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The Atlanta Constitution,
Wednesday, 13th August 1913,
PAGE 2, COLUMN 3.
Following the departure of Miss Hattie Hall from the stand a short recess was taken and then C. B. Dalton, who, when called by the state, testified that Leo Frank had had women in his office and that he had taken Daisy Hopkins to the factory, was called to the stand by the defense.
He was made to admit having served in the chaingang before the defense got through with him and later other witnesses were called who came from Walton county and all of whom swore they would not believe Dalton on oath.
"Who is Andrew Dalton?" asked Mr. Arnold.
"He is my brother-in-law," replied the witness.
"Your brother-in-law and yet bears the same surname you do?"
"Yes."
"Well, who is John Dalton?"
"He's my cousin."
"Well, didn't all of you go to the chaingang in Walton county for stealing?"
"Yes, I did, but I was pardoned before my term was out."
"In another case a little later weren't you sent to the gang for stealing again?"
"No."
"You deny that?"
"I do."
"In 1894 didn't you plead guilty in three cases and go to chaingang?"
"No, I pleaded guilty to one thing, "stealing a shop hammer, "and the other Dalton pleaded guilty to the rest."
"Well, in the February term of 1899, weren't you indicted for stealing cotton?"
"I was indicted for helping to steal the cotton."
"Yes, and they found you guilty and you went to the chaingang, didn't you?"
"No, I paid a fine of $141 and some costs."
"Oh, you paid out."
"Yes."
"Well, later on in Gwinnett county, didn't they find you guilty of stealing corn?"
"No, they didn't find me guilty."
"Well, how long since you have been in trouble?" asked Solicitor Hugh Dorsey, who here took up the cross-examination.
Happened 18 Years Ago.
"It's been something like 18 years, I think," said the witness.
"What was your condition when you stole that shop hammer?"
"Me and the other Dalton boys was drunk."
"You haven't been in trouble in 18 years?"
"No."
"That's all, then," said Mr. Dorsey.
"No it ain't," said Mr. Arnold, letting his grammar slip, but putting a decided emphasis on his assertion. "You are right now under four indictments in Walton county for selling liquor, aren't you?" he continued.
"Not that I know of, I'm not," replied Dalton.
"Your honor, I make the point that for a man to be indicted doesn't mean anything about his guilt," said Mr. Hooper.
"That is right," replied Judge Roan.
"Well, he said he hadn't been in any trouble," replied Mr. Arnold.
Saw Miss Hopkins With Frank.
Mr. Dorsey then took up the cross-examination again.
"Do you know whether or not Daisy Hopkins knows Leo Frank?"
"Yes, I know that she knows him; I've seen them talking together and then she has told me she knew him."
"I move to rule out what she told him," said Mr. Arnold.
"Well, that's all right, I'm going to put her on the stand, anyway," said Mr. Dorsey. "I suppose you have kept her here as you said you would."
"All right, I've certainly no objection. She has already said she didn't know Frank," said Mr. Arnold.
It was then 11:20 o'clock and Dalton was excused. Witnesses who swore they would not believe him on oath were next put up.