Thursday, 7th August 1913 State Ends Case Against Frank
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The Atlanta Georgian,
Thursday, 7th August 1913,
PAGE 17, COLUMN 1.
Dalton Corroborates Jim Conley's Story
DR. CHILDS IS CALLED BY DEFENSE TO REBUT DR. HARRIS' EVIDENCE
With the cross-examination of Dr. H. F. Harris, the State Thursday afternoon rested its case against Leo M. Frank accused of the murder of Mary Phagan.
Dr. L. W. Childs was called by the defense as its first witness to rebut the testimony of Dr. Harris.
The mysterious C. B. Dalton, who was expected to make sensational revelations of incidents in which Leo Frank was alleged to have participated in the National Pencil Factory, proved a very tame and commonplace witness when he was called Thursday.
The most that Dalton could say was that, on several of his visits to the factory, he had seen women in Frank's office. He told of no compromising situations. He was not even able to identify the women. He did not know whether or not they were members of Frank's own family. All that he knew was that they did not appear to be stenographers as he never saw them writing.
Dalton, when he was questioned by Luther Rosser, was not even sure of his own birthplace. He thought it was somewhere in Laurens County. He explained his presence by saying that he had gone to the factory with a Miss Daisy Hopkins. He said that he saw Frank in the office with two or three women, and that cool drinks generally were in evidence. On one occasion he said Frank and his visitors were drinking beer.
Detective Rosser on Stand.
Detective Bass Rosser was on the witness stand for a few minutes and was questioned briefly. He testified that when he saw Mrs. Arthur White the Monday after the crime she failed to tell him that she had seen a negro in the factory the Saturday the girl was killed. He said he did not get possession of this information until May 6 or 7. It is the contention of the State that the defense suppressed these facts.
At the conclusion of Detective Rosser's testimony, Solicitor Dorsey announced that he was prepared to rest as soon as Dr. H. F. Harris had completed the testimony which was interrupted by adjournment Wednesday afternoon. Dr. Harris was unable to appear when court opened at 9 o'clock. The prosecution had nothing more to present at 9:45 and a recess was taken until Dr. Harris arrived at 11:10.
Reuben Arnold began at once on a cross-examination of Dr. Harris as soon as the physician took the stand. He forced Dr. Harris to say that there is much uncertainty in drawing conclusions about digestive functions and their time limitations.
Solicitor Dorsey also asked for the submission of the National Pencil Company's cash book and bank book before he rested his case. This was agreed to by Frank's lawyers.
The defense announced that its first witness probably would be Dr. L. W. Childs, who would be called to start an immediate attack upon the testimony presented by Dr. Harris.
Dr. Childs to Combat Harris Story.
Dr. Childs is a physician and surgeon and was expected to testify in regard to the wounds on Mary Phagan's body, as well as in respect to the certainty with which the lapse of time between a person's eating and his death may be determined.
One of the most interesting pieces of evidence for the purpose of demonstration in the possession of the defense is a large size model of the National Pencil Company constructed on an accurate scale.
Frank chatted with his wife and mother in the intermission while the court was awaiting Dr. Harris, and a little later engaged in conversation with his attorneys. Dr. Childs entered the courtroom and talked several minutes with the defendant.
Attorney Rosser said that he would turn over the direct examination of the defense's witnesses to Arnold. Mr. Arnold said that the defense's first witness would be Dr. Leo A. Childs, who would give expert testimony in rebuttal of such testimony offered by the State.
Mr. Arnold said:
"Further than this witness I don't know what line we will
PAGE 18, COLUMN 1
DEFENSE TRIES TO BREAK DR. HARRIS' TESTIMONY; CALLS ITS OWN EXPERTS
Continued From Page 1.
pursue at present."
"Did you ever work for the National Pencil Company?" was the first question the Solicitor asked Dalton.
Mr. Arnold interrupted.
"Your honor," he said, "we want it understood that we object to this testimony all of it."
Judge Roan overruled the objection.
"Well, we want our objection recorded," said Rosser.
Dorsey continued his questioning.
"Do you know Leo Frank and Jim Conley?" continued the Solicitor. A. Yes; I know them both.
Q. Were you ever in the factory of the National Pencil Company? A. Yes; two or three times.
Q. Did you ever go to Frank's office with Miss Daisy Hopkins? A. Yes.
Was in Basement.
Q. Was Frank there? A. Yes.
Q. Did you ever go down in the basement? A. Yes.
The witness then pointed out on the diagram the spot he was in in the basement.
Q. Did you ever see Conley on those visits? A. Yes; and one time I saw another negro, a watchman.
Q. Did Frank know you were in the basement? A. He knew I was in the factory. I don't know whether he knew I was in the basement or not.
Dorsey then turned the witness over to the defense for the cross-examination.
"When was the first time you saw Frank at the pencil factory?" asked Mr. Rosser.
"Last fall some time."
Q. Where was Frank at that time? A. At his office.
Q. Who was in there with him? A. Some ladies.
Q. Were there any other men in there with him? A. No; he was the only man.
Q. Who was you with? A. Miss Daisy Hopkins.
Q. Do you know the names of the ladies in the office with Mr. Frank? A. No.
Q. Where did you go? A. I went to the basement.
Q. Was Miss Daisy with you? A. Yes.
Q. When did you go to the factory again? A. Right before Christmas.
Q. Who introduced you to Frank? A. Miss Daisy Hopkins.
Q. She just said to Mr. Frank, "This is my friend, Mr. Dalton," did she? A. Yes.
Went to Basement.
Q. You were never in his office after Christmas? A. No.
Q. When you went into the factory with Miss Daisy, you went down to the basement with her, didn't you? A. Yes.
Q. Where did you go down into the basement? A. We went down the ladder by the elevator.
Q. Where did you go in the basement? A. Right to where there were some boxes in the little room in the rear.
Q. Where did you live last year? A. No. 337 East Hunter street.
Q. Who did you work for? A. Mr. Heflin, a contractor.
Q. Where did you work after that? A. With Captain John Mc Ginnis.
Q. What time did you see Frank in his office? A. Some time between 2 and 3 o'clock.
Q. Were the windows up? A. I don't know.
Q. Did you see any curtains? A. No, but the office was very light.
Q. There were two windows in each office, weren't there? A. Yes.
Q. Do you know whether there was anyone else in the factory when you saw Mr. Frank? A. Yes; the negroes were there.
Saw Negro Watchman.
Q. What time at night was it when the night watchman was there? A. I don't know.
Q. Was it a negro watchman? A. Yes.
Q. Was that this year? A. No.
Q. Were you ever in Walton County? A. I lived there twenty years.
Q. How long were you away from there? A. I went to Lawrenceville for about a year.
Q. How long ago? A. I don't know. I forget just how long ago it was.
Q. Did you ever go with anyone to the pencil factory except Miss Daisy Hopkins? A. Yes, I used to go to the Busy Bee and wait for the factory to close to walk home with the girls.
Q. Can you name the girls? A. Yes; Miss Laura Atkinson and a Miss Laura Smith, of No. 148 South Pryor street.
Q. Do you go there any more? A. No; I haven't been to the Busy Bee in a long time.
Q. Where were you born? A. I don't know.
Q. When you first woke up, where were you? A. Somewhere in Walton County.
Gave Conley Money.
Q. As a matter of fact, you know where your family lived when you were born, don't you? A. Somewhere near Lawrenceville.
Solicitor Dorsey took the witness on the redirect examination.
Q. Did you ever give Jim Conley anything? A. Sometimes I would give him a quarter and sometimes 50 cents. Sometimes they would have cold drinks, and sometimes they would have beer.
Rosser took the witness again.
Q. When did you see beer there? A. On Saturday afternoons I don't remember the dates.
Q. Can you name specifically any time last fall that you went there? A. Not the day, but it was some time after 2 o'clock in the afternoon. Mr. Frank would have the cold drinks on a waiter in his office.
Can't Give Women's Names.
Q. And that is as definite as you can fix it? A. Yes, sir.
Q. Did you know the women besides the ones you name? A. No.
Q. Can you describe them? A. No.
"Come down."
City Detective S. L. Rosser took the stand.
Q. Since April 26, have you been engaged in this case? A. Yes.
Q. Did you visit Mrs. Arthur White subsequent to that date? A. Yes.
Q. At what time? A. Monday, April 28.
Q. Did she say anything about seeing a negro at the pencil factory Saturday? A. No.
Q. What was the first time she mentioned to you seeing a negro at the factory? A. May 6.
"I want to record an objection to that, your honor," said Rosser.
Rosser took the witness.
She Made Statement.
Q. Did you ask her? A. No; but she made a statement.
Dorsey took the witness on redirect.
Q. Did you take anything to Dr. Claude Smith? A. Yes; some chips.
Q. Are these the chips? A. Yes.
Q. Did you make a search of the areaway around the elevator? A. Yes.
Q. Did you find anything like this (showing the bludgeon alleged to have found by the Pinkertons)? A. No.
Q. Would you have found it? A. Yes.
Attorney Rosser took the witness again.
Q. Don't you know this roller has been in that factory two years? A. It may have been, but it was not on the first floor when we made our search.
State Wins Ruling.
Q. You made a good search? A. Yes.
Q. Do you know these are the same chips? A. Yes, I am sure of that.
The witness was excused.
Dorsey addressed the court:
"I don't know whether we tendered that bloody shirt or not. If we did not, I want to tender it now. I also want to enter these chips."
Attorney Rosser:
"They haven't been identified."
"They were identified by Detective Starnes and Chief Beavers," said Dorsey.
Judge Roan ruled that he would let them go to the jury.
Dorsey:
State's Case Nearly Finished.
"Now, I want the cash book and the bank book of the National Pencil Company."
Arnold said they would be furnished.
Dorsey:
"I want it understood as soon as Dr. Harris is able to complete his testimony the State is ready to rest its case."
"Mr. Dorsey," said Arnold, "will you tell Mr. Dalton not to leave. We may want to recall him."
Judge Roan declared a recess until Dr. Harris could reach the court. He said it would be about 10 o'clock.
Dalton Recalled for Moment.
Dorsey recalled the witness.
Q. Were you ever in the pencil factory with Daisy Hopkins? A. Yes.
Q. Did you go to the factory with her? A. Yes.
Q. Where was Frank? A. In his office.
Q. Where did you go? A. In the basement.
Q. Did he know you were there? A. Yes.
Q. Did Conley know you were there? A. Yes.
Q. Who else? A. The night watchman at one time.
Court then had a recess until Dr. H. F. Harris, who was excused from the witness stand Wednesday on account of illness, could arrive in court. The recess lasted for more than an hour. Dr. Harris, when he arrived upon the stand, was questioned upon cross-examination by Attorney Reuben Arnold.
Q. Unfavorable circumstances sometimes retard digestion, don't they? A. Well, that is a very grave matter, and there is so little data on the subject it is hard to answer.
About External Circumstances.
Q. You would not say then that external circumstances, some undue mental excitement, might delay digestion? A. I really don't know. There was an old Roman proverb that a person should take a walk after eating. Others say sleeping after a meal aids digestion.
Q. Then there is no set rule for digestion? Everybody is a rule unto themselves? A. Not altogether. The average normal stomach is about the same in digestion.
Q. There is no indication on the outside of the body that would indicate how far digestion has gone? A. None whatever.
Q. Don't the pulse or temperature show indigestion? A. No. Very many people have indigestion several years and don't know it. They don't even feel it themselves.
Q. How long does the stomach take to free itself when it is full? A. That has been investigated rather thoroughly, but it varies. I would say about 7 1-2 hours.
Q. How long does it take some substance that the stomach does not digest to pass out? A. That is hard to say. They probably pass through in a foreign body.
Q. How long would it take? A. That depends. The stomach doesn't like to free itself of meat until it is emulsified. Then it goes out very freely.
About Digestion of Cabbage.
Q. That is just the point. Does the stomach emulsify cabbage or corn? A. Oh, yes; there is always a constant churning motion.
Q. How about corn? A. It might pass through without emulsifying.
Q. Peas? A. Yes.
Q. You would not attempt to enumerate what vegetables would pass through the stomach to the intestines? A. No, I would not.
Q. Is it not a fact that the first knowledge of digestion comes from that Canadian case? A. Yes.
Q. Is it not a fact that the only experiments before that time were made on rabbits and other animals for vegetables, and animals for meat? A. Yes.
Q. Is there any animal that eats everything that man does? A. Yes, the swine.
Q. Any other? A. I rather think the cat does.
Q. Well, isn't the wildcat a carnivorous animal strictly? A. I don't know. I never associated with one.
Q. You will admit that the experiments along this line are very limited with the exception of that Canadian case? A. Yes.
Processes Not All Understood.
Q. It is practically in its infancy? A. Well, I would not say that. We are fairly familiar with the various juices and the process of digestion. But there is still much to learn.
Q. Just what part does the mouth and saliva play in connection with the stomach and the gastric juices, and the lower bowels? Is not this something that is not definitely known? A. Yes, that is true.
Q. Don't you practice vivisection on these animals? A. Yes.
Q. And you have never done it on humans, and you don't know how the processes take place in the human like you do in the animals? A. Except with the stomach.
Q. What is the hardest vegetables to digest? I mean, leaving your experiments and speaking from the viewpoint of science. A. I don't know that science has ever determined that.
Q. Isn't cabbage regarded as one of the hardest vegetables to digest? A. I probably have heard that. It may be that after cabbage has gone through the stomach, trouble may be caused in the small intestines that may be what has given the general idea that cabbage is hard to digest.
Q. Didn't you say when you first testified that you couldn't tell anything about the bread in the stomach? A. I don't think I made that statement.
Mr. Arnold read his testimony previously given.
Dr. Harris: "If I said that, I did not mean it in that sense. I meant that you could tell nothing about it by observing with the naked eye."
Q. You said it was impossible to state absolutely how long that cabbage had been in Mary Phagan's stomach? A. I meant I could not state within a minute.
Q. Could you tell within two minutes? A. No, not within 3, or 4, or 5. Probably not within 10 minutes. But I could tell that it was somewhere between 30 and 45 minutes.
Q. Doesn't it all depend on how much digestion is delayed? A. To an extent.
Q. All you are attempting to say, then, is that the process of digestion had only gone on a certain length of time? A. Yes.
Q. Didn't you say that certain circumstances retard digestion? A. Yes, but I didn't say that anything could retard the flow of the digestive juices. No one has ever shown that anything could retard the process of digestion.