Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-28

stood because she was not allowed to
tell In her own way the circumstances
OF Frank entering the dressing room.
She declares that the girls were not
undressed and that Frank never
evlnced any improper motives or in
tentions In looking after the girls.
Charges that she was prompted and
coached by the solicitor are contained
In the affidavit of Miss Marie Karst,
whose statements are made the elev-
enth ground for new trial.
She asserts ,.at the Solicitor oi-
rected her to say on the stand that
Franks character was bad, and that
later, when she was asked as W.T.
ness II the defendants character Tor
| righteousness was good or bad, she
answered bad" in the face OF the fact
| that she did not know the meaning Of
| the word lasciviousneas--it never
having been explained to her at that
she swears that since she has
| learned the meaning Of the word she
can deny that so far as her knowl-
edge extends, Franks character or
reputation Is bad.
Two New Alihi Witnesses.
samuel A. Pardee and w. v. Green,
two of the new alibi witnesses, Sc
clare that they were at the local store
of the Cotton States Betting and Sup
INV C,ompany at No 8 North Broad
| street. during the morning of April
| rs and up 70 1 o'clock In the after
noon. Pardee processes to know
Frank we'll by sight.
They left the store at / o'clock ac-
cording to their story and walked TO
Jacobs Pharmacy, az whitehall ana
/ fhnEa "a
| tween :0s and 1905 o'clock Pardee
declares that he saw Frank leaning
against the power pole of the Georsia
| Railway and Power Company; that
he recalls Frank had q paper IN his
hand; that he (Pardee) waved ms
hand, and that Frank replied by way-
| ing the paper.
The defense holds that this evil
dence. which supports that Of Miss
Helen Kern at the trial Is supremely
important In that It completely up
sets the contentious Of the state,
whose Solicitor sought to establish
that Mary Phagan was killed by
| Frank between 1905 and 1880 the
afternoon OF April rs and that be-
tween 1856 and 80 Frank, assisted
BY Conley, moved the dead body from
/ the second floor down othe basement.
| The solicitor sought to show by Con-
| ley, the motion sets forth, that Frank
was In the factory the entire time
from 1885 to 1:3e o'clock assisting
| Coniey in the disposal Of the body,
when such was not the case.
Neqress Saw Conley.
Mary Rich. the negro woman who
sold lunches at the factory, says IN
her affidavit, which Is embodied In
Ground 10 of the motion, thai
she knows Jim Conley and that at
about 2.15 the afternoon OF the muir
der he came from the alley at the rear
of the factory and bought 2O-cent
dinner from her.
She says that after buying the din-
ner he carried It in his hand and went
back to the alley in the direction OF
the Pencil Factory and that she saw
no more OF him that day.
The affidavit Of Mrs. J. B. Simmons,
previously made public by the de-
Tense, relates that the affiant heard
screams coming from the Pencil Fac
tory basement between 2:20 and 1880.
This. in conjunction with the Rich
afiidaVit, Is represented as refuting
the States theory that Mary Phagan
was killed by Frank on the second
floor at 1905 or near that time.
Instead, the defense claims, the evil
| dence shows that she was killed In
the basement by Conley some time
after 2 o'clock.
Dalton Also Regulates.
Burtus Dalton, In his reputation.
SAYS that when Detectives Starnes and
Campbell first came to see him he
told them that so far as he knew
Frank was a moral man in every re-
spect. He asserts that the detectives
laughed at him and insisted that he
should testify that Frank was a man
/ OF bad character and that he (Dal-
| toni had Joined the defendant on va
rious occasions In acts of immoral
conduct with women and that he had
| seen Frank and Conley in earnest
/ conversation al different times.
Dalton says that he told the detec-
tives that every word of il was un-
/ true so far as Il related to Frank,
but that they induced him 10 so on