Wednesday, 30th July 1913 Three Witnesses Describe Finding Mary Phagan’s Body

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NEWT LEE STICKS TO ORIGINAL STORY DESPITE ATTEMPTS TO CONFUSE NEGRO

Striking Feature of Day's Proceedings Was the Evident Effort on Part of Luther Rosser to Connect Watchman With Crime, or Show He Knew More Than He Has Told.

DORSEY SAYS DEFENSE IS TRYING TO IMPEACH TESTIMONY OF STARNES

Mr. Rosser Declared, However, That All He Was Trying to Do Was to Test the Memory of Detective Who Was Among First to Investigate the Murder of Mary Phagan in Factory.

During the second day's proceedings of the Leo M. Frank trial the sensation for which the morbidly curious have been craning their necks failed to materialize.

Nothing that has not been printed in the papers was brought out.

The striking feature of the day's proceedings was the evident effort on the part of Luther Rosser to connect Newt Lee with the commission of the crime, or to show that he knew more about the death of Mary Phagan than he has thus far told. As on the previous day, Lee stuck to his original story, and through hours of what would have been acute torture to a man of refined sensibilities he was stolid in reiterating the details of how he had found the body, and of Leo M. Frank's words and actions on Memorial day, when the murder of Mary Phagan was committed.

Efforts Fail To Confuse Negro.

Seasoned courthouse officials and old reporters marveled at the way the negro held out against the crossfire of questions, all aimed to confuse him.

When at a loss to understand a question, he would have it repeated to him sometimes half a dozen times, and then he would illustrate his actions and the actions of Frank by graphic pantomime.

A drawing depicting a cross section of the National Pencil factory played an important part in the day's proceedings. Lee was made to point out on this drawing just what he had done and where he had been in the building the night of the murder. The drawing was difficult for an illiterate person to decipher, but Lee was not confused to any extent, and then only for the moment.

Trial Progresses Slowly.

Only three witnesses were placed on the stand Tuesday Newt Lee, who was testifying when adjournment came Monday; Sergeant Dobbs, of the police force, who went to the pencil factory the morning the body

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was discovered, and John Starnes, of the Atlanta detective department, who called up Leo Frank, April 26, and informed him of the murder. When adjournment was had Starnes was still on the stand.

A sharp clash took place between Solicitor General Dorsey and Luther Rosser during the time Starnes was testifying. Mr. Rosser sought to make Starnes recall his exact words while testifying before the coroner's inquest. Mr. Dorsey claimed that this was an effort to impeach the witness. Mr. Rosser replied that it was only an effort to test the memory of the witness.

The crowd Tuesday was considerably larger than that of Monday, and during the afternoon session scores were standing.

Frank maintained the outward calm of the day previous. At one time during Newt Lee's testimony he laughed out loud at some sally of Luther Rosser's.

Lee Sticks To Story.

During the four hours and forty minutes that Newt Lee, negro nightwatchman at the National Pencil factory, was on the stand in the trial of Leo M. Frank for the murder, on April 26, of little Mary Phagan, the negro, although apparently so ignorant and dull that his interrogators had to put their questions in simplest form, and frequently repeat them, stuck literally, word for word, to his statements before the coroner's jury and to officials.

In one or two cases the darkey declared that certain portions of the stenographic report of the coroner's hearing was incorrect, and, despite the gruelling and tantalizing crossfire of Luther Rosser, he hung out for what he declared to be the correct version of his statement.

That there must have been some discrepancies in the record was also brought out by Police Sergeant L. S. Dobbs, who went on the stand Tuesday to tell of answering the negro's call to the station house, also declared that his testimony before the coroner had been taken down incorrectly in part.

Childishly Particular.

In some instances the negro made corrections of which only the childish mind of an African would have thought. One of these occasions was when he positively swore time and again (and that was whenever he got a chance) that Leo Frank had never used the words, "Go out and have some fun, Newt."

"No, sir: Mr. Frank he said, 'Go out and have er good time, Newt,'" the darkey corrected.

Again, he swore that when Sergeant Dobbs was reading the murder notes to him and reached the word, "night", that he interrupted with "They're tryin' er lay hit on me," and not "That means me, boss," as reported.

In brief, the story which the darkey told, and hung on to like a loan shark to his victim, was that he reported for duty at the pencil factory on April 26 at 4 o'clock, an hour earlier than usual, but as he had been ordered, on account of the holiday, to do. He said Frank was there, and told him to go out and have "er good time," and come back later; and that he went, despite the fact that he wanted to lie down and sleep.

Frank Frightened by Gantt.

Lee said he came back about 5 o'clock and found Mr. Frank there, and soon aided him in the difficult task of refilling the time-clock with a tape. After that he declared he was near the front door, when Frank came out and almost ran into J. M. Gantt, and Frank jumped back and appeared frightened.

Lee said he thought little of the fear at that time, as the superintendent and Gantt had engaged in a row previous to Gantt's discharge, and he thought Frank was afraid Gantt had come there to whip him.

Lee then told of going with Gantt to get the latter's shoes, at Frank's orders, and of being left alone in the building. He said Frank had called him up at about 7 o'clock and asked if everything was all right, and that this procedure was unusual.

He declared that he had punched the clock regularly until he went to the basement about 3 o'clock, and saw the body, and, after finding it to be a real body, and not a dummy placed there to frighten him, how he went to the office and called police station, and then tried in vain to call Mr. Frank.

Tells How Body Was Found.

Sergeant L. S. Dobbs, who led the party of officers to the pencil factory on the Sunday morning that Newt Lee gave the alarm about the murder of Mary Phagan, was placed upon the stand following Lee. He told of his actions from the time that he started out on the call until he had locked Lee up and had conducted Frank to the basement.

The police officer declared that when he reached the place that Lee was not apparently laboring under excitement, but that he took him in charge at once and made him carry them to the body.

He said that he found the girl lying on her face with blood on the back of her head and with a cord tied so tightly around her neck as to cut into the flesh and that there was also a piece of underclothing tied loosely around the neck.

The finding of the murder notes, and reading of them to Lee, were next described and then the sergeant told of his finding the girl's missing shoe and hat and of finding an apparent trace where a body had been dragged from the elevator shaft to the spot where it was found.

The reading of the murder notes to the negro was next described in detail, as well as the later developments of the officers who examined the body. Sergeant Dobbs also identified the cord and underclothing found around the child's neck and told of the torn condition of her underclothes and of a black bruise on her left knee and also bruises on her face.

Detective Starnes On Stand.

Detective J. N. Starnes was the third witness to be placed upon the stand since the trial began. He was called upon Tuesday afternoon and made to tell of the various events from the time he accompanied Sergeant Dobbs to the factory until his testimony at the coroner's inquest.

Detective Starnes told of finding the body and to a great extent his testimony was merely a corroboration of what the police officer had told.

It was his testimony in regard to telephoning Superintendent Frank and his declaration that Frank was nervous when he arrived at the factory that brought down upon him the gunfire of the defense.

So fierce was the cross-fire here that Solicitor Dorsey accused the defense of trying to impeach him. This ruling has been made time and again before, though Attorney Rosser declared he had no intention of doing, however.

Starnes was made to go into detail about the finding of the body, the physical appearance of the basement and of the demeanor of Lee, as well as of the superintendent.

After Starnes was dismissed from the stand there came an argument over the admission of the chart of the pencil factory as evidence, ending with the judge deciding it could be admitted, if all lettering was removed, and court adjourned at 5:07 o'clock.

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The Defense Center of the Trial of Leo M. Frank

From a photograph and crayon sketch by Louis Gregg. Near the center is Leo Frank, the defendant, with glasses. At his back is his wife, and to his left, near the judge's stand, is his mother all three eagerly facing the jury. Luther Rosser, to the left, looks over the bended head of his associate attorney for the defense, Reuben Arnold, who is taking notes. The lifelikeness of the scene is caught in the attitude of the man with his hand to his ear in the foreground.

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NEWT LEE MAY GET HIS FREEDOM TODAY

Solicitor Dorsey Will Probably Take the Matter Up With Judge L. S. Roan.

Now that Newt Lee, who has been held since the morning of April 27, when he telephoned the police of the presence of Mary Phagan's dead body in the pencil factory basement, has finished his testimony, the question has arisen in the minds of many as to what will be done with him.

When an attempt was made recently to secure Lee's freedom upon a habeas corpus Solicitor Hugh Dorsey declared that he had no case against Lee and did not intend to ask his indictment, but that he regarded him as too valuable a witness to be turned loose.

It is expected that the solicitor will take up with Judge L. S. Roan today the question of giving Lee his freedom and that before the day is over the night watchman will see his first day of freedom since the morning when the murder was discovered.

What will become of Lee is not known. If the darkey had his choice he would probably be set down in a watermelon patch, where the melons grow eternal and where the little curlicues on the ends of the luscious fruit sprouted forth ample quids of "bacca."

It was for a melon that Newt pined while in jail, and it was for a "chaw of 'bacca" that he pleaded when Attorney Luther Rosser finished his gruelling cross-examination Tuesday.

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Lee, Dull and Ignorant, Calm Under Gruelling Cross Fire

Newt Lee, the negro night watchman of the pencil factory, who telephoned police headquarters of the finding of Mary Phagan's body at the pencil factory, was again placed upon the stand when court convened Tuesday for the second day's session.

Attorney Luther Z. Rosser renewed his cross-fire of questions by which he sought to confuse the negro and secure new admissions or change valuable points in his testimony and thus expose a vulnerable point for a concentrated attack upon his entire statement.

Mr. Rosser took up practically where he had left off the afternoon before.

"Newt, when you raised your lantern you walked forward a few feet. How far did you have to go before finding out what the object that attracted you was?" he began.

"I don't know how far it was."

"You said so to the coroner?"

"Naw, sir, Cunnel, I shore didn't."

"Well, say so now. Give your best estimate; was it two, four, six, eight or ten feet?"

"Can't tell 'zactly."

"How close to the body did you get?"

"I wuz pretty far away when I saw hit; I could jes barely make hit out."

"How far," said Rosser, "as far as from you to that gentleman over there?" pointing to Attorney E. A. Stephens.

"Hit mout er been," replied Lee.

"How long is a fence rail, Newt?"

"Doan know 'zactly."

"A fence rail is ten feet long."

"Well, hit must er been 'bout ten feet."

Why He Went to the Basement.

"What made you go in that direction?"

"Which direction?" asked the negro.

Then ensued a long explanation and argument in which the attorneys tried to get the negro's mind back to the factory basement so that he could tell clearly what and how he had done, but before it was over the learned white man was almost exasperated and the dull black was coolly fanning himself, worried because he could not grasp the idea, but not fretting about it.

"I had wanted to go that way to see if there wuz anything in that part er the basement," Lee finally answered when he understood what he was being asked about.

"Ever see anything there before that frightened you?"

"Nor, sir."

"Hadn't you been told to look into the dust bin and to watch out for fire there?"

"Yes, sir; Mr. Frank, he told me that."

"Why did you not go sooner instead of lingering a few minutes?"

"Ah went jes es soon es ah could."

"How far did you go?"

"Ah didn't have ter go no further than to that gemman there," said Lee, making a wave with his palmetto fan at Judge Roan, who sat about 4 feet to the right of the witness stand.

"Ah didn't have ter go no further then that ter see hit," re continued.

"To see the dust bin, didn't you have to go as far to your right as your left?"

"Nor, sir, tain't that away," said Lee.

More Explanations by Rosser.

Then succeeded five minutes of both wearisome and excruciating points until the attorney convinced the negro that when people said "to the right" they sometimes meant in a general direction that way and not exactly and geometrically to the right. Lee proved his literalness again and again in this argument.

"Well, the dust bin was on your right then; wasn't it?" the attorney began again.

"Nor, sir, not 'zactly to mer right; kinder twixt mer right and mer front," replied the darkey, and court bailiffs threatened to eject a few score whose sense of humor made them forget the dignity of the place.

Lee finally pointed out the general direction in which the dust bin lay from where he first paused and the cross-fire went on.

"Ah could see the dust bin from where Ah wuz; leastways, Ah could that part er hit where the dust come down," said Lee.

"Was there dust around it?"

"Nor, sir."

"In order to see the dust bin you had to walk as far as to where the judge is, didn't you?"

"Ah wuz er long ways from the ladder at first."

"How far?"

"Doan know 'zactly."

After using the position of a bailiff as an illustration Mr. Rosser made the witness admit that he had been about 10 feet from the ladder down which he had come and in a general direction toward where the body was later found.

"Did you go that far all the time?"

"Nor, sir; I went er leetle way only the yuther times."

After more illustrating with concrete objects the attorney got Lee to explain that "er leetle way" on tis examination meant about 25 feet.

"So the balance of the night you only went about 25 feet from the ladder but the time you found the body you went 100 feet," said Mr. Rosser.

Tells of Terror at Find.

"Yessir, an' ef I'd knowed that ar body of that lady wuz there I'd er goed some more hundred feet in the yuther way," said Lee and rolled his eyes as the thought of that spine-paralyzing hour came over him.

"Why didn't you get closer to the dust bin before you stopped and looked around?"

"Well, Mr. Frank, he said, 'Newt, don't go too close to that dust bin with yo' lantern,'" explained Lee.

"When I saw the body the closes' Ah got to hit wuz about that far," said Lee, waving his fan at the jury box.

"How far is that?" asked the attorney.

"Ah doan knew in feets," said Lee. "Ain't Ah showed th' distance?"

"Well, it's about six feet," Mr. Rosser unwillingly volunteered.

"Ah wuz holdin' th' lantern out soze Ah could see better," said Lee.

"You first saw only the feet, didn't you?"

"Yessir."

"On account of the projecting wall?"

"Yessir."

"How far away was it?"

"Doan know 'zactly," said Lee, replying to this question as to distance in the same indefinite way as ever before and after during his time on the stand. The attorney by concrete examples developed the fact that it must have been 10 feet or thereabouts.

Refuses to Be Exact.

Then ensued much talk as the lawyer tried to get the witness to tell the approximate distance from the closet to the body, but Lee never would tell "zactly" how far it was, and finally agreed that it might have been something like thirty feet.

"Ah stood there and looked at that body tell ah made hit out and then ah lit er rag," said Lee, shading his eyes with his hand in a typical darkey fashion.

"Did you know it was a white girl and how?"

"Ah seed her frizzy hair and some white spots on her."

"Later you went back with the police?"

"Nor sir, ah didn't go wif dem; dey chased me down dere, an' one er dem mens sez, 'She's ges er chile, an' she's been here two or three days,- an' '"

Lee was quickly halted as he had rambled off into what someone else had remarked about the body.

Then Lee was made to describe how the body lay when he first saw it, and after being repeatedly cross-examined, he said: "Cunnel, you see me er sittin' here; well jes ez shore es I'ze er sittin' here dat lady's body wuz lyin' dere like ah doan told yer."

Tells of Meeting Frank.

Then Attorney Rosser made Lee go over in detail about how he had come to the factory and been told by Frank not to punch the clock on his arrival, as men were working upstairs and later how he and the superintendent had inserted the tape in it.

"An when Mr. Frank come out an' saw Mr. Gantt he jumped back, lak dis," said Lee, and bounced back into his chair.

"You didn't tell the coroner that way about Mr. Frank's jumping back."

"Nor sir, ah didn't have ter; dey understood widout mah havin' ter jump diserway an' show 'em," replied Lee.

Mr. Rosser then read the stenographic report of the coroner's hearing and asked Lee if it was a bad report.

"Dunno," said Lee, "reckon dey jes put down what dey tole 'em ter put down, but ah do know what ah said."

Solicitor Interrupts.

Then the solicitor interrupted with objections to Mr. Rosser's manner of interrogating, and declared that if the cross-questioner was trying to impeach Lee's testimony that he ought to go about it in the prescribed form.

"My brother is old enough to lecture me, I reckon," Rosser fired back at him.

"I'm talking to his honor, not to you," Dorsey flung back.

"This witness can testify as to whether or not he told the things that are in the report," ruled the judge.

Mr. Rosser then reread the part about Lee's testimony to the coroner in reference to Frank's actions when he met Gantt. He had to read it over three times, because as Lee explained he could understand Mr. Rosser when he was talking, but not when he was reading.

Then Mr. Hooper made the point that the Frank defense must show the exact time upon which Lee made the alleged statement, and whether it was the first or second time he appeared before the coroner.

Sticks to Statement.

Lee continued to stick to his statement that Frank had jumped when he saw Gantt, and that this was what he had told the coroner.

The questioning reverted to the finding of the body by Lee and then there was a wrangle over Lee's description of how Frank and he inserted the tape in the clock.

"You didn't pay close attention, did you?"

"Nor sir, not special."

"How do you know then about the time?"

"Well, cunnel," the darkey flashed back, "er while er go you took off you' specs and I wusn't paying no special attention, but ah know you did, jes the same."

"Now you are paying close attention to me, aren't you?" said the lawyer.

"Ah got er right ter, ain't ah?" asked Lee in a perfectly respectful tone, that nevertheless brought a ripple of laughter.

Then Mr. Rosser went off on Lee's domestic life and tried to make him admit a multiplicity of wives and affinities, but Lee swore he never had had but one wife.

Another Objection by Dorsey.

The cross-examiner then returned to the finding of the notes and asked Lee if he were present and what was read. Mr. Dorsey objected.

"We are trying to find out who committed this crime," said Mr. Rosser, "and when 'night-witch' was read in that note, Newt promptly said, 'that's me, boss.'"

"The documents are here and they are self-explanatory," objected the solicitor and he was sustained by the judge.

"Suppose Lee had made incriminating admissions in connection with the crime," interrupted Attorney Reuben Arnold, who had hitherto been sitting still and occasionally prompting his colleague, Rosser. "Suppose Lee had admitted having seen the body moved or the crime committed."

At Mr. Dorsey's request the jury was sent out while this was discussed.

Believes Lee Saw Notes.

"Any fact pertaining to show he's incriminating is admissible," said Rosser, referring to Lee. "He says that, though he was the nightwatchman, he had no knowledge of the tragedy; we expect to show that the notes were very obscure and doubtful, and that Lee saw those notes while they were trying to read them.

"He said he would love him, laid him down, play like the nightwitch," Rosser read from the document.

"The man who wrote that note tried to lay it on a negro. When the note was read, Lee spoke up, 'Boss, nightwitch means me.' It showed knowledge of the notes; he interrupted them in a moment."

"The conversation took place between witness and somebody else," said Mr. Dorsey. "Lee was asked if somebody else did read the note to him. It is not admissible to go into the contents of the document through the witness, when the document is in evidence. The question is secondary evidence."

"Unless they propose to connect this man with the crime," added Attorney Hooper, "it is inadmissible. This ruling has been made time and again before. If they undertake to put the crime on somebody else, they will have to train their guns on someone else besides the defendant before it will be admissible."

"Your honor," said Mr. Rosser, "there are a good many suspicious circumstances against Lee."

Testimony Is Admitted.

"What Lee said about anything does not tend to show he interpreted the notes," ruled Judge Roan, "and if you want to show that when the letter was read that he seemed to be acquainted with it, I think it will be admissible, and I so hold it."

The jury was then called back into the room and the questioning proceeded.

"Newt," said Mr. Rosser, "when you and the police went to the basement, didn't they pretend to read from a paper something like this, 'A tall, black, slim negro did this; they will try to lay it on the night '"

Solicitor Dorsey interrupted, declaring that they ought to show whether or not there was something on the paper.

"I gave Mr. Rosser a copy of the notes found there, and that would be the best evidence," said the solicitor.

"Well, then, Newt, when the officer stopped at the word 'night,' didn't you say, 'That's me, boss'?"

"No, sir; I said, 'Dey mus' be tryin' ter put hit off on me,'" replied Lee.

Argue Over Exact Words.

Again the attorney and the witness had a regular argument over the exact words used, and Lee stuck to his original statement, getting sometimes slightly confused and worried, but always coming back to the original statement.

Mr. Dorsey objected to the manner in which the interrogation was being carried out, but was overruled.

Mr. Rosser then questioned him in detail about Lee's actions in the basement that night, and finally announced that he was through with him.

The solicitor again took up examining Lee.

"I never knew nuh saw this Jim Conley before last week, in jail," said Lee, in answer to a question.

"Did anybody ever try to put the crime on you?"

"Not ez ah know."

"Did you ever talk with Mr. Frank about it?"

Lee Answers in Negative.

Mr. Rosser objected, but not before Lee had answered in the negative, and, without paying any attention to his opponent, the solicitor went on.

"Have you talked about this matter often?"

"Yes, sir; sev'ral times."

"Were you always open and willing to interviews?"

"Yes, sir; allus."

The solicitor then brought out by Lee the fact that the negro had at all times been willing to talk to anyone about the matter, and that last week, with the permission and in the presence of his own lawyer, he had talked with Mr. Arnold, Frank's attorney.

Mr. Dorsey then went into more detail in regard to Lee's aiding Frank in inserting the tape in the time-clock, and also about the amount of light that could get into the factory basement.

Then Mr. Dorsey showed Lee a "cut-out" drawing of the National Pencil factory, made by Bert Green, a newspaper artist, who drew the outline of the Standard White apartments for the famous Harry Thaw trial.

Understands Basement Plan.

After much detail and questioning, and not before Mr. Rosser had several times accused the solicitor of "leading" his witness, did Lee announce that he understood the basement part of the plan. The picture was hanging on the courtroom wall in such a way that east and west did not occupy the same relative positions to Lee as the pencil factory had, and he could not get things straightened out until Bailiff Garner took the framed drawing off the wall and held it so that the drawing of the building would be in the same relative position as the building actually is.

Despite Mr. Rosser's frequent objections, the solicitor was allowed to go into detail with Lee in regard to the drawing.

"Who did you call on that morning?" said the solicitor, suddenly.

"Ah called the police and tried ter call Mr. Frank."

"Did you call Mr. Haas?"

"Nor sir, ah didn't know him."

Then at 11:25 o'clock, after some further questioning the solicitor announced his completion and Mr. Rosser again took up his cross-examination.

No Sleep for Two Days.

Lee was asked about his treatment at the station house and of the various questions asked him and brought out the claim that for the first two days and nights down there he was not allowed to sleep, but was questioned by first one man and then another.

"How about that pistol fired in your face?" said Mr. Rosser.

"Warn't no pistol fired in muh face," replied Lee.

"You heard a pistol fired?"

"Er drunk man in er nuther cell, he fired er pistol, but ah thought hit wuz the papers takin' a picter, like they did here yesterday," replied Lee, referring to the flash light made of the court room on the first day.

Mr. Rosser then discussed the factory basement and tried to show by Lee that the picture was not complete, but when Lee was in doubt about a question he promptly said so and nothing could get a different answer from him.

May Attack Drawing.

By his references to the solicitor's drawing and by remarks about it, the attorney for the defense indicated that he intended to attack it later on and claim that it represented merely Mr. Dorsey's theory about the murder.

Mr. Rosser had taken up ten minutes more in questioning Lee, and then he announced that he would pause.

Mr. Dorsey took up the examination again.

"Newt, did Frank talk to you on Tuesday, April 29?" he began.

"Yessir," replied the witness.

"Who talked longer, Frank or John Black, the detective?"

Mr. Rosser objected, but the judge ruled with the state that if the defense could ask Lee about his conversations with others that he had a right to in rebuttal.

"The officer talked the longest," Lee finally answered.

"Who talked longer to you, Frank on that Tuesday, or Mr. Arnold the other day in jail?"

"Mr. Arnold did," said Lee.

Lee was then allowed to leave the stand, after he had been examined for four hours and forty minutes, partly on Monday and partly on the Tuesday session.

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Clash Comes Over Evidence Of Detective John Starnes

When Sergeant Dobbs was called from the stand, Detective J. M. Starnes, prosecutor of Frank and a detective attached to police headquarters, was called in. He has been associated with the solicitor general throughout the Phagan investigation.

The defense and prosecution clashed in perhaps their most spectacular battle over an attempt of Attorney Rosser to force the detective into recalling the exact words of a portion of his testimony at the coroner's inquest.

An argument was advanced by both Attorneys Dorsey and Hooper and each member of Frank's counsel, Attorneys Arnold and Rosser.

The apparent motive of the defense was to discredit certain portions of Starnes' story relative to his telephonic conversation with the accused superintendent when he notified him of the tragedy at daybreak Sunday morning.

The result was a rule by Judge Roan to allow the defense to remind the witness of the exact statement he was wished to recall, the exact date and circumstances. It was followed by an amendment, the question finally going unasked.

An Effort to Impeach.

During the course of the detective's testimony the solicitor general accused the defense of endeavoring to impeach Starnes. Starnes was told, however, by Attorney Rosser that no effort was being made along this line. Starnes answered:

"I hope not, because I'm trying to tell the truth."

"When did you first reach the pencil factory?" the solicitor questioned.

"About 6 o'clock on the morning of April 27," he answered.

"What happened?"

Found a Girl's Hat.

"I saw Sergeant Dobbs and he carried me into the basement. We looked around and I found a girl's hat. We inspected the broken staple in the rear door."

"Was the body there at that time?"

"No."

"How was the rear door supposed to open?"

"It slid south."

"What did you do later in the day?"

"I went to police headquarters and with Chief Lanford, Detective Black, took Newt Lee back to the pencil factory. We went into the basement and later I called Superintendent Frank over the telephone."

"How long did it require to get him?"

"Only a short while. He answered the phone himself."

"What was the conversation?"

"I asked him if he were superintendent of the pencil factory, and he replied that he was. I told him I was a detective and wanted him to come directly to the factory. He said he had not had breakfast. I said I'd send an automobile for him. He asked, 'Where is the night watchman?' and I told him he was there. Boots Rogers and John Black went for him in Rogers' car."

"Did you tell him what had happened at the factory?"

"No. He didn't ask."

"How long was it before he arrived?"

"In a very short time. Not more than thirty minutes."

"What was Lee's demeanor when carried back to the plant?"

Conduct Means Much as Words.

An objection to this question was made by the defense. Attorney Arnold declared that the negro's conduct meant as much as his words.

"This thing," he said, meaning the trial, "is going entirely too much on looks."

Judge Roan, however, sustained the solicitor. The witness' answer was:

"He was calm and composed."

"Did you observe Frank's deportment?"

"He appeared nervous different from other men who were around the place."

"Detail his manners and movements."

"He just seemed nervous."

Here Judge Roan asked the witness what he meant by "just nervous."

"He was nervous and not composed," was the detective's answer.

"Where did he go?"

"I don't know."

"When was he trembling and nervous?"

"When they first brought him to the factory."

"Did you talk with him?"

"No."

"Did you see any slips punched in the watchman's clock?"

Saw Watchman's Slips.

"Yes. About a week afterward. I went to the factory late one night, after I had gone home, and got the watchman to lead me through the building. I took out a slip covering a period from 6 o'clock at night until 6 o'clock in the morning until 6 o'clock in the afternoon."

"Subsequent to this did you see any wrapping cord? Where did you get the wrapping cord you obtained at the factory?"

"Yes. On second floor."

"What did you do with this cord?"

"Saved it."

"Where did you find this particular cord?" The solicitor displayed several strands of regulation heavy wrapping twine.

"In the delivery department or finishing room."

"Will you explain the location of this room on this chart of the factory?"

The witness indicated on the diagram a spot near the metal room on the second floor.

"Were there any other specimens of this cord on the second floor?"

Cords in the Basement.

"I didn't see any. There were many though in the basement."

"Did you find anything near the dressing room on the second floor?"

"On the following Monday I saw near the door on the northwest corner a number of spots that resembled blood like the blood spots we found in dressing room No. 7."

"How far were these spots from the end of the dressing room?"

"About two feet."

"What did you do upon this discovery?"

"Got a hammer and chisel and chipped out the wood containing the spots."

"How large were the chips?"

"About the size of the palm of the hand."

"Find anything else beside blood?"

"Some white stuff like white wash that had apparently been spread to conceal the spots."

"Were there means of locking the doorway to the rear stairs?"

"Yes."

Blood Found on Nail.

"With the shutters closed on the north side of the building, is the metal room dark or light?"

"About half and half."

"Did you find blood anywhere else?"

"Several spots on a nail I found in the metal room."

"Were there any spots on the floor where this nail was found?"

"Yes, in spots for a small area."

"Was there any of this white stuff there?"

"No."

"Find any other blood spots?"

"Yes; in finger prints on the rear door."

"Explain the location of blood spots relative to dressing room No. 7, and the elevator."

"The first spot was about 50 feet from the front stairway and the second about 30 feet from the double doors that divided the metal department from the front of the second floor."

Attorney Rosser took up the examination.

Says Staple Is Bent.

"Let's see Starnes about some of these things to which you are testifying," he began, picking up the metal staple that had been pulled from the basement door, and holding it to view of the witness. "This staple is bent, isn't it?"

"Yes; a little bit."

"Well," retorted the attorney, "you can't expect such a little thing as this to be bent a quarter of a mile, can you?"

"I can't see very well without glasses."

"Oh, you're getting old like I am that's what the matter with you."

"To say the least," Mr. Rosser continued, "its prongs are not straight by any means. When did you first see it?"

"About 5 or 6 o'clock that Sunday morning."

"When did you first see Mary Phagan's hat?"

"At the same time."

Found It After Three Hours.

"Then you found it three hours after the police got to the scene?"

"Yes."

"If that be true, they found the shoe on the same trash pile and overlooked the hat?"

"Yes; they said they didn't suspect it was the girl's hat."

"Do you mean to say that a crowd of detectives blundered like that?"

"They weren't detectives; they were policemen."

"Did you find anything else?"

"I found a gas pipe on the following Monday."

"If this pipe was found on Monday, it might not have been there on Sunday?"

"It is possible."

"What size was it one-quarter of an inch?"

"About that size."

Defense Concedes Point.

At this juncture the solicitor objected to the question. Mr. Rosser conceded, saying:

"Talk kindly and I'll do anything in the world for you." He was smiling good-naturedly at the table by which sat attorneys for the state.

"You took charge of Newt Lee, didn't you?" Mr. Rosser continued.

"Yes; Black and I."

"You kept him in the office, didn't you?"

"Yes."

"Boots Rogers was in the office with you, eh?"

"I don't remember."

Did Not Correct Rogers.

"Did you hear Rogers testify at the inquest?"

"Yes."

"If he made a mistake in his testimony, you didn't correct him, did you?"

"It wasn't my business to correct him."

"Do you mean to say that you, who represent truth, shouldn't correct an error that concerns you or your work?"

Mr. Dorsey objected to this. He accused the counsel for the defense of attempting to impeach the detective and of striving to impeach Rogers before the latter had entered the case.

Mr. Rosser declared that Starnes had stood idly by and watched a witness for the state give erroneous testimony. The solicitor contended that it was inadmissible to impeach Rogers, which it was apparent the defense was endeavoring to do, before Rogers had come into the case.

The solicitor was overruled.

Mr. Rosser continued with his examination.

"You heard him state at the inquest about being in the office, did you not?"

"I think so."

Attorneys Clash.

"Do you profess to give the words of your conversation with Frank over the telephone the morning of the discovery after three months have elapsed?"

"I will as near as I can."

"Then, if your memory is so good, give me the exact words you spoke at the coroner's inquest."

The solicitor interposed, saying it was irrelevant to attempt to learn from Starnes what he had testified to at the inquest, inasmuch as his statement stood as documentary evidence in form of stenographic notes.

Attorney Arnold arose from the table of the defense counsel, saying:

"The solicitor complains of losing time in this case. He is taking up more time by talking than it would require to submit evidence."

Will Try Case by Law.

Mr. Dorsey arose and said:

"I want to try this case according by law if it takes a year."

Continued on Page Three.

CLASH OVER EVIDENCE OF DETECTIVE STARNES

Continued from Page Two.

Following which, Mr. Arnold again said:

"We don't want to impeach Starnes. We want to sift him, to determine him we have a right to. If he remembers one thing perfectly, he can surely remember another. We only want to test his memory that's all."

"They have a right to test his memory on everything but sworn testimony," said the solicitor. "Otherwise, it's unfair."

"You can pick out anything to which he testified in this trial," said Judge Roan. "That is my ruling."

Attorney Rosser insisted upon his question, however, Mr. Dorsey arose, exclaiming:

Ask Enforcement of Rule.

"I ask the judge not only to rule, but to enforce the rule."

"You testified at the inquest to having made Lee rewrite the murder notes, didn't you?" Mr. Rosser asked the witness. "Give me your exact words."

Before the witness could answer, Mr. Dorsey interposed:

"He must remind the witness of the exact time and place of the statement to which he has reference."

Mr. Rosser replied:

"I disclaim any disposition to impeach Officer Starnes."

An amendment was made to the judge's decision which permitted the attorney to ask this question:

"Can you recall your exact words at the inquest?"

"I may be able to do so, and I may not."

Testimony Is Important.

"Then, your telephone talk with Frank, as unimportant as you considered it "

Mr. Dorsey objected, but was overruled.

"Was it an important message did you consider it so?" Rosser resumed.

"Yes."

"Why? Also, how did you recollect it so well?"

"I had witnesses Boots Rogers and, I think, Detective Black."

"Aren't you mistaken?"

The witness paused, after which he said:

"Maybe so I believe I am."

"Some splotches of blood are still on the second floor, aren't they?"

"I suppose so."

"It was Monday you found the spots?"

"Yes."

"There was no way of telling how long they had been there, was there?"

"No."

Says Floor Is Dirty.

"Isn't that floor the dirtiest you ever saw?"

"Not the dirtiest, although it's pretty dirty."

"Don't think I'm trying to impeach you, Starnes."

"I hope not I'm trying to tell the truth."

"Do you know whether or not the back doors were open on the day of the tragedy?"

"I do not."

"Didn't you find all over the factory strings like this one you have here the kind of cord found about the girl's throat?"

"I can't say it was exactly alike or even made in similar shape."

"As a matter of fact, there was plenty of cord in all parts of the factory?"

"There generally were pieces of cord in all parts of the building."

"You are testifying now of facts as you know them, are you not?"

Looks for Purse.

"Yes."

"Did you ever look for Mary Phagan's purse?"

Members of Mary Phagan's Family Who Are Attending Frank Trial

Photo by Francis E. Price, Staff Photographer.

Miss Mattie Phagan, aunt of Mary Phagan; Mrs. J. W. Coleman, her mother, who was a witness on Monday, and Ollie Phagan, her sister.

"Yes."

"Ever look for the artificial flowers and ribbon she wore on her hat?"

"Yes."

"Did you find either?"

"No."

The solicitor took up the questioning.

"Do you know, of your own knowledge, whether or not she had a purse with her when she was slain?"

"No."

"When you talked to Frank over the telephone that morning, were you guarded in what you said?"

Counsel for Defense Object.

Counsel for the defense objected to this question. Judge Roan ruled that the solicitor could ask the witness only what he had said to the defendant.

"Yes, I was guarded," admitted the detective.

Rosser took charge of the witness.

"What did you mean when you told a short time ago that your conversation with Frank was casual?"

"A talk between two gentlemen over the telephone."

"Do you recognize these chips of wood as the pieces you chiseled from the second floor of the pencil factory the ones containing the blood spots?"

Witness identified the chip specimens.

At this point, the clothing worn by Mary Phagan when her body was discovered was submitted as evidence. Every piece, including a bloody handkerchief discovered near her body, was admitted without protest.

"Did you see Frank at police headquarters?" questioned Rosser.

"Yes everyday he was there."

"Were you there Monday when he was summoned?"

"I believe so."

Starnes was dismissed from the stand.

The solicitor asked that the chart of the pencil factory, to which he had made frequent reference during all examinations of the day, be admitted as evidence. Attorney Rosser asked first that he be allowed to inspect it.

Protest Against Drawing.

He protested vigorously, saying that the drawing was inadmissible. It had once been used as a newspaper illustration to a story of the Phagan crime. He read from the key words inscribed at the bottom of the chart:

"Black dotted lines indicate course taken by the accused. Cross indicates where the girl was murdered on the second floor."

He turned to face the solicitor.

"I didn't think Mr. Dorsey or Mr. Hooper would undertake to put such a thing over on me."

Dorsey replied:

"I realized that the plat was inadmissible."

Drawing Will Be Changed.

"The whole drawing is an argumentative picture of the state's theory," said Mr. Arnold. "Pictures convey the strongest kind of argument. The dotted lines on this picture are as eloquent as words. A plat that is fair should be nothing but a bare representation of facts."

The solicitor agreed to remove the key words and lines from the chart.

"A naked plat," said Judge Roan, "is admissible, but if it contains anything argumentative, it is inadmissible."

The chart will be changed.

As the clock hands reached 5:07, the judge asked the solicitor if he had a "short witness" which he could place on the stand. Upon being informed that none was available, the session was adjourned until 9 o'clock this morning.

PAGE 3, COLUMN 3

Sergeant Dobbs Resumes Stand At Tuesday Afternoon Session

Sergeant L. S. Dobbs took the stand again at the afternoon session.

"Did you help take the girl's body from the basement?" Attorney Rosser questioned.

"I was there when the undertakers came," answered the sergeant.

"Who cleaned the girl's face?"

"Sergeant Brown, I believe."

"How?"

"With a piece of paper."

"How was the body removed?"

"In a corpse basket."

Here the examination was taken up by the solicitor general.

"What is the distance from the ladder to the spot where the body was found?"

"About 150 feet."

Found Slipper and Hat.

"Did you discover anything on a trash pile in the basement?"

"I found a slipper and saw a blue hat."

"Is this the hat?"

(The wide blue straw hat worn by Mary Phagan was held before the witness.)

"Yes that's it."

"Did you make any experiments in the basement?"

"About 10 o'clock that night I went to the basement in company with other policemen. We put a bundle in the spot on which the body was found, and, with a lantern similar to the watchman's, were able to see it from the point at which Lee said he had first seen the body."

"Were you satisfied that Newt could see the body from the point which he had described?"

(An objection made by the defense to this question was sustained.)

"Could an ordinary man carry a body through the scuttle hole in the first floor?"

"I hardly think so. It is difficult for a man to get through it alone."

"Were there signs of a body having been dragged in the basement in front of the elevator shaft?"

"Yes."

"How did the staple in the back door appear to have been extracted?"

"Pulled straight out."

Body Cold and Rigid.

"Any indication that it had been forced out by pressure from outside the door?"

"No."

"Was the girl's body warm or cold?"

"Cold and rigid."

"Describe its condition."

"The hands were folded across the breast, and it lay stretched out, head toward the scuttle hole."

"Did you search the first floor for scratch pads or clues?"

"Yes."

"Find any?"

"No."

The defense resumed the interrogation.

"Do you know how the staple was extracted?"

"No I have only an idea."

"Wouldn't it be possible for a man to drop a body through the scuttle hole?"

"Yes, if he dropped it through headfirst."

It was clearly evident from the nature of questions put by Mr. Rosser that the defense would attempt to show that Mary Phagan's body had been lowered through the scuttle hole and not carried down upon the elevator as argued by the prosecution.

Sergeant Dobbs was then excused.

PAGE 3, COLUMN 3

Officer Tells About Discovery Of Body of Girl in Basement

Sergeant L. S. Dobbs, one of the policemen who answered Lee's call to the factory, was put on the stand after Lee was dismissed.

He told of the call at about 3:20 a. m. on April 27, and of how he and Officers Anderson and Brown, with "Boots" Rogers, an ex-county policeman, and Britt Craig, of The Constitution, went to the factory and found the body.

The officer declared, among other things, that Lee was not frightened or trembling when they got there, that they had difficulty in telling at first whether the girl was white or black, and that Lee had interrupted his reading of the note when he reached the word "night" by saying, "Boss, that's me."

Sergeant Dobbs went into detail about the cord around the girl's neck, and also the torn piece of underclothing tied loosely around the neck over the cord. He declared that the rope and piece of cloth exhibited were very similar to those he saw that morning, but would not swear they were the identical ones.

Knew She Was White.

"I couldn't tell at first whether the girl was white or black, and had to turn her over," he stated, "and when I saw her white skin on her body where her clothes were torn and when I brushed the dust off her face, I knew she was white.

"There was some blood on the back of her head and it was dry on the outside, and moist near the skull where I placed my hand," he continued. "A cord was tied so tightly around the neck that it had cut into the flesh and over that a piece of underclothing was tied, but it was not at all tight.

"I accused Lee of doing it or of knowing who did," the officer went on, "and I looked around and saw a couple of notes after I had poked this stick of mine into the sawdust. They read about like this "

He had started to repeat the notes when the solicitor stopped him and it was at this point that he testified that the cord and piece of cloth exhibited were very similar to those he had seen that morning.

"There was not much blood about the hair," he replied in answer to the solicitor.

"Was it moist or dry?"

"Dry on the outside and moist near over to tell whether she was white the roots of the hair where I put my hands."

"Was it a damp or dry place where you found the body?"

"Well, rather damp."

Identifies Murder Notes.

Dobbs then identified the murder notes and also the scratchpad which he found near the body, one note at the foot and another near the girl's head.

"Did you know who this girl was?"

"No; but I learned later she was Mary Phagan."

He then was made to go into detail about the position of the body and of how he poked around in the sawdust with his cane in search of some evidence.

Then the officer told of sending Lee to jail and declared that Lee was not excited but was cool. Solicitor Dorsey then had the officer go into detail about the drawing, and Mr. Rosser made strenuous objections to this, but Dorsey won his point and Sergeant Dobbs finally declared that the drawing was perfect as far as he knew.

Mr. Rosser then took up the cross-examination and asked a number of questions about the picture, making the officer look away from it while answering. The attorney seemed to be doing his best to discredit the drawing.

"Was Lee excited?" he suddenly queried.

"No."

"Could you tell if the girl was white or black right at once?"

"No, I could not."

"Didn't you have to turn the body or black?"

"Yes."

Reason for Questions.

Lee had previously testified that when he saw the body and got close enough to convince himself that it was really the body of a person and not a dummy placed there by some boys to frighten him that he could tell by the "frizzy hair and white spots on the face" that she was a white girl, and the attorney seemed to wish to start proof that Lee had either approached much closer to the body than he had said he did, or else knew something more about the affair than he had told.

Mr. Rosser then made Dobbs go over the detail of finding the notes and also of finding the girl's missing shoe and hat and of the fact that the ribbon upon the hat was gone when he found it.

"Did the body look like it had been dragged and did there show any traces on the ground where it might have been dragged?" asked Mr. Rosser.

"Yes, sir, the body looked somewhat like it had been dragged by the feet and with the face down and I thought I found evidence of where something like a body had been dragged from the elevator shaft to the place where the body lay."

Did Not Appear Excited.

Mr. Rosser again took up the question of whether or not the officer believed Lee was excited when he came in. Again Dobbs declared Lee did not appear excited.

"From where Lee showed you he first saw the body, could it really have been seen?"

"I think so."

"Didn't you swear before the grand jury," said the attorney, probably meaning the coroner's jury, "that Lee could not have seen the body from where he told you he did see it?"

Sergeant Dobbs declared that he did not believe that he had said that before the coroner's jury.

"I thought I saw marks where a body had been dragged from the elevator shaft to where the dead girl lay," he answered the next question.

Produces Stenographic Report.

Here Mr. Rosser again produced the stenographic report of the coroner's hearing and declared that according to it the officer had declared that he did not see that the marks of where a body had been dragged began directly in front of the shaft.

As Lee had previously stuck out against what the stenographer had transcribed, so did the officer, and despite the production of the sworn notes of the court stenographer, the officer held to his original statement and declared that he had at first declared that the marks of a body being dragged had begun in front of the shaft and that he had said that all along.

Sergeant Dobbs then told of finding the staple pulled off the back door of the basement and the bar being pulled back. He was again made to go into detail in regard to reading the notes to the night watchman and swore that Lee had interrupted with, "That's me, boss," when he reached the word "night" in reading the note.

After he had gone into more detail about the girl's clothes and the torn or cut condition in which they were found, court adjourned until 2 o'clock.

PAGE 4, COLUMN 1

Mother and Daughter in Tears As Clothing of Mary Phagan Is Exhibited in Courtroom

Solicitor Dorsey stood before Detective Starnes at the witness box yesterday afternoon and held to view a lavender frock with a bit of pink ribbon at each shoulder. In the hand that was lowered at his side he held a wee slipper.

"Do you recognize this dress?" he put to the witness.

"I do."

"To whom did it belong?"

"To Mary Phagan, the girl who was killed in the National Pencil factory."

Mother and Daughter Sob.

A moist-eyed woman, gray beginning to fleck her hair and betray her fifty years looked sadly upon the articles in the solicitor's hands. Her daughter beside her strove bravely to check her tears, but bowed her head in a sobbing fit she could not restrain.

They were Mrs. J. W. Coleman, Mary Phagan's mother, and Mary's sister, Ollie. Ollie could not remain in the courtroom and her mother lowered her head in tears as the lawyer displayed, piece by piece, every article of the slain child's garments.

The solicitor held each bit of the girl's apparel in view of the entire courtroom for identification from the witness. As Starnes would signify that he recognized the articles before him the solicitor would say:

"This is such and such an article identified as having been worn by Mary Phagan on the day of her death. Is it admissible as evidence."

Counsel for the defense would group their heads together at their table, nod consent, and Judge Roan, upon the bench, would say:

"Admitted as evidence."

It was a cruel proceeding, no doubt thought the mother and sister, but one made necessary by law. Many of the pieces they recognized, recalling with a tear the days they worked with thread and needle to fit Mary in the best their talents and home could afford.

Proud of Her Work.

And Mary, herself, had been a competent seamstress. She had always been making something and, whether it was doll clothing or her own dresses, she was always proud of it.

There the lawyer held in his hand the pink frock which had gladdened the little girl's heart and which she had intended wearing to Marietta the next Monday. He had one of her shoes the pair she, herself, had selected and contributed a dollar of her wages toward the purchase and was waiting to display when the dress was admitted.

Mrs. Coleman was crying softly what mother, who had lost a loving daughter could have held back her tears! It was the first time she had ever been in a courtroom she had always striven to avoid them.

People stared at them all the while. The mother and daughter sat conspicuously, as the only seats they could find were two selected for them on the rostrum. Everywhere they looked eyes would be focused upon them.

But, even the gaze of the morbid the sensation-seeking court auditor whom you will find at every tragedy melted into a warming look of sympathy as his eyes met those of the sorrowing mother and sister.

Garbed in Black.

They were garbed in black black from head to foot with no relief. Heavy, dark veils fell over their faces, and they lifted them only to dab a handkerchief to filling eyes. Mrs. Coleman has said to reporters and so has Ollie that they would not be at the trial were they not subpoenaed as witnesses. It is as hard for them to bear as the tragedy itself, for every phase of the proceedings brings memory of that bleak and unforgettable day when the little girl next door ran over at daybreak and said to the home-folks of Marys:

"Oh, Mrs. Coleman Mary's been killed at the pencil factory!"

Monday morning Mrs. Coleman was the first witness called to the stand. She walked weakly and had to be assisted into the box. She whispered replies and choked back the catches in her throat. When the solicitor held the clothing of Mary before her eyes, asked her if they had been worn by the child, she tried to answer.

Breaks Down in Tears.

A sob was in her throat and a tear welled into her eye. She drew the handkerchief to her face and broke into weeping. The solicitor, as though his task were fully as distasteful as it looked, dropped the garments to his table and began new questions.

Even Attorney Rosser, whose cross-questioning is feared by the strongest witnesses, put his questions to the sobbing mother in a tone in which his sympathy was most evident. He asked barely a half dozen questions, then said:

"You may come down, Mrs. Coleman." without giving the state a chance for examination in rebuttal, knowing that even such a relentless thing as the state would not wish to further persecute the bereaved parent.

PAGE 4, COLUMN 1

First Two Days of Frank Trial

Only Skirmishes Before Battle

During the two days' progress of the Frank trial public interest has centered around the case and all eyes seemed turned to it. To date the interest has really been in watching the struggle between the skilled attorneys who are fighting for position and whose clashes over the preliminary witnesses are merely the skirmishes of the pickets before two mighty armies come together.

Thus far the interest, while to a certain extent centered on the maneuvering, has been mostly of the future tense. Every one is looking forward to what is to come. A fierce skirmish that almost engaged the two sides in real and earnest conflict came over the cross-examination of Newt Lee, and in it the state won. It was rather through the rare character of the negro testifying and his unbreakable spirit that the state won its first skirmish than through the efforts of its lawyers.

Much Depends Upon Conley.

It is the amount of weight to be placed upon James Conley's affidavit, that if believed would convict Frank and if held false would turn the charge upon the maker, that the public waits.

What will Dr. J. M. Hurt, the coroner's physician, testify? This is a question that has been frequently asked. Dr. Hurt delivered his testimony only before the executive session of the grand jury, and not a word of his evidence has been made public.

What will become of the Mincey affidavit is something that is puzzling spectators who are closely following the developments from day to day. Mincey's affidavit, if believed, would hang Conley, as sure as Conley's would hang Frank, should it be believed.

There are other witnesses who will be produced, it is said, whose names have never been called, and one of these is said to be a physician who will be put upon the stand by the state in an attack upon Frank. While the evidence he will give is not known, it is asserted that his testimony is intended to establish a link in the state's chain of evidence.

What Defense May Do.

The probability that the defense will introduce no witnesses at all is something that has caused much speculation and many attorneys believe that they will not.

Then there is a strong chance that the defense has a witness whom they are saving and whose testimony will come like a sudden discharge of Maxims upon an advancing army and wither up the state's attacking forces as they seek to establish their position.

Certain it is that a terrific fight will be made by the defense to batter down the negro Conley's testimony and that the gruelling under which Newt Lee stood up Tuesday will be nothing to the assaults upon Conley.

Mincey may expect the same treatment from the state and it is known that every effort will be made to attack his testimony and to show him unworthy of belief.

Dr. Hurt's Testimony.

That one of the great fights to be made by the defense will be upon Dr. Hurt's testimony is one of the later developments in the case. The public generally does not know what the physician will testify about the condition of the Phagan child's body and about a score of other details, but it is known that the defense has obtained at least an inkling of its import and is making every preparation to batter it down and to discredit it.

That the big fights will be made upon the statements of Dr. Hurt, W. H. Mincey, the negro Conley, the unknown physician and possible unknown witnesses, does not indicate that each point will not be contested to the very last and that each witness will be strained to the final ounce of his strength before he is ready to leave the stand.

From the fight made on the first two days and the frequent references to the minutes of the coroner's hearing it appears that the case will last through another week and will be marked by the wonderful amount of detail in it.