Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-27

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
evinced 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 taat the Solicitor d.
rected her to say on the stand that
Franks character was bad, and that
later. when she was asked as a wiz
ness If the defendants character FOR
righteousness was good or bad, she
answered bad" In the face of the fact
that she did not know the meaning of
the word lasciviousness--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 Abb Witnesses.
Samuel A. Pardee and w. v, Green,
two of the new alibi witnesses, 1e-
clare tnat they were al the local store
of the Cotton States Betting and Sup
ply Company, at No. . North Broad
street, during the morning OF April
rs and up TO / o'clock in the after
noon. Pardee processes to know
Frank well by sight.
They left the store at ] o'clock, ac-
cording to their story, and walked 70
Jacobs Pharmacy, at Whitehall and
Alabama streets, arriving there De-
tween 1908 and 1905 o'clock. Pardee
declares that he saw Frank leaning
against the power pole OF the Georgia
Railway and Power Company; that
he recalls Frank had a paper IN his
hand: that he (Pardee) waved his
hand. and that Frank replied by wav-
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 1t completely up
sets the contentious Of the state,
whose Solicitor sought to establish
that Mary Phagan was killed by
Frank between 1906 and 1880 the
afternoon Of April 26 and that be-
tween 1855 and 1880 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 1855 TO 1880 o'clock assisting
Conley in the disposal OF the body,
when such was not the case.
Nearess Saw Conley.
Mary Rich, the negro woman who
sold lunches at the factory, says in
her affidavit which Is embodied in
Ground IS OF the motion, that
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 20-cent
dinner from her.
She says that after buying the din
ner he carried II 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 afiiant heard
screams coming from the Pencil Fac
tory basement between 1890 and 1880
This. in conjunction with the Rich
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 Rspudiates.
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 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 at different times.
Dalton says that he told the detecs
tives that every word Of Il was un-
true so far as Il related 10 Frank,
but that they induced him to 50 on