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196

X. AMERICAN STATE TRIALB.

a couple of hours; Mrs. White
was up there at the time and he
informed her that he was going
to lock up the factory, that she
had better ‘leave; Mrs, White
preceded him down the stairway
and went on out of the factory,
bat on the way out said she had
seen a negro on the street floor
of the building behind some
boxes; that at 1:10 p, m, he left
the factory for home; arrived at
the faetory again at 3 p. m,
went to work on some financial
work and at about 4 o'clock the
night watchman reported for
‘work, as per his instructions the
previona day; that he allowed
Newt Lee to go out and have a
good time for a eouple of hours
and report again at 6 o'clock,
which Newt did; that he left the
factory at 6:04 p, m. and when
he reached the street door found
Tee talking to Gantt, an ex-
bookkeeper who Frank had dis-
charged for thieving; arrived
home at about 6:25 p, m. and
at 6:30 asked Lee over the tele-
phone if Gantt had left the fae-
tory and if everything was all
right, to which Lee replied
“Yes;” that he went to bed
around 9:30.

After that Mr, Frank and Mr,
Darley accompanied me around
the factory and showed me
what the police had found. Mr.
Frank seemed to be perfectly
natural ; saw no signs of nervous-
ness, On Tuesday night, April
29th, Mr, Black told Mr, Frank
that he believed Newt Lee was
not telling all thet he knew; we
put them in a private room, they
were together for about 10 min-
utes alone, When Mr, Black and
I entered Lea hadn’t finished his
conversation with Frank and was
saying, “Mr. Frenk it is awfal
bard for me to remain ‘hand-

cuffed to this chair,” and Frank
hung his head the entire time
ihe negro was talking to him,
and finally in sbout thirty sec-
onds, he said, “Well, they have
got me too.” After that we
asked Mr. Frank if he had got
fen anything out of the negro
and he said, “No, Lee still sticks -
to hia original story,” Mr. Frank
was extremely nervous at that
time. He was very squirmy in
‘his chair, crossing one leg after
the other and didn’t know where
to pat his hands; he was moving
them up and down his face, and
he hung his head a great deal of
the time while the negro was
talking to him. He breathed
very heavily and took deep swal-
lows, and sighed and hesitated.
‘That interview between Lee and
Frank took place shorily efter
midnight, Wednesday, April
30th, On Monday afternoon,
Frank said to me that the first
ponch on Newt Lee’s slip was
6:33 p. m., and his last punch was
38, m. Sunday. He didn’t eay
anything at that time about there
being any error in Lee’s punehes,
Mr. Black and I took Mr. Frank
into custody about 11:30 a. m,
Tuesday, April 29th. His hands
were quivering very much, he
was very pale. On Saturday,
May 3rd, went to Frank's cell
with Black and asked him if
from the time he arrived at the
factory from Montag Bros, up
until 12:50 p. m, the tima he
went upstairs to the fourth floor,
was he inside of his office the en-
tire time, and he stated “Yes.”
Then asked him if he was inside
his office every minate from 12
o'clock until 12:30 and he said
“Yes.” .
Cross-examined, Am not sure
‘whether I got a statement about
Mary Phagan being familar with

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