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4 THE WASHINGTON TIMES, SUNDAY, FEBRUARY 21, 1915. SIXTH INSTALLMENT OF COMPLETE LEO. M. FRANK TESTIMONY Testimony of MinoIa'McKnight, Cook in Frank Household, Indicates Accused Man Is Victim of Amazing "Frame-Up." FORCED TO SWEAR HIS LIFE AWAY As a negro furnished the testimony upon which the State of .Georgia hoped to hang Leo M. Frank for the murder of Mary Pbagan in the National Pencil Factory in Atlanta, Ga., so a negro woman gave the defense its strongest card in its contention that the whole case against Frank was a tissue of lies and perjuries and a "frame-up" from start to finish. The testimony of this negress, Minola McKnight, a cook in the home of Frank and his wife, who lived with Mrs. Frank's parents, is presented in to-da. s installment of the Phagan murder trial evidence. If it is worth' of the slightest credence and it is offered, as has been all the other testimony in the famous trial, for the review and unbiased judgment of the general public it makes Frank the victim of a determination on the part of the police and the Solicitor General of Fulton county, to send him to the gallows regardless of his innocence or guilt Minola, who was a type of the ignorant servants in Southern households, swore that she was frightened into signing an utterly false affidavit against Frank by the threats of the detectives to keep her in jail until she did. No amount of grilling by the solicitor could budge her in the le: She didn't even know all that was in the statement, she said. ' purported to relate conversations in the Frank home that were most damaging to the defendant, but Minola told the court that she would have signed anything to get out of that cell at Police Headquarters. Surpassing in dramatic interest even the startling accusations against Dorsey and the police by the McKnight woman was the denunciation of the solicitor by Mrs. Rae Frank of Brooklyn, mother of the prisoner, who threw the court into turmoil toward the end of the trial by interrupting Dorsey in the midst of his cross examination and exclaiming that he was well aware of the falsity of his insinuations of immorality against her son. The elder Mrs. Frank had sat in silence throughout the greater part of the fearful ordeal. Her only sign when the negro Conley was telling his vile story was the lowering of her head. Time after time Dorsey came back to the subject of her son's alleged immoral practices. Toward the last it became apparent that it was becom ing more than the loyal mother spirit could endure. As Dorsey began questioning a witness concerning incidents at the factory of which, if they actually had happened the witness could know noth ing, Mrs. Frank's indignation broke its bounds and she screamed out her wrath at the solicitor regardless of the dignity of the court and the efforts of Frank's counsel to calm her. The cross-examination leading up to her outbreak is included 'in to-day's installment so far as it properly may be printed. Frank's lawyers, nearing the close of their case, are marshalling witnesses by the score to testify to the good reputation and character of the defendant and to discredit the witnesses for the State. Girls at the factory swore that they never had known or beard of any wrong conduct on the part of Frank. Frank's college mates ,ind his instructors at Cornell went to Atlanta to testify to his clean ,.xord in school. Neighbors in Brooklyn said his life had been L-xemplary so far as they had known. One factory girl, becoming . somewhat hysterical, professed her willingness -to die in place of Frank, whom she "knew" to be innocent. All of the testimony presented by the defense was preliminary : ) a remarkable statement by the prisoner himself which will be Mblhe(yTLJL succeeding installment in this paper. i ne defense achieved its most pronounced success in demon rWiing Jim Conley a liar of exceptional magnitude in the testi mony of Harry Scott, Pinkerton detective, reproduced in last week's installment. The detective, under the close questioning of Luther Rosser, admitted that the negro on the stand had changed in a score of important places the story of what transpired on the day of the tragedy as he had previously related it to the police. Other witnesses were Dr. L. W. Childs, a medical expert, who lidiculed the time estimates made by Dr. H. F. Harris, a State expert; Daisy Hopkins, the woman in the case, who made complete denial that she had attended the alleged gay parties in Frank's office, and W. M. Matthews, a motorman, who swore that Mary Phagan rode to town on his car. Matthews said that Mary did not leave the car at Forsyth and Marietta streets, as one of the State's witnesses, young George Kpps, had sworn. He also attacked Epps's story by testifying that he did not see the boy sit with Mary and, in fact, did not see him on the car. He said that he saw another girl in the seat with Mary whom lie did not know, and that the two got off the car together at Broad and Hunter streets. Epps early in the trial testified that he sat with Mary on her ride to town the day of the murder and got off the car with her at Forsyth and Marietta streets. As to-day's installment opens Solicitor Dorsey is conducting a vigorous cross-examination of the witness. He had just asked Matthews why he is willing to tell the jury that Mary came around to Hunter street and did not get off back at Marietta and Forsyth streets. To this Matthews replied: "Well, because it's the truth; that's the reason I'm willing to tell it." To-day's installment con tinues from this point: . Now. out of the hundreds ( .e-oplc that ride on your car day aftor day, and especially Saturday and Sun day, will vou give this jury one rea son why you are able positively to swear that Mary didn't get oft at Ei oad and Marietta streets whit iis that? A I can give you one sood ropioii. y Well, let us have It. A. Well. iv ien I sas silting down there In tho ar there v as a street car conductor & ".tins down behind me an ex-coi-Uuctor--and this ex-conductor had n little badge on his coat right there i ndlcating), and took It and looked at It and It had a little girl's pic ture, and I reached over to where Mary was and I says: "Little girl, ierc is your picture," and she says: No, it In not." Q You said- "Little girl"' A. That's what I called her and she says: So, It is not." Cj Weren't you talking to the other -irt with her? A No, sir, I never s ild a word to her C Who was the other girl? A 1 n t know, sir, who she was. Q "Vou neer have seen that other ai 1 since? A. Not since then Q But you have looked tor her and tried to find hei ? A. No, elr, I was-n't looking for her. Q. Don't you know that those other men on that car and everybody else have been looking for the girl that wus on the car that day with Mary? . If I had seen her-lf I had seen t girl that looked like that. I would have asked her If she was the one, sure The Identity of the girl who rodo . with Mary on tho day of the mur derIf Motorman Matthew wub correct In his statement that a girl did ride with Mury never was learned. . T Hoflls, con ductor of tho car on which Mat thews was motorman, wat ouorn next for the defense and testified that he knew Marv Phagan by sight, that she had been on the car frequently on her way to work, that he saw her get on tin car the Saturday of tho minder. v thst Kpps did not sit with hei, i ns Kpps earlier in the trial testi fied, nnd that he did not ircall I r.pps getting on the cai at all lie ! left the car tit For th nnd M.ir' ctta streets ho uld. and t.w j neither Maij Pliugivi noi th, , Epps boy get off there, although 1 Epps said that h and Marj- left I the car at this point and that Mary walked down Forsyth to- ' ward the pencil factory. Mary .........a .. u ...... ttiit- .1 t. aittjtru uu uiu i-m, riuillB inuusm. On cross-examination he denied his car over came Into town two or three minutes ahead of time. The rules were strict against this practice, he said. He admitted later there might be an exception to this on the last run at night, hut never In the middle of the day, at the time the Phagan girl was aboard the car. Ira Kauffman, a civil engineer, next testified to making a Plat of the Frank rcsldenoe, and gave It. as his opinion, from his inspec tion of the house and from experi ments, that Albert MoKntght, a negro called by the State, would have found It Impossible, sitting In the kitchen, to have looked Into the mirror In the dining room and seen Frank go to the side board. McKnight had testified that he was In the kitchen of the Frank home, and, throuith a mti ror, saw Frank enter the dining room at about 1 .T o'clock thr day of the crime: saw him go to the sideboard and saw him leave with in Ave or ten minutes without eating any luncheon. Mr. Kauff man sa'd It was Impossible to see any nearer than threo or four feet to the sideboard. The witness also made drawings of the pencil factory, and found that when the safe door In the outer office wan open It virtually shut off the vlfw of the Inner of fice, where Frank staved, support ing the contention of the defence that Frank might have bren in his office when Mnnteen Stover said sh d'd not And him , .T. Q. Adams, a photographer, k was called, and submitted photo graphs at the house and pencil factory for the purpoFp of dem- ' rmstrating the sajvip phynlral cir cumstances. Testifies He Saw Frank in Street Car. Direct examination by Mr. Arnold. Q. What Is your name? A. H. J. Hlnchey. Q. Do you know Leo M. Frank? A. 1 do ; yes, sir. Q. How long have you known him? A. Between four and five years. j Q. What Is your business? A. I am a mechanical engineer for tho South At- i tantlc Blowplpo Company. I Q. Do you recollect last Memorial 1 Day, April 28 (Confederate Memorial Day)? A. Yes, sir. Q. Did you see Mr Frank that da ' A. Yes, elr. Q. Where did you see him? A I saw him Just about opposite the main en trance of the Capitol, on Washington street. Q Were you or not in a car? A. I was in an automobile. Q. Where was Mr. Frank? A. He was In a street car. Q. In a Washington street car? A Yes. sir I couldn't say positively that It was a Washington street car. Q. It came up from down Washington street, coming Into the city? A. Yes, slr. Q. You recall that you saw him? A Yes, air. Q. What time was It? A. Between 2 and 2.16 o'clock. I could not get through the crowds In the centre of the town and I drove out to West Mitchell, turned down West Mitchell to the Capi tol, and then I turned Into Washington Htreot and drove up in front of the Capjtol. I turned quick there, and came very near having a collision, and as I drove around In front of tho Capitol this car came up. I stood there with my auto a few minutes gazing around at the crowd, and I tried to work up a little further As I did so I looked at this car passing me. and. as I looked up, I saiw Frank sitting in tho front end of the car. Q. How do you remember seeing him? A. The following morning, when I picked up the paper and read about the murder at the pencil factory T naturally thought about Mr. Frank, because I knew him. Swears He Saw Frank Only Once. Cross-examination by Mr. iloopei. Q. How many times did you see Mr. Frank on the street car? A. I saw him only one time. That was Just for the moment, because I wae too much occu pied In trying to get out of the way of the oars and other vehicles. Q. The crowd was very thick there? A. Yes. sir. Q. He was on the Instde of the street car and you were manipulating your automobile and hud all you could do to keep from running Into the car? A. I claim to be an expert automobile driver. Q. There was nothing to make you pay attention to him? A. (Nothing Q. I mean several days afterward. A. I had had business dealings with hlni some time previous to this, and I had figured op dome special work which came Into my mind the moment I saw him. I was Intending to call at the. factory to see something further In re gard to this work, and It came to my No Blood Where Conley Said Body Lay, Says Darley Denies Other Testimony of Negro. Direct examination by Mr. Arnold. A w , . . . ,, . , j, Q. Mr. Darley, I believe you stated when you were on tho stand betore that you were general manager or this factory? A. I have the niannge- ment of tho factory proper: yes. sir. Q. Suppose the safe door Is open in the outer office on the second floor. what view hate you into the inner office .Mr. 1-raiiKs omce rrom me outside.' A. You have practically none. You might stand on our tlp toos and look over the door of the .safe A mun of my height could Just tiptoe and look oer it. y Have you tiver seen this little Stover child. A Yes, s,lr Q Could she see over it? A I don't thlnk the could. Q Could she sen over It by standing em her tiptoes? A 1 think not Ah tho reader readily seas, the endeavor of tho defense here Is to establish the probability thut Frank actually was at his desk in the Inner room when Mon teen Stover eanin to the outer office-, but was obscured from the little Klrl'b view by tho safe ' door, which hw ting In front of the dnorwii between the two nttlci :i Tlu- prosecution con tended Hint tln reason t hr. Sfn mi Kill did nut see It i in was In niiHi -In tutored tin facl.ti v mst .if let Fiank hnd left his office to lure Mai I'hasan in the metal room. .. t"tYS a-"p: "t $ i -'j-V .. ' . . ,? S Ji&AtK "i -? . - i . $ y V """ & i -r . Mrs. Luclle Frank, Who Has mind tho Instant I saw him that I hnd neglected to do so. Q. Right thero In that jam it came to you? A. The street cat was the only thing between nin and Mr. Frank Q. You didn't sep ' anybody else" A. Yes, sir, 1 eaw lots of people. Q. Who else? A I didn't ee any- bodv else that I reconi7ed Q. Nobody attracted your attention! except him? A. Not especially. Q. How many times have you been to see Mr. Frank in Jail? A Never been there but one time. Q. How many times In Hie city prison? A. None at all. I have -en him but once since this matter came up. Q. You discussed this matter with him at the time' A. No, dr, not In de tail. I expressed my sympathy and told him of the fact I had seen him Q. You did discuss what your testi mony would be? A. I did not dlscues what my testimony would be. I simpl told him that on April "tl I had seen him In a street car In front of the Cap itol building. Q. Did he see you at the same time? A. No, fclr. I aeked him If he saw me and he said he did not Mr. Hlnchey's testimony flatly contradicted that or the negro, Albert McKnight, who said a short time earlier in the trial that ha saw Frank leave his home shortly after 1.30 tho dav of the murder and boatd a Georgia avenue car at Pulllam street and Georgia ave nue for town. To board the Wash ' ington avenue car, Frank had to go In the opposite direction from I his home. The chief value of the I Hlnchey testimony was to aid in I generally discrediting McKnight, whose statement that Frank that , afternoon came home and left within five or ten minutes, with out eating anything, was regarded t by the prosecution as the rovela 1 tlon of another suspicious clrcum $ stance agalnt the defendant. N. J V. Darley. general manager of t the factory, was recalled to tes- tlfy for the defense at tho con i elusion of Mr. Hlnchey's testl- monjr. Q, Did you see this place where this negro Conley said he went DacK ana found tne bodv there on tne hrcond floor? v j wng tt)la Uy Bumebody ej(0 Q We know whor that place ,s? A YeH g,r. wUor t ws told by some of them. X Q Uo klow lhal ,nacillm. what ,,d .. ,a that mRliine that nr,rti i..imwi h fnunil thn ha! r on? A. They call It a lathe. Q. Did you ever see an blood under that machine? A. No, si) Q. Hae you looked ovar thnt floor slin-e this murder.' A I suppose fifty or a hundred times with ailous pro- plu that innie In there. Q Did ou ee-r see an blood at the place where that negro claims the little gill's bod was llng" A No,, sir o many Q You have seen that plat times" A Oh, Wts, sir Q. How many times did you look over It? A. I must hB.e looked over It fifty or a hundred times, then I passeel there otherwise, too Factory Entrance 'Darker Than Usual. Q I forgot to ask .vou, -vhat Kind oi a tl.i w t . ,ii 'i 'JH" aini'is i n t ie morning liiiik it i. if 1.1,1' , 1 1 I, 10 o olui K -- ha, m It wai iml 1 l .m o' v hub una . uiaii.e .tiuiui i- steps and around the tltvator uu the v .. ... 1. ...... , . , .A- .- a-a . . - . , -v jr? ..-A-i. -j. t-mt,'.- -aiiBr' r jnmnK r ,a Loyal Wife of Thrice-Condemned Man . TM" 1 . , IsiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiHiiiiiiiiiiiiiiiiiiiiiiiiiii " ' & X x 'i ' ft LsssB'-V ' f-$fl't a ki ' KM K" ,f . i .te.yilk'.S' J ' T. J .' W. 1. 1 . -.:.: , J f ( . t A 7 V K.a' ..". S f "r -. j- rn. IIIB ST .r . r X W J. '.- - ',rt -- V .; J- . T - ir---tf-..w-r.--,.'.r 1 .. 1. .-: CT3Hm . Mr i MM ' 'Mt-- - j?rzr 4 ( Fought Tirelessly to Save Her Husband, fir.t floor dark or not that morning? A. Yes, sir, It was dark. Q. It was darker than usual, wasn't it? A. Yes. sir, it waB darker than usual because the front doors were I closed. Q Can you stand on the outside of the factory and look rhrough to the' eleaior" A No. sir Q Whv not" A. Well, It's too dark, .Mill can't sec through there. Q 1 menu no man on the street, facing toward the Inside of the first Iloor of the factory, could see through there to the elevator at all? A. No, sir (J. You couldn't sc unltSh jou came In the front door and got close enough to see, and be In the darkness some? j A. No, sir, you couldn't This condition would Have aided Conley, the defense witihkd to hhow, in attacking Mury Phagan unobserved when Mic came down the stairs after ' getting her money, and In '. throwing her down the elevator shaft or the scuttle hole. Q. Now, Mr. Darley, what time did you leave the facrbry Saturday morn ing, April Jd? A. About 9.40. sir. Q If Jim Conley says you left the fuctorv after 11 o'clock. Is that true or is it not true? A. It is not true. Q If he says you came down a minute or two before Hollov ay. be tween 10 30 and 11, or about that time, Is it true or not? A. No, sir. Q. How sure do you feel about that lime. Mr. .Parley? A. Well, I will tell ou where I went and you can see Q. Whom did, you leave with? A. I left with Mr. Leo Frank. Q. Whuro were you and Mr. Frank going? A. Mr. Frank said he was go ing to Moutag Bros., and I went to tho Montgomery moving picture show Stopped with Frank To Get a Soda. Q. Did you and Mr. FYank stop any wheregut a drink of soda! A. We stopped at Crulkshank's, at Hunter and Forsyth streets, and got a drink of soda. Q. On tho way down did you see this negro.' A. No. sir. Q. Did you sen Mr. Frank talk to him or speak to him or come in con tact with him in any way? A. No, sir Q. Was that the last you wete al the factory on that day? A. Yes, sir Q. Now, you say you have been at the factory how long? A. I have been there two years since well, two ear April 7, this last April. Q. Now. I direct your attention to a period beginning with June of last ear and running on up through April, and. first, I'm going to ask ou If you Knew a girl by the name of Daisy Hop Kins? A. No, sir. I didn't know her. Q Did ou know of h girl bv that name wot King their? A. When I was shown hei thU illuming I irmembered her face, but I didn't remember hei name Q, But vou knew slio had been one ol the giilh w oi king there" A. Yes, .lr Q Had ou eer seen this man Dal- ton thats liuen tu court here" A. No t sr not to ui 'Knowledge, I never saw ' liim unti' th s morning q Did you evr-r see him at the fac- I torv that ou lecollecf A No. sr q Herburt Schlft generally helped i Fran', with this financial sheet on Hat- Q P'd 'ou Permit any of these negro urclavi. (1.a-t nc a. When he was,f',,',flM" l0 st8' t('r,, after u'! A- there. e. elr The d'dn't 1 left there at 1L' o'clock. Q i:xcfiit when Schlff was on his a cation, was .ie or not there ' A I lemem- hei vcrv few ft.iturdas that Mr Schlff was not In the office with Mr. Frank. I have gone, here a few times and ho wouldn't he there 0. Do vou remember whether or not Uwy were his vucntlon Satuidavs? A Well, fiat's not i loin 0 Was thai within the whole to veus mi are miking about .' A Yes, s i O Sow n iw ltii rilil l!u lt watth . .1 ......,.. . .. .. trnii n itp hi "hiiiiu.k , wen, ' l wajnt alwa there to ses ho long and Visits Him Daily In His Cell. he stayed there, but he was Instructed to stay until the other watchman came on. Q. The watchman wae under your orders and Mr. Frank's orders? A. Yea, sir. Q He was as much under you as he was under Mr. Frank. A. Yes, sir, Q. And so was this negro, Conley, wasn't he? A Yes, sir. Q I will ask you if you didn't come into more immediate contact with the help than Mr. Frank did? A Ninety per cent, more, I suppose, sir. Witness Tells of Negro Watchman. Q It was testified by Mr. Dalton that a darkey, the watchman, was there in September ot'last year: do you remem ber who the night watchman was then 7 A Yes. sir , he was either Mr. Kendrlck or his father. They are white men. Q. Was there a negro night watchman theie in the fall of lost year? A. No, sir. Q Or in the summer of last year? A, No. sir. Q. When did you first hire a negro night watchman? A. About three weeks before Q Before the little girl was killed. A. Yes, sir. Q And up to that time if any one says they came in contact with a colored night watchman In the building, was that or not an error? A. There was none employed by me, no, sir. Q. Was there or not a colored night watchman there up to April. 1H13? A. Not In the two years I have been there. Q. Was there anybody else that stayed there with Mr. Holloway. the day watchman, on Saturdays, after hours arter the tactory closed? A. Usually the office boy stayed there, and my recollection Is, sometimes the ste nographer. Then there was WalteH Pr'de, u negro. He gets a stipulated amount each week and stays there every Saturday afternoon, supposed to. Q. Did you see this negro. Conley. thre Monday arter the crime? A. Yes. sir. Q. What was his appearance? A. Well, he looked to me like bo w-as ex cited and when I spoke to him, he didn't look up like he generally does. Q. Well, did he or not by hi actions attract your attention? A. I went around that morning to look at every body In the factory. I don't think I missed a man. seeing If I could pick out a man that looked suspicious. Q. Yes? A. And Jim Conley was the man that I thought so much of it un Ml I went to mv watehmm and told him. I says: "Keep an eye on that darkey I believe he's connected with this crime in some way." Q. Did you eer give this nero. Jim Conley. in common with other sweep ers, any orders as, to what should be done on Saturday In reference to when they should finish sweeping" A Well, some time the latter part of last year the got to loafing on the Job I would leave them to do two or thiee hours' woik and they would Kill all the after noon 1 don't remember the time, but I stopped them from cleaning after 1U o'clock on i'utiirdav? Q. What d'rectlons did ou give j them' A That thev must clean up by 12 o'clock, nnd. If thev hadn't finished u" 12, lo knock off iuivva - 'ana " tl,r' wer" l,ler'" ' amn Know . no s r- Asks if Witness Gave to Frank Fund. I Cios iweunimidoii Uy Solicitor Dorsey, Q. Have von made anv contribution to tne fund foi the d fcu ol Frank.' A. Ilne 1" i i.' Yes. V N'o, bit I Q Do vou s-Miw -,u- iu'i nciiua atcel With t'le ge !' ' eputatlo 1 Hid dial- . rt . , . W . . a-ter oi w.iisy nupiun ni people, nowever ina-i " u " '"-'J .i"mi.j. , say about iiw cuiaralU '' A. a aaaVreai tiiU- standpoint, and 1 thick I) ay that, because I didn't know of her, nor never knew her until yesterday. Q. Never heard of her until yester day? A. Well, 1 was reminded yester day not the namo; 1 didn't remember the name, but I was reminded yester day that' she worked at the factory and I was shown her this morning, and 1 remembeied her face. Q. No you are not acquainted wltri It at all her general character? A. No, sir. Q. Now, so far as you are concerned, you don't know whether Frank excused the watchman on Saturday afternoons and put Conley on to watch for him? A. I wasn't there: 1 couldn't tell wlmt happened. Q. Didn't know about Conley being there Saturday afternoon and watching, did you? A. No, sir. not by my Instruc ' tlons. he wasn't. Q. Not bv vour Instructions but vou don't pretend to say those th'ngs were not done, do vou? A. 1 waen't there I and I cannot say about that. ' Q. Now. around uhere Conley says ne found the body on the second Moor, back ' in there ten't there a great deal of, water? It's quite damp, Isn't it? A. I Weil v. ir . A vMj ! ' . W J.iIIU-I BflllUJ Dili 1 1 Uliu WCl tain all that? A. No. sir, it Isn't sandy: It's I inostlv cement. It's hard i I Further examination by Mr. Arnold. Q. Now, Mr. Dorsey asked you J Frank's Mother Creates Dramatic Scene in Court by Denouncing Solicitor for His Questions. John Ashley Jones, i .sldrnt agent for the New York Ufo In surance Company, vim next called by th'i defence .is ,i char acter witness. His company- had Insured Frank ;ind m.ule an In vestigation of his lecord. liirert rinntination by Mr Arnold. Q. Mr. Jones, do you know the de fendant here? A. I do. Q. How long have you known him, Mr. Jones? A. About a year and eglu months. Q. Do you know his general charac ter? A. I do. Q. Is It good or bad? A. It Is good. Crost'vxtnnination by Solicitor Dnriey. Q. Mr. Jonee, you ate In the Insur ance business? A. Yes, sir, I am resi dent agent for the New York Life In- rur.iiice Company Q. Of course, 'vou don't come in con- tact with the people around the pencil factory at all" A No Q. You never heard any one down theie saying an thing about Mi. Frank's prartlcs and relations with the K rls? A. Not In the pencil factory. Q Not at all. You never did talk wiy any of those girls down there, did you? A. No, I don t happen to know anv of them. CJ. Or any of the men? A. No. Q. You don't know what kind of prac t'ces Frank may have carried on down there, do you? A. No. Q. When and where did you come in contact with him? A, In Issuing him a policy. I wrote his application and after a thorough examination by our physician here and a very satisfactory Inspection report covering his ability to pay and his moral reputation, the policy was Issued straight. Q. You don't know you never heard anybody say that Mr. Frank would take girls in his lap down there? A. No. Defense Protests Line of Inquiry. Mr. Arnold 1 think this Is an out rageous course of Investigation. In the first place, thin Investigation Is confined to facts up to April 26 We are not responsible for the vile lies and slanders that have been circulated by crack brained extremists In this community since that date. We want to tiy this man's character as It was known at that date. That is the test of law Now, how can It throw any light on the question for my friend Dorsey, who knows the witness will answer he has heard of no such thing, to inject such matter in here? The Court On cross-examination, he can ask him If he has heard of certain things, not since that time, but before that. Mr. Arnold Up to April C? The Court Yes, sir. Mr. Dorsey I am not four-flushing or any such thing. I am going to bring the witnesses here Mr. Arnold If he makes another statement like that I am going to move for a mistrial : they are all slanders and lies here. Mr. Dorsey (resuming cross-examina tion) You never heard of Mr. Frank going out there to Druid Hills and be- Ins- caurht. did vou. before Anril 5i5" A. No, but our reporter. It was his busi ... . .. .. . ness to find out. and if he had found It out he certainly would not have issued such a policy Q. Now, about twelve months ago, you never heard of Mr. Frank's kissing girls and ? Prisoner's Mother Screams at Dorsey. "No, nor you, either," Mrs. Rae Frank, mother of the prisoner, screamed at the solicitor as she leaped from her chair to con front him Her next words In denunciation of Dorsey wero lost In the turmoil that broke out In the court room. She was led in a hysterical condition from her ohalr by the side of her son and did not return to court the remainder of the afternoon The witness told the solicitor he never had heard of such a thing. Q. You never talked to Tom Black stock, then? A I haven't the pleasure of Mr. BlacKstock's acquaintance. Q Did ou ever know Mrs. L. D. Course- A. I can't say that I ever heard of her Q. Did you cver hear about him putting his arm around Miss Myrtlce Cato In his private office? A. No, !"r . , . Q, Putting His a. ins aruuiiu ner ana tiylng to shut the door on her? A. No, sir. Q. Did you ever near or uic rime one little girl threw a monkey wrenn Al nlm and left -"",' his office? A. Q Did 0U eve, hear thorn say that ! . ,c, "pcul attention to the , voune girls and winked and smiled h m" dld vou ever hear that? A. NV. 1 never did Q You never heard any of those factory peoplo talk about him at all? A. No. sir. The following argument took place the next morning In the absence of the Jury. Mr. Dorse If Your Ilono' please. before Tie jury comes In, I w int to ..tale that I ipptfclate tlio rceii,Bs uf the iiiouier and wife of this tie- lenlatu 'Inc e is a sood dea' of evi leu . . I & II W .Vi. .1.... . whoUier there was any water at thU place where this negro Conley claims he saw this girl's body: i there any water there at asjf A. I never noticed any on this side of the partition, but on that whole floor, from the little rise In the floor back thrnneh th motnl tit. ' harlm&n(. wHv tharn'a urnt.. Ik... Q. But was there any water rlgnt where It was said the girl's body was? A. I didn't see any there. Q. Did you sec any blood there, either? A. No, sir. Q. And Monday did you look over that place, and on -Tuesday? A. I sup pose wc looked every day had somc- bdy to do It. Q- Had there been any water there.' A- ' "ever noticed any. - Never have washed that floor since ,J0U haVe bcn there? A. Not that a know of. V- ' "re any water under this ma- I chine where Barrett- clulms he dlicov- ' cu lne na,r- a- "ever noncea any ArPit ., . . , . . s- HaB that cver bcen cleaned? A. ' , ' .... i. , , .. . Q: Vn ,0,U r ftny bl0U tl,C'e' , ?.,,,, ii, i j .. . Q iou have looked under It, haven t ou? Yes. sir. r. ilnB-- fcBi. ., . . "rU?ey Jf'd ,h,u 'P"'"1 coras J" 5?", .""J ? bdy, W"' There were also cords down in the basement, too? A Cords all over the factory. am entitled to carry on this case, and J am not going to put In anything that Your Honor says is not legal evidence. Now, other ladlis have been .excluded, and If we are to have outbreaks like we had yeaterdaj, I submit and there probaby will be-that Your Honor thould exclude thes ladles (Frank's wife and his mother). The Court: What do you say to tht, gentlemen? Issue "Beclouded," Declares Arnold. Mr. Arnold I must say that my friend's cross-examination of this wit ness yesterday without criticising him was wholly unwarranted and It was worse on his part, much worse, than mo outbreak of this lady. Now. mv friend had no reason to expect that thl n8" Jones knew anything about these things at all. in fact. I mnv rav that he knew hi ,"'1 "ft and li wns merely undertak- lng to get before the Jury In an Illegal wjv al e. d spc iflc acts which he knew ; he could not get before the Jurv In a 'ega! way. That Is all he was trvlng to do. Your Honor would have ruled out ho testimony of each one of theie wltn"sses if thev h id undertaken to '"'"i" to that, as being inadmissible. If hr had put up thos various people h could not have prove! thece alleged thlngi he claims thy would swear to What he was trving to do was to ap peal to the Jurv by -raking suggestions of specific acts that he could not prove by the witnesses: that Is palpable. Does Your Honor call that good practice? Does Your Honor call that high-class practice? Does Your Honor call thnt the kind of practice that ought to exist when a man Is on trial for his life by th Stat of Georgia? Your Honor can se thst th 1p, in 'this case has become beclouded by a -..-..,. w,,,,i,s mm never nnouia nave been brought Into the case. Your Honor can see how difficult It Is, In the Ian guage of Mr. Whlgmore. to trv this man for the crime he Is Indicted for. Now, I submit that so far as any out break Is concerned, mv friend's con duct, knowing that these things are In-adm'-islblc. Is undertaking to poison the minds of the Jury bv suKeting thee things through a witness ho had no groundf. to believe had heard of them. It was almost enough to make any body have an outbreak. Counsel Plea Wins for Frank's Mother. Have we got to such a point in anv prosecution or persecution that a. man's wife and mother can't sit with him in court? Now, I promise Your Honor that there will be no more out breaks in court, so far as we can con. trol it. Mr. Frank's wife has sat here in silence and has not said a word She has stood all this, and proposes to continue to do so, and so does his mother. She did get excited and hys terlcal here yesterday, but I think my friend's conduct was a little more cui pable. and I say it in all kindness. A man is not Justified In doing anything . simply because he is for the nrnsnen Ha 1-.. . . . . . r. y, iuw nonor. Me nas tried to in ject that little poison in there, it looK. like, to Inflame the jury, to Inflame the crowd, questions to drive j ftur "miner 10 eusiraction. Judge'Roin ruled that fS -xlfe anu mother might remain unless there was another outbreak. Emil Selle nnri r. n- f narsntH nf tTra t.a ithi. .i r - -- . -vv .aim, icffll ned that Frank came home at about 1.20 o'clock the afternoon the girl was killed. This contra dicted the story of Conlev who had sworn that when he left the factory at 1.30 Frank was still there. Frank's parents-ln-law said they noticed nothing unusual about Frank either on the day of the crime or the day fohowins. Both said he sat down and ate i This contradicted the story of the t negro McKnjght, who said that Frank ate nothing, but hurried back to town. That night, they said, he was laughing over some thing he read In the newspaper, and showed no traces of anxiety or fear. Mrs. Sellg denied all tha damaging statements in Minola McKnlght's affidavit for the po lice Dr. William Owens recited the details of an Interesting experi ment he and others mado to de termine tho length of time It would require to enact that part of the murder tragedy Included In Conley's description of the dls. poeal of tho body. Proves Impossibility of Frank's Writing. . Exclusive of the time Conley t'stald he was hid In the wardrobe and the time It took him to write the four notes, it wou'.d have taken 1S3 minutes. In the opla- ion of Dr. Owens. The eight min utes the negro said he spent In the wardrobe brought the time to 26i minutes and' the ten minute In writing the four notes to .'1H. i If the estimate was correct "It would have been Impossible for Fiank to have done all thl, be g.nniuK at four minutes before l ti eio K .- the neg.o said, and to have been home at 1 20, or even at 1 3" when the States witness. Al- (Continued on reUoorUg PJ V