?"

"Just the conversation of two gentlemen over the telephone," answered Starnes.

Starnes said he called Frank over the telephone soon after he had talked with Lee and Detective John Black.

Solicitor Dorsey put this question:

"Did anybody else about the factory joke on this Sunday morning after Mary Phagan's murdered body had been found, except this defendant, Leo M. Frank?"

The question caused another wrangle, and finally was admitted by Judge Roan after Solicitor Dorsey had argued that Attorney Rosser had brought out the admission that the remark about having another suit was made by Frank jokingly.

Starnes replied that he didn't remember anybody else joking, unless possibly it was Mr. Darley, with whom Frank had been talking.

Solicitor Dorsey exhibited two chips of wood, removed from the floor of the second story and supposed to contain blood spots. Starnes identified them as the chips, to a reasonable certainty, the only difference that he could see ebing that they were somewhat cleaner than when he saw them last.

"Whom did you give the chips to?"

"To Chief Lanford," replied Starnes. He didn't know what became of them after that, he said.

Solicitor Dorsey asked Starnes about an agreement between Chief Lanford and Frank, whereby the latter was to be placed under guard at police headquarters instead of being locked in a cell. He didn't know anything of his own knowledge about this, said Starnes. Both sides announced that they were through with Detective Starnes, and he left the witness stand.

The chips identified by Starnes were offered in evidence, along with some other articles, the cord which was found around the girl's neck; the hat, shoes, dress, underskirt, hair ribbons, stockings and other articles of wearing apparel; the strip torn from the bottom of her underskirt and found around her neck and a bloody handkerchief. All of this was admitted in evidence except the handkerchief. Attorney Rosser objected to that because it had not been identified. Mr. Dorsey recalled Starnes, and showed him two more chips of wood similar to the others which he had identified. Starnes recognized these as two that he took from the rear door. They also were supposed to have blood on them. They were admitted in evidence.

At the conclusion of this identification, Attorney Rosser asked Starnes if he knew anything else about the case more than he had stated already. Solicitor Dorsey objected. Another wrangle followed. Judge Roan allowed Mr. Rosser to put the question. Starnes said he didn't recall anything of importance at that time, that he had not told.

Solicitor Dorsey asked Judge Roan if he wanted any more witnesses "this afternoon."

"Have you got any short ones?" inquired the judge.

The solicitor replied in the negative.

Solicitor Dorsey sought to offer the large framed diagram in evidence.

JURY ORDERED OUT.

Attorney Rosser said, "Wait a minute till I can take a look at it." He read the key to the diagram, and exclaimed, "Oh, no, this will never go into the evidence. If my brother wants to insist on it, why I ask that the jury be excused while we argue it."

Judge Roan ordered the jury out.

The lawyers argued the admissibility of the diagram. It was taken from the wall and put down on the floor against the witness stand. Frank pulled his chair to a position in front of it and sat there examining it for a few moments, with Attorney Rosser on one side and Attorney Arnold on the other.

"Your honor, this thing is not admissible," said he. "Just let me read you some of the things that are printed on it. 'Black dotted line indicates course taken by accused.' Why, your honor, this is a marvel! 'Red dotted line indicates course taken by accused to toilet.' Maltese cross indicates where girl was murdered and where her body was found in the basement. I didn't know that the boys would hand me this kind of a lemon!"

Solicitor Dorsey smilingly said, "Well I thought you agreed to it."

"I didn't think you or my friend Hooper would try to put such a thing as this over me seriously, I didn't," said Mr. Rosser.

KNEW IT WASN'T ADMISSIBLE.

"We knew, your honor, that is wasn't admissible as evidence," said Mr. Dorsey, laughing. "We understood the defense, however, to agree to let it in and we would prefer to have it in like it is."

"Pictures are the best arguments in the world," remarked Attorney Arnold. "Illustrated papers are the best means of conveying ideas. This thing is nothing more nor less than an argument for the state's theory, and it should not have been hung here before the jury. I have never examined it closely or I would have objected. It states as clearly as anything can state that the tragedy happened in the metal room, and this is one of the points of issue in this case. This diagram ought not to show anything but the physical facts. It ought never to have been displayed before the jury."

Solicitor Dorsey addressed the court. "They object to the key of the diagram," said he. "We are willing to strike that off. With the key off, it should be admissible."

Judge Roan ruled that the simple diagram was admissible as evidence, but that anything appearing upon it as argument for the state or for the defense was not admissible. Attorney Arnold insisted that the dotted lines on the diagram were more potent arguments than the key itself. Solicitor Dorsey then announced that the state would withdraw the diagram at this time, indicating that it would be offered again later.

Court then was adjourned at 4:55 until Wednesday morning at 9 o'clock.

PAGE 5, COLUMN 2

GANTT STILL WEARS "TWO LITTLE DEVILS" THAT CAUSED ARREST

J. M. Gantt, one-time suspect in the Phagan case, and now a witness, Wednesday sat on a bench in the room above the one where Leo Frank was on trial for his life and said unpleasant things about his shoes.

"There they are," he declared in a peevish tone. "The two little devils that got me into this case and have cost me a hundred dollars in attorney's fees and more worry and care than anything I ever had before."

The objects of his wrath were simply two unoffending black boots with a stout pair of soles and shiny calf tops. They were the shoes for which Gantt called at the pencil factory on the afternoon of the murder, a call which resulted in his arrest later and his apprehension as a witness. That was three months ago, but Gantt still wears the shoes. One would think he would throw the "little devils" away, but he doesn't.

"You see, they're good shoes," says Gantt.

PAGE 5, COLUMN 4

A DRAMATIC SCENE IN COURT ROOM WHERE FRANK IS ONE TRIAL

DREW FROM COURT ROOM

From left to right are Attorney Reuben Arnold, sitting; Attorney Luther Z. Rosser and Solicitor Hugh M. Dorsey, standing, and Leo M. Frank, sitting. Judge L. S. Roan is shown on the bench. The sketch was made during a heated colloquy between Attorney Rosser and Solicitor Dorsey.

PAGE 5, COLUMN 6

No "Shirt-Sleeves" for Lawyers in Frank Case

For the sake of expediting the Frank trial, attorneys in the case are not permitted the comfort of "shirt sleeves" in the court room which, maintained a temperature Tuesday of 90 degrees.

Newspaper reporters and spectators may hang their coats on their arms, roll up their sleeves, and at least feel that they have prepared themselves against the heat. But before the trial began, Judge Roan, in discussing the legal attire, said humorously:

"Lawyers must wear coats. If I let them go in shirt sleeves they'd feel so comfortable this trial might never end. Now, for reporters, it comes so natural for them to slip out of things that they'll just naturally take off their coats."

PAGE 5, COLUMN 7

TRIAL IS NO ORDEAL FOR ME, SAYS FRANK'S MOTHER

She Declares Her Confidence in Son's Innocence Makes It Easy for Her

"My son never looked stronger than at this moment," said Mrs. Ray Frank, of Brooklyn, Wednesday morning. "The trial isn't telling upon him because he isn't worrying. He is confident because of his innocence and because of his certainty of an acquittal."

"Neither his wife nor myself is anxious. Of course we feel the heat and it is tiring to sit here in the court room throughout the day. But, like my son, we are not afraid. Why should we be? We know that he is innocent and we know that, because of this fact, he will be acquitted."

"I, his mother, know that he is free from all guilt of the charge upon which he is being tried, and that this trial can have only one result his acquittal."

"If any of us was afraid my son, his wife, or myself if we were doubtful of what the evidence will prove, this would be a terrible ordeal for each of us. Think how I would feel! To sit, and know that all that was said and done either tended to save or doom my son. To know that his fate really hung in the balance. I don't see how I could bear that."

"But I don't believe there is any uncertainty. I am confident, and so is he and so is his wife confident in the knowledge that he is innocent and that he will be able to prove his innocence."

"What were you saying?" Frank asked, turning from his lawyers who were bundling up a number of legal papers at the end of Tuesday afternoon's session of court.

His mother leaned over, whispered in his ear, and kissed him.

Throughout the trial Frank's mother and his wife have sat, one on each side of him. His wife usually has her arm resting on the back of his chair, and occasionally leans over to speak to him.

"I have felt the heat," she said Tuesday afternoon. "No. Of course I'm not doubtful. How could there be but one outcome of this trial? My husband is innocent. He will be acquitted."

PAGE 7, COLUMN 1

CLAIMS MINCEY, WHEN NEEDED, WILL TESTIFY

Attorney for Defense Says the State Won't Hurt His Character

"Mincey will be Johnny-on-the-spot when the defense needs him to testify."

Those were the words of Joseph Leavitt, one of the lawyers for the defense in speaking Tuesday afternoon of the affidavit sworn to some time ago by W. H. Mincey, by which the defense hopes to prove that Jim Conley confessed to Mincey that he killed a girl on the day Mary Phagan was murdered.

Attorney Leavitt would not say where Mincey was staying, but declared that he was in town, that he had been with him Tuesday afternoon, and that he would stick to his affidavit when called upon to testify.

It is known that Mincey stayed Monday night at the Williams house No. 2, where he registered as coming from Rising Fawn, Ga. Attorney Leavitt says that Mincey has been teaching school there since he left Atlanta.

"It is rumored," said Attorney Leavitt, "that the state will try to break down Mincey's character. I don't care how many affidavits they get against him; I can bring forward hundreds of prominent Atlanta people, teachers, preachers, and merchants, who will swear that Mincey is an honest man. And I'll subpoena 'em, too."

PAGE 7, COLUMN 2

SHE WAS ON STAND WEDNESDAY

MISS GRACE HIX.

PAGE 7, COLUMN 2

Uncle of Frank, Near Death in Far-Off Hospital, Is Ignorant Of Charges Against His Nephew Moses Frank Has Been Given No Inkling of Circumstances That Now Are About Frank Family He Is Seriously Ill in German Hospital

Lying at the point of death in a hospital in far-off Germany is the uncle of Leo M. Frank, unknowing that for the last three months his favorite nephew has been imprisoned on the charge of murder and that today he is on trial for his life.

This is what an attorney for the defense says. He declares that uncle who regarded Leo Frank almost as his own son, has been too ill for many months to be given an inkling of the new circumstances about the Frank family and that he still believes his nephew is as he left him.

For a long time Moses Frank has been in bad health. In search of relief he went abroad, hoping that the treatment of European specialists would cure him. But Moses Frank grew worse instead of better, and on the day Mary Phagan was murdered he still was in Europe, while grave fears were entertained for his recovery.

They have been afraid to tell him about his nephew, apprehensive that the shock would cause the spark of life, already so feebly burning, to flicker out.

PAGE 8, COLUMN 4

Fans and Ozonaters Keep the Air Cool At Trial of Frank

Whoever said that the court room at the Frank trial was the coolest place in town was not far wrong, although at that it is no ice box.

While at 3 o'clock Tuesday afternoon people on the streets were sweltering in a heat of 92 degrees in the shade, in the court room the temperature was not over 90 degrees.

There is a small thermometer on the wall just above Judge Roan's head, and not yet has the mercury in its little glass tube climbed over 90. Tuesday was the hottest day of the trial, and at 3 o'clock Tuesday, the hottest part of the day, the court room thermometer registered 90.

The equable temperature of the court room is due largely to the conveniences which have been installed. It was exactly a year ago Wednesday that on the fourth floor of the Thrower building spectators at the Grace trial were contending with a temperature in the court room of nearly 95 degrees, with no electric fans to relieve the intense heat.

The installation of the electric fans at the Frank trial and the placing of ozonaters at several points in the room has kept the air pure and fairly cool.