Monday, 28th July 1913: Trial Of Leo Frank Begins, The Atlanta Georgian

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JUDGE PRESIDING IN TRIAL OF LEO FRANK

PAGE 1, COLUMN 5

Judge L. S. Roan, of Stone Mountain Circuit.

Judge Roan has presided in nearly all of Atlanta's celebrated murder trials in the past ten years. He is distinguished for his knowledge of criminal law and procedure.

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DRAWING OF JURY BEGUN; WIFE OF ACCUSED AT HIS SIDE; COURTROOM PACKED

PAGE 1, COLUMN 7

Three months and a day after the body of little Mary Phagan was found in the cavernous depths of the National Pencil Factory, the trial of Leo M. Frank, accused of her murder, began before Judge L. S. Roan in the Criminal Court of Georgia with a packed courtroom and a deeply stirred city almost breathlessly awaiting the outcome.

There was a straining of necks as the young factory superintendent, calm, cool and collected, in the face of the terrible ordeal confronting him, was brought into the courtroom on the first floor of the old City Hall building to take his seat with his counsel.

Solicitor General Hugh Dorsey, chief of the prosecution, declared himself ready weeks ago and there was little time lost in beginning what promises to be the greatest legal battle over a man's life in the history of the South. Frank Hooper sat at the Solicitor's side.

Deputy Plennie Minor called the court to order at 9 o'clock. He called the roll of the jury for the first panel of twelve men.

J. H. Jones, deputy clerk, called the names. F. W. Stone, No. 82 East Linden street, was excused on account of illness. R. S. Shedden was refused on an excuse on military exemption. Only one man was excused from the first twelve men.

Mrs. Frank arrived at the courthouse shortly after the trial started, being summoned by a telephone call from Julian Boehm, a friend of the family.

Defense Not to Ask Delay.

Luther Z. Rosser, of counsel for the defense, stated to a Georgian reporter as he left his office for the scene of the trial that the defense would make no move for delay.

"We will not seek a change of venue or make any move of any kind to delay justice for our client," he said. "We are entirely confident that justice and truth will prevail, as it always must."

Reuben R. Arnold, of the defense, made the same kind of a statement.

"We will announce ready as soon as the case is called," he said.

One important witness for the defense was reported to be missing. He is a traveling salesman, and the defense was said to be confident of locating him.

Sentell in Navy Now.

Edgar L. Sentell, who testified that he saw Arthur Mullinax and Mary Phagan together at midnight of the day of the crime, has enlisted in the navy and will not be able to appear at the trial.

A great crowd gathered in front of the courthouse as the hour of the trial drew near, and when 9 o'clock arrived, Pryor street at Hunter was almost impassable. The corridors of the courthouse were a mass of humanity, through which a lane had to be cut by deputies to allow the passage of witnesses and lawyers and newspaper men.

The crowd was tense with curiosity, but to all appearances inclined to be orderly and apparently was moved only by the commonest of human motives curiosity.

Frank Feeling Fine, He Says.

Frank was escorted from the Tower to the courthouse shortly after 6 o'clock in the morning, nearly three hours before the trial was scheduled to begin. This was done to avoid the curious crowd which it was expected would be about the courthouse and thronging the corridors at 9 o'clock.

Frank was up and dressed and freshly shaven when Deputy Sheriff Plennie Miner appeared before his cell at the early hour.

"How are you feeling this morning, Mr. Frank?" the deputy inquired.

"Tip top, only I'm mighty hungry," replied Frank.

Exhibiting the same poised confidence that has characterized him through three months since he was locked in a cell in the county jail, the young factory superintendent chatted freely with Miner on the way to the courthouse.

Sure He Will Be Freed.

He was attired in a natty light gray mohair suit and wore a fancy gray tie. His face was fuller and he appeared slightly heavier than when he was arrested shortly after the murder of the Phagan girl. He seemed cheerful and in the best of health.

"I am very sure of acquittal," he said. "I am glad that the trial is about to begin after this long wait. I have no fear of the outcome. I am not only innocent of the terrible crime, but I am innocent of any knowledge of it, save as the information has come to me since the officers came to my house that morning three months ago."

At this moment E. C. Essenbach, a relative of Frank, appeared with a tempting breakfast which was spread in the prisoners' room at the courthouse. Frank gave ocular proof that his appetite had not suffered from his long confinement as he proceeded to make way with the delicacies prepared for him.

Frank greeted his relative cheerfully and conversed with him for more than an hour. The topic seldom was on the crime or the trial which was about to begin. Long before the time set for the judge to take the bench other friends and relatives of the prisoner had appeared and some of them were permitted to talk to him.

Conley Ready For the Stand.

Jim Conley, Frank's accuser, was made ready for the trial early in the morning, although it was not probable that he would be called during the day.

He was given a shave and a new suit of clothes, as he had worn for the last three months the same shabby garments that he had on at the time he was arrested while washing a shirt at the National Pencil Factory.

Conley said that he was ready to go on the witness stand at an instant's notice. He declared that he would stick to the same story that he told in his last affidavit and which he has since repeated many times for the benefit of Solicitor Dorsey.

"If they had just let me face Mr. Frank, I could have made him tell the truth long before this," he asserted.

Less than half a hundred persons were waiting about the courthouse at 8 o'clock, an hour before the time set for the beginning of the trial. It was thought that not a large crowd would be clamoring for admission to the courtroom as it had become quite generally known that the small room would accommodate hardly more than the witnesses and the veniremen and that it would be necessary to exclude practically all spectators.

Much Preparation Made.

For no trial in the history of Georgia have such elaborate arrangements been made for the comfort of the comparatively small number of spectators who will gain admission, the attorneys who will handle the case, the jury and the newspaper men. Deputy Sheriff Plennie Miner has received much praise for the splendid preparations made.

Electric fans have been installed at every window and on the railing separating the spectators' seats from the bar, ozonators have been placed to keep the air purified. It probably will be the coolest and best ventilated place in Atlanta.

Not more than 250 spectators will be admitted. Approximately that number of chairs have been placed outside the inclosure. When they are filled the doors will be closed and no one else will be allowed in. No one will be permitted to occupy standing room.

The usual custom of permitting

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CHOOSING OF JURY WILL BRING ON A BITTER FIGHT

FRANK TAKEN EARLY IN DAY TO COURTHOUSE; 'I FEEL FINE,' HE DECLARES

*Continued From Page 1.*

disinterested attorneys to occupy seats inside the bar will not be followed, and this particular part of the courtroom will be less crowded than during the average criminal trial.

How They Will Line Up.

Prosecuting Attorney Dorsey and at least five assistants will occupy a table directly in front of the bench and witness stand with the jury box close on the righthand side. Attorney Rosser with his assistants and the accused will be seated at a table to the left of the State's and farther away from the jury. The table for newspaper men is back of the State's table. The arrangements were agreed upon by the attorneys and the judge.

The table for the defense was selected by Attorney Rosser with a view to the number of persons who would wish to be near Frank during the trial. Seats have been arranged to the back of the table to accommodate at least 30 persons, friends and relatives of the accused, who have visited him constantly since he was confined at the Tower.

Deputy Sheriff Plennie Miner, who will have charge of the crowd and keeping order in court, will also have charge of the prisoners. Long before any crowd congregated around the courthouse Frank and Lee were brought from the Tower and placed in the room reserved for them. When court opened Frank took his place at the table reserved for his attorneys.

No Room For Spectators Now.

For the first day of the trial, or until the jury is selected and the hearing actually under way, it is extremely doubtful if any spectator will gain admission to the court. Seating arrangements have only been provided for about 250. The venire of 144 men will have to occupy that number of the seats when court is opened. The witnesses for the two sides will occupy the remaining seats and standing room until they are disposed of in some way, which may not be until after the jury is drawn.

The court rule to segregate the witnesses will, of course, be enforced, but it may not be until twelve men have qualified as jurors, which will hardly be before the middle of the week.

When the witnesses are segregated they will be kept in the large courtroom on the floor above the trial room. A bailiff will be placed in the hall and one on the door of the witness chamber, and as the names are called they will be brought from the floor above to the court.

It is probable some rule will be made to keep the witnesses for the State and the defense separated, in which event the third floor of the building would have to be used.

Jury Room Carefully Selected.

But if any great difficulty is anticipated in drawing a jury, and the judge thinks it impossible to finish this task during any one day, he will probably excuse the witnesses until the next day, and continue to do so until the jury is impaneled.

The jury room was selected with a great deal of care. It is almost inaccessible from the outside and large and airy. Its windows are about twenty feet above an alleyway that runs on either side. Deputies will be kept in the alley to keep anyone from getting this close to the room.

As each juror qualifies he will be escorted to the room and kept there until the full panel is drawn. Recess will be taken at 1 o'clock in the afternoon and the jury will be taken to luncheon at a restaurant almost directly across the street from the court. At night it will be quartered at the Kimball House under a heavy guard of deputies.

From the time a juror is acceptable to both sides until the conclusion of the case he will not be allowed to go to his home or communicate with anyone except a fellow juror.

The least of the deputies' troubles will not be in handling the crowd that will gain admission to the court, but in handling the crowd that will daily congregate on the outside and wait through the day for news of the proceedings in the trial. Ten deputies and as many members of the county police will be on duty on the streets around the building.

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PAGE 2, COLUMN 3

SLAIN GIRL AND MAN TRIED FOR LIFE

Two pictures of Mary Phagan and Leo Frank, on trial as slayer of factory girl.

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PAGE 2, COLUMN 3

Phagan Case of Peculiar And Enthralling Interest

As Leo Frank faces to-day the ordeal decreed by law that for man's life, man's life shall pay, interest in his case that has held Atlanta, Georgia and the South enthralled for three months has diminished not a whit since the Sunday morning the body of the little factory girl was found.

Wise judges of news, men who are paid thousands of dollars each year for their knowledge of the fickleness of the public, men who can time to the second the period when interest dies in one thing before the public eye to be born anew in another, have for years contended that no single item of news can sustain its interest longer than one brief week.

And yet for three months the public has read of Mary Phagan's death and the quest for her slayer and their demand for this news has been insatiable.

That the vaunted insight of these news experts is as shallow as the mirror reflection of a beauty of the stage is the thought that common logic first presents.

The insight of these experts has not been at fault. On the contrary, it has been sustained. For in the mystery veiling the death of Mary Phagan and the trial of Leo Frank as her slayer, a more varied array of things that interest, thrill, horrify, shock and make men think is presented than in any one case developed since typesetting machines made the modern newspaper possible.

Harry Thaw's case comes to mind, that tragedy of romance that presented in the same cast of characters the brilliant Lothario, the man of millions, and a woman as fair as the dawn. But there was never the element of mystery in the slaying of Stanford White. District Attorney Jerome described it pretty well as a commonplace tragedy of the tenderloin.

The only question that confronted the public was whether there was a law decreed by God that a man should take up arms and avenge his family honor that should nullify the law made by man that decreed that the courts of the country and the judgment of heaven could alone mete out reparation for personal injury.

But in the Phagan case, there is a mystery so deep, so impenetrable, that there are thousands in Atlanta who believe that Mary Phagan's slayer walks about to-day a free man as another battles for his life accused of his crime.

Victim Only a Child.

There was mystery in the famous case of Henry Clay Beattie, the Virginia aristocrat, who met death in the electric chair for slaying his wife after his infatuation for Beulah Binford.

But again, we have a feature of the Phagan case which was missing in the Beattie tragedy that makes the Atlanta mystery as grippingly pitiful as the Virginia problem was sordid.

For in the Phagan case a child is one of the principals. All the world may love a lover, but all the world loves a child more. And when the innocent, wistful, appealing face of the little factory girl first appeared in the public prints more heartstrings were touched than there were thrills caused in all the sinister revelations of the Virginia trial.

The child interest has made many a case appeal to the public interest more than struggles of statesmen, ravages of nature, or even the love of man for woman. The entire United States waited breathlessly for news of the capture of the kidnapers of little Billy Whitla, the sturdy Pennsylvania lad, in 1909.

But when the kidnapers were taken and Billy Whitla returned safe and sound and maybe a little happier from his thrilling experience to the home of his parents, the public forgot all about little Billy and to-day, in four short years, there are few who remember his case at all. For Billy Whitla lived. Mary Phagan died.

Lamana Case Was Absorbing.

In 1907 the hearts of every mother and father in the Southland bled for the wealthy father and mother of the little Lamana boy, who was taken from their New Orleans home by members of the Crescent City Mafia. Interest was intense at every period of the search and public sentiment was kindled near to the blazing point when the beheaded body of the boy was found in a Louisiana swamp.

But as thrilling as was the Lamana case, it did not have that quality that is so essential to make a case universally absorbing. The Lamanas were foreigners, the kidnapers were foreigners. And Americans want an American in their news stories.

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PAGE 2, COLUMN 3

Work of Choosing Jurymen Is Likely To Be Difficult

In the selection of the twelve men to comprise the jury which will try Leo M. Frank for the murder of Mary Phagan, one of the bitterest contests of the great legal battle which begins Monday is anticipated.

That counsel for both the defense and State will probe deep into the character of each of the men drawn from the venire of 144 who take the stand for examination for jury service in this case is certain. The attorneys will endeavor to unearth in the character of the prospective juryman such traits as they may believe favorable or unfavorable to their case.

The slightest objection will be used to disqualify the man from becoming a member of the deciding tribunal. Under the cross-examination of such skilled lawyers as those who will appear in the Phagan case no iota of information which will tend to sway the verdict will remain concealed to be carried into the jury box and fight against the delivery of justice.

Every man of the twelve who will be chosen will be as an open book to the counsel of both sides. Not only will his mentality be shrewdly gauged with respect to the evidence to be presented, but his past life will be searched for a flaw in the man's make-up which may prove a weak link in governing his decisions.

Difficulty Expected.

In view of the widespread discussion which the lengthy investigation of the murder has aroused throughout Fulton County, great difficulty is expected in securing men of unbiased minds.

Probably the first question to be asked each venireman when he takes the stand, after being sworn, will be:

"Have you formed and expressed any opinion in regard to the guilt or innocence of the prisoner at the bar?"

The negative answer to this question will but begin the examination of the prospective juryman. Since the crime of which the pencil factory superintendent is accused is punishable by death, the next question in importance, especially to the prosecution will be:

'Are you conscientiously opposed to capital punishment?'

By an affirmative answer to either of the two questions above, the venireman undoubtedly will be disqualified from jury duty.

Owing to the vast importance of the Frank trial, given impetus by its wide publicity, the great weight which will necessarily be assumed with jury service will not be looked favorably upon by most men, it is declared, and the ease with which by one answer this duty can be avoided, much difficulty is anticipated in securing the twelve men.

Each Minutely Examined.

Upon each man, however, who passes satisfactorily the two challenging questions of opinion and capital punishment, the opposing counsel will center their fire of penetrating questions.

Taken from the criminal code of Georgia, the following questions and provisions will govern the questioning in the witness chair of the prospective juryman:

"Have you, from having seen the crime committed, or having heard any of the testimony delivered on oath, formed and expressed any opinion in regard to the guilt or innocence of the prisoner at the bar?"

"Have you any prejudice or bias resting on your mind either for or against the prisoner at the bar?"

"Is your mind perfectly impartial between the State and the accused?"

If he shall answer these questions satisfactorily, he shall be adjudged and held a competent juror in all cases where the offense does not involve the life of the accused, but when it does, the following additional question shall be put to him:

"Are you conscientiously opposed to capital punishment?"

Judge's Word Final.

If he shall answer this question in the negative, he shall be held a competent juror, provided, nevertheless, that either the State or the defendant shall have the right to introduce evidence before the judge to show that the answers, or any of them, are untrue; and it shall be the duty of the judge to determine upon the truth of such answers as may be thus questioned before the court.

If a juror shall answer any of these questions so as to render him incompetent, or he shall be so found by the judge, he shall be set aside for cause.

The State or the accused may make either of the following objections:

That he is not a citizen, resident of the county.

That he is over 60 or under 21 years of age.

That he is an idiot or lunatic, or intoxicated.

That he is so near of kindred to the prosecutor, or the accused, or the deceased, as to disqualify him by law from serving on the jury.

20 Challenges for the Defense.

Every person indicted for a crime or offense which may subject him to death, or four years' imprisonment, may peremptorily challenge twenty of the jurors impaneled to try him. The State shall be allowed one-half the peremptory challenges allowed the prisoner.

Here is the complete jury list:

C. A. Virgin, B. R.

J. M. Defoore, E. P.

Bud Waits, C. P.

W. W. Sorrells, Hapeville.

Sol Benjamin, No. 348 Whitehall street.

P. H. Miller, Peachtree.

C. J. Bosshardt, No. 215 Bryan street.

W. S. Copelan, Oak Grove.

O. T. Camp, No. 309 Oakland avenue.

A. W. Brewerton, No. 45 West Peachtree place.

F. W. Stone, No. 82 East Linden street.

W. H. Dunne (not in directory), probably Wynne.

W. A. Abercrombie, Blackhall.

R. G. Elliott, Atlanta Agricultural Works, Glendale.

T. C. Lauren, No. 13 Decatur street.

L. E. Smith, Hapeville.

C. T. Hopkins, Jr., No. 403 North Boulevard.

W. D. Cates, South Bend.

R. F. Shedden, Mutual Life of New York, Grant Building, No. 20 East Linden Avenue.

T. G. Young, Georgia Railway and Power Company, No. 42 Loomis avenue.

D. D. Henry, No. 178 Oakland avenue.

Howard Oliver, B. R.

H. E. Lackey, No. 4 Rosedale avenue.

James F. Hast, Collins.

Alfred Barilli, Jr., Grant Building.

O. L. Spurlin, No. 156 Lawton street.

A. H. Henslee, No. 74 Oak street.

Thomas D. Meador, Imperial Hotel.

R. E. Biggers, No. 745 Glenn street, carpenter.

F. V. L. Smith, Empire Building, No. 481 Cherokee avenue.

R. L. Cliett, No. 58 Boulevard place.

H. R. Callaway, No. 691 Piedmont avenue.

A. J. Shide, No. 45 Lucy street.

F. A. Hull, No. 60 Milledge, No. 130 Grant.

Edward E. Hawkins, Collins.

H. D. Hurlbut.

S. J. Mc Dowell, No. 80 Waddell street.

W. W. Brown, No. 107 Peachtree place or No. 217 Glennwood avenue.

Edwin F. Johnson, Appeal Publishing Company, No. 176 West Peachtree.

J. L. Fulghum, Hapeville.

W. C. Willis, E. P.

H. C. Hasty, No. 261 Jones avenue.

George R. Law, No. 4 Whitehall street; residence No. 205 Ashby street.

F. M. York, No. 221 Cooper street.

A. H. Cook, No. 252 E. Georgia avenue.

Chas. H. Candler, No. 114 Elizabeth street.

George R. Wall, No. 139 Hill street.

S. C. Owens, East Point.

J. C. Henderson, No. 413 Piedmont avenue.

J. W. Heinsman.

D. M. Brown, College Park.

W. J. Brooks, No. 224 East Fair street.

R. J. Baldwin, Hapeville.

D. Townsend, 84 Whitehall terrace.

R. A. Thompson, No. 152 Ashby street.

C. C. Thorne, No. 135 East North avenue.

C. A. Vaughn, Collins.

R. A. Palmer, No. 68 Austin avenue.

Ben F. Wills, Cooks.

C. M. Patten, Hapeville.

Carl Weinmeister, No. 27 Elbert street.

S. L. Miller, No. 27 Fraser street.

Henry L. Solmonson, 71 Sells avenue.

C. S. Johnson, 140 Gaskill street.

L. A. Hendon, 91 West Fifth street.

W. S. Medcalf, not in directory.

Homer C. Ashford, 83 East Fifth street.

E. C. Wachendorff, 22 Willow street.

Nicholas Ittner, No. 234 Forrest avenue.

J. C. Harrison, No. 304 Capitol avenue.

W. H. Hudson, No. 304 Capitol avenue.

W. H. Hudson, No. 298 Myrtle street.

H. Maness, rooms No. 47 Bell street.

G. R. Jilner, not in directory.

John S. Head, Oak Grove.

C. H. Allen, not in directory.

V. N. Carroll, No. 1292-A Marietta street.

Robert Schmidt, No. 195 Angier avenue.

T. F. Barber, No. 281 East Georgia avenue.

H. B. Chamberlain, Peachtree district.

O. Wingate, No. 328 Edgewood avenue.

T. E. Winslow, No. 29 Boulevard terrace.

C. A. Withers, No. 15 Simpson street.

A. W. Wafford, not in directory.

W. F. Burdett, Buckhead.

H. H. Kelly, Blackhall.

M. A. Lang, not in directory.

John W. Bowin, Collins.

C. W. Gittens, Hapeville.

H. T. Ferguson, 332 East Georgia avenue.

W. L. Merk, No. 108 Grant street.

G. F. Hardy, No. 514 St. Charles.

F. E. Walker, No. 610 North Boulevard.

E. L. Connally, No. 53 Ashby street.

T. B. Sale, No. 136 North Moreland avenue.

Elmo Moore, E.

W. S. Gaston, No. 481 Whitehall.

C. L. Asbury, No. 44 Park avenue.

J. W. Chatham, rooms 132 Jones.

C. W. Seagraves, Collins.

J. A. Mc Cray, No. 78 East North avenue.

L. A. Helms, rooms 253 Forrest avenue.

T. J. Henderson, No. 25 Woodson.

L. F. Davis, No. 148 Bellwood avenue.

David Woodward, No. 635 Peachtree street.

J. E. Betterton, College Park.

J. H. Holcomb, Oakland City.

M. J. Sewell, East Point.

J. F. Higdon, No. 108 Ormond street.

F. E. Winburn, No. 213 Lucile avenue.

Charles Witherspoon, No. 23 Vedado way.

Walter H. Scott, No. 215 Gordon street.

H. J. Kuglar, South Bend.

T. J. Hale, South Bend.

J. P. Hays, South Bend.

A. L. Wisbey, No. 31 Hood street.

E. L. Winn, No. 1210 Peachtree street.

Joel Hurt, No. 85 Elizabeth street.

W. H. Abbott, No. 224 Rawson street.

K. P. Mason, Peachtree.

W. M. Jeffries, Collins.

Boyd Perry, No. 537 North Boulevard.

M. Johenning, rooms 161 Jones avenue.

M. S. Woodward, No. 182 Park.

Samuel Schoen, No. 214 Washington street.

W. F. Wingleton (not in directory).

Earl Davis, Collins.

C. F. Cantrell.

W. M. Donehoo, Buckhead.

John W. Woodruff, No. 58 Cooper street.

David W. Perdu, Collins.

George Mathieson, Buckhead.

S. J. Hayles, No. 20 Flat Shoals avenue.

John W. Alexander, No. 439 South Pryor street.

John W. Collier, No. 81 Washington street.

J. E. Redd (not in directory).

Y. R. Norris, Blackhall.

W. W. Hammett, No. 34 Decatur street.

A. F. Bellingrath, No. 91 Milledge avenue.

D. Berger, No. 380 Capitol avenue.

E. A. Massa, No. 305 East Fair street.

J. T. Osburn (not in directory).

J. H. Gilbert, South Bend.

H. H. Jones, 69 East Ashland avenue.

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PAGE 11, COLUMN 8

PINKERTON CHIEF IS SCORED BY LANFORD SAYS PIERCE BROKE HIS WORD TO POLICE

Detective Head Also Asserts Phagan Evidence Private Sleuth Unearthed Was Plant.

Chief of Detectives Lanford roundly scored H. B. Pierce, head of the Pinkerton Detective Agency in Atlanta, Saturday, for what he termed questionable procedure in connection with the Phagan murder investigation.

When application was made by the agency for permission to operate in Atlanta and the matter was under consideration by the Police Board, the promise was made that the Pinkertons would work in harmony with the city detective department and would co-operate in the apprehension of criminals.

This promise, according to Lanford, has been kept by all connected with the agency with the exception of Pierce. The Chief intimated that the Police Board would be asked to take action against Pierce personally.

Lanford Hints at "Plant."

"In the Phagan case Mr. Scott has reported to this department every day and has turned over all the evidence he has found," said Chief Lanford. "During his absence from the city a bloody stick and an envelope, supposed to have been that in which the money due Mary Phagan was placed, were turned over to the attorneys for the defense, and no mention of the fact made to the detective department.

"The place where these articles were reported to have been found had been searched by officers so thoroughly that it was an absolute impossibility for them to have been overlooked. In fact, a search for ten feet around had been made for blood spots.

"In addition to this, the insurance company had all the rubbish removed from this part of the building and the floor scrubbed afterward and before the articles were said to have been found. They were not there at the time, and if they were found there, as Mr. Pierce claims, they were placed there for a purpose.

Charges Breach of Faith.

"Mr. Pierce has not made good his promise (or the promise of his company) to the Police Board, and if the matter is taken up by the board, I will give them the facts."

The Police Board probably will take the matter up at its next meeting.

Harry Scott, who has conducted the investigation into the Phagan murder mystery for the Pinkertons since the services of the agency were engaged, was subpoenaed Saturday as a witness in behalf of Leo M. Frank by counsel for the factory superintendent. The detective previously had been served with a subpoena from Solicitor Dorsey's office.

Inasmuch as Scott's attitude almost from the first has appeared to be distinctly unfavorable to Frank, this move on the part of the defense was generally unexpected and was the cause of considerable surprised comment. Scott, however, is known to be in possession of facts that seem on their face damaging to the negro Conley, as well as facts that are being used to bring about the conviction of Frank.

"I wish it understood that I am wholly neutral in this matter," said Scott Saturday afternoon in remarking on the subpoena he received from the defense. "The investigation was made by the Pinkertons without fear or favor. We uncovered a large amount of evidence. Some of it was valuable. Some of it was worthless in the light of present developments. Some of it pointed strongly toward

PAGE 2, COLUMN 1

LANFORD SCORES NEW CHIEF OF PINKERTONS

the guilt of Frank. Other evidence could be interpreted as very damaging to the negro.

"Our function is to present all of this evidence as it is called for in court, regardless of whom it may help or hurt. We may have our private opinion as to who is the guilty person, but this shall not be allowed to color the testimony as it is given in court. It is for the jury to make its interpretation of the evidence."

Defense Gets Copies of Notes.

Request was made Saturday by Attorney Rosser for photographic copies of the notes found beside the body of Mary Phagan. The copies were in the possession of Solicitor Dorsey, who readily acceded to the request. The defense will seek to show that Frank could have had no part in their composition or dictation.

The State's case is reported to be ready for immediate presentation. All of the witnesses have been summoned. All of the panel of 144 jurors, with the exception of six or seven who could not be found, have been notified to be on hand Monday.

Both Sides Getting Ready.

Prosecution and defense continued their preparations for the Frank trial, the last-hour hurry of interviewing new witnesses and gathering up the stray ends of evidence, giving a fair promise that the trial will start as scheduled next Monday forenoon.

That Solicitor Dorsey has nearly a score of important witnesses whose testimony has been carefully guarded from the defense and the general public is well known. These witnesses have come to his office from time to time, and the Solicitor has refused to give out the vaguest intimation of the line of testimony they would give at the trial.

The prosecution has reserved their evidence to spring as a surprise during the trial. On these persons the State depends to clinch its case against the young factory superintendent. Some of them will be called to bear out different portions of the negro Conley's affidavit, in which was told the story of the disposal of Mary Phagan's body. The Solicitor is understood to have witnesses who will corroborate portions of Conley's story which have been under the severest fire.

Thinks Conley Story True.

The Solicitor several times has announced that he believes Conley is telling the truth in the essential statements of his affidavit. He has strengthened his belief by interviewing many people who were in a position to know of different circumstances mentioned in Conley's story. The only possibility of an alteration in the State's theory is that the time element may be modified in certain respects.

Similar surprises may be expected from the defense. Attorney Rosser has not been communicative with the newspaper men. The few bits of his evidence that have become known to the public were obtained in spite of him. Except for the Mincey affidavit, published in The Georgian, most of the important evidence of the defense has been so carefully guarded as to make it still a matter of conjecture. The general plan of Frank's defense can be surmised, but the contents of the hundred or more affidavits in the possession of Attorney Rosser remain a deep mystery.

"Plant" Generally Suspected.

No one expects at this time that the pay envelope, the bloody club or the piece of rope found on the first floor will play any large part in the trial. Neither side is convinced of their genuineness. The suspicion of a "plant" has prevailed from the time of their discovery.

According to Bernard Chappelle, counsel for Newt Lee, the night watchman in the pencil factory, the negro Saturday denied in the presence of Reuben R. Arnold, attorney for Frank, that he had broken down and admitted catching Jim Conley with the body of Mary Phagan.

Chapelle had heard that Frank's counsel understood Lee had collapsed while being grilled with the sweeper and called up Mr. Arnold. At his suggestion, Arnold visited Lee at the jail and there Lee is said to have reaffirmed his previous statement that he did not see Conley the day of the murder.

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PAGE 16, COLUMN 2

CHAPTER 5 IN PHAGAN CASE

The Negro Conley's Confession That He Was Frank's Accomplice and Events Leading Up to Trial.

CHAPTER VI.

"He (Leo Frank) told me that he had picked up a girl back there and had let her fall, and that her head had hit against something he didn't know what it was and for me to move her, and I hollered and told him the girl was dead!"

With this startling accusation Jim Conley introduced his third confession. Under the rack of a merciless third degree, continued through the long afternoon of May 29, he weakened or became desperate toward the last and came out with his remarkable affidavit, which laid the responsibility for the killing of Mary Phagan directly upon the shoulders of the young factory superintendent.

Either it was all true or all false. If it were true, the negro simply had wilted under the ceaseless fire of the detectives' questions and had decided to own up to his share in the crime and to seek to protect Frank no longer. If it were false, Conley, driven to bay, had, as a forlorn hope of saving his own neck, concocted the marvelous tale to thrust the suspicion of guilt upon the innocent Frank.

Defense Attacks Confession.

The latter is the theory of Frank's lawyers, and they will advance it and bring evidence to support it and argue in its favor with all the ability at their command when the trial, set for next Monday, is under way.

"Why, when the negro admittedly has told a long series of falsehoods and has perjured himself repeatedly since his arrest should this last weird tale of his be taken as the gospel truth?" is the question they ask, and apparently with some degree of reason.

True or false, the negro's story was wonderfully impressive to the thousands who read his damning accusations against the factory superintendent next day. If the affidavit were a fabrication of the negro's guilty mind, it was most cleverly and shrewdly conceived. There was just enough detail to his narration of how he had assisted Frank to dispose of the body to give the statement the color of naturalness and verity, and not such an overabundance as to lead to the suspicion that the incidents were being manufactured in the brain of the narrator.

Negro Sticks to Story.

If Conley's story of the alleged part he had in the killing of the little factory girl was dramatic, his re-enactment next day in the old factory building of every detail of his astounding story was infinitely more so.

While a group of police officials, detectives, factory attaches and newspaper men followed him closely about the second floor, down the elevator, into the basement and back again, listening, spellbound, to his every word, the negro reproduced, movement by movement, every detail of the grewsome work in which he said he had had only a part.

Unhesitatingly almost unconcernedly he started from the point where he said he came upon the body, in the rear of the second floor near the metal department. Except for an occasional question from Chief Beavers, Chief Lanford or Harry Scott, he told his story without prompting.

Re-enacts Ghastly March.

"There's where she laid," he said, pointing to a narrow passageway, and he dropped down on the floor to show exactly the position of Mary Phagan's body as he had said he found her. He lay partly on his face, with his right leg slightly drawn up.

"Why, this girl's stone dead!" he declared he yelled to Frank in the first fright of his discovery. "Mr. Frank was standing in the doorway right there. He told me to get a sack and put her body in that."

Then the negro showed where he found the crocus bagging in which his affidavit said he carried the body. He made as though he were carrying a heavy weight on his shoulders, and pointed out where the burden of the dead girl's body became too heavy for him. He said he called on Frank to help him. The superintendent, he said, came, cursing him for his clumsiness.

But Frank was nervous, Conley asserted, and himself dropped the feet of the little girl when they had proceeded but a few steps farther. The negro proceeded to the elevator, where he said he waited for Frank to get the key, described the trip to the basement and his carrying of the body to the trash heap at the rear while Frank, he said, watched at the little trapdoor to see that no one interrupted them.

Tells of Writing Notes.

Conley said that he ran the elevator returning, and that Frank got on at the first floor.

"Gee, that was a tiresome job," Frank said, according to the negro.

"Then Mr. Frank hops off the elevator before it gets to the second floor," he continued, "and he makes a stumble and he hits the floor and catches with both hands, and he went around to the sink to wash his hands, and I went and cut off the motor and I stood and waited for Mr. Frank to come from around there washing his hands, and then we went into his office, and Mr. Frank he couldn't hardly keep still."

Conley then described the writing of the notes, which he had maintained from the time of his first affidavit had been dictated to him by Frank.

Conley went through the grim drama with a realism that was convincing. His readiness, his unfaltering course from the second floor to the basement and back again, his prompt explanation of every puzzling point that arose, his quotations of alleged conversations that occurred between Frank and himself all quite erased from the memory the confessed fact that he had just been guilty in his two previous affidavits of the grossest falsehood. For the moment everyone was willing to believe the negro implicitly.

Suspicion Again Aroused.

But a sober second thought after the strange spell of his acting had passed away aroused the suspicion that there was a possibility of this third affidavit, too, being a perjury and this wonderful acting being a product of the black man's vivid imagination, spurred on by the shadow of the gallows across his path.

Since this dramatic event at the factory, the negro has not changed his story in any essential point, the detectives say. It is possible that the authorities are so sure of the truth of his tale that they are making no serious efforts to gain further admissions from him. They deny that this is a fact. They declare that when with the negro they have worked on the theory that he may be the actual criminal, and many times have put him through the third degree in an effort to get another confession out of him.

Many inconsistencies have been found in Conley's story. Many apparent deviations from truth have been pointed out. A number of statements conflicting with the testimony of other witnesses were made. But it remained for William H. Mincey, school teacher and insurance agent, to give the negro the lie direct and to charge him with the crime.

Mincey Affidavit a Bomb.

Next to the story of Jim Conley himself, the affidavit of Mincey, accusing the negro of the boast of killing a girl, was the most sensational of the entire Phagan mystery. In the point of direct accusation, it even surpassed the tale of Conley.

Events of importance have occurred in the case through June and July up to the present, but the statement of Mincey overshadowed them all.

Minola Mc Knight, negro cook, grilled in what Mrs. Frank, wife of the accused factory superintendent, was pleased to term "the detectives' torture chamber," signed her name to an affidavit which told of incriminating incidents at the home of Frank the night of the murder and the next morning. Within a few hours after she had been liberated from the police station she denied to a Georgian reporter that she ever had made the statements accredited to her in the so-called affidavit.

Foil Plan to Move Conley.

An effort was made to get Conley away from the detectives by having him removed to the Tower. This attempt was frustrated in a proceeding characterized by Attorney Rosser as farcical in the extreme. Frank's counsel charged that the detectives were afraid to let Conley talk.

Strength was added to the defense in June by the addition of Reuben Arnold, one of the city's noted criminal lawyers, to Frank's counsel. Arnold said in making the announcement that he was to aid in the defense declared that he had reviewed the evidence carefully and had become convinced that Frank could not be guilty of the crime.

Habeas corpus proceedings to obtain the freedom of Newt Lee, held in the Tower since his commitment soon after the murder, were brought by the attorneys for the negro, but failed, except in changing Lee's status and procuring for him more privileges.

Charges Death Boast.

On July 10 The Georgian published the startling charges of Mincey which were contained in an affidavit in possession of the defense. Four days later The Georgian got from Mincey, who was teaching school at Rising Faun, Ala., his own story of his conversation with Conley in which he declared the negro on the afternoon that Mary Phagan was slain had bragged of killing a girl.

Mincey for a short time was an agent for the American Insurance Company, of No. 115 1-2 North Pryor street. He was assigned a district west of the Terminal Station. He declared in his affidavit that he worked in the office until noon on April 26, and in the afternoon went on Peachtree street and saw the parade. Later he said he went over beyond Davis street on "back calls" and to make an effort to close some prospects.

Mincey saw Conley, he asserted, sitting by the house situated on the bluff at the junction of Electric avenue and Carter street. According to Mincey, the negro appeared to be asleep, but as the agent passed by Conley raised his head and shouted: "Who is that?"

"It's a 'policy man,'" said a negro woman who was going by at the time.

Says Conley Was Excited.

"I stopped and got into a conversation with the negro about insurance," said Mincey in his formal statement to The Georgian.

"He told me his name was Jim Conley. He told me that he lived at No. 172 Rhodes street. I saw there was something wrong with him. He was nervous and excited and tried to put me off by telling me to come to No. 172 Rhodes street next week and he would take insurance.

"He told me he was in trouble. I asked him if they had had him in the jail or stockade. He said no, but that he was expecting to be in jail aned that right away. I asked him what for.

"He said: 'Murder; I killed a girl to-day!'

"I started down toward him.

"He said: 'I tell you not to come down here.'

"When he saw that I was coming anyway, he jumped up, and as he went around the corner of the house he said: 'I have killed one to-day and I don't want to kill another.'"

Believed It Idle Brag.

Mincey went on to relate that he had not attached much importance to the incident at the time, thinking that the negro was boasting of some negro scrape in which he had been involved. When he read the papers the next Monday, however, he was struck with the conviction that Conley was the man who committed the murder.

He said that he went to the factory the next day, but that everything was so confused and chaotic that no one would listen to his story, and he was almost chased out of the building along with a score of others who were offering the detectives and factory officials suggestions and clews.

Before he left he gained the ear of E. F. Holloway, day watchman, but Holloway told him that there were no negroes about the building before 4 o'clock, so far as he knew, and Mincey departed.

When Conley came out with his admission that he not only was in the factory the day of the crime, but that he was skulking in the shadows of the first floor when Mary Phagan and others entered the building, the tale of Mincey took on new importance. He was taken to the office of Attorney Rosser and there his statement was transcribed.

Story Causes Turmoil.

The publication of his accusations created great excitement in detective circles. Harry Scott, Pinkerton detective, rushed to the police station, where he made the declaration that Mincey never told them a story of that sort when he came there to identify Conley. He added that Mincey had appeared far from confident that day that Conley was the man he had talked to Saturday afternoon, April 26.

Chief Lanford scouted the story and said he believed it to be a baseless fabrication. He hardly thought the defense would call Mincey to the witness stand when the trial actually began. Solicitor Dorsey set out at once to make an investigation of the story. He looked up Mincey's history in every place he had lived in Georgia. He also was the recipient of many letters concerning the insurance agent-teacher. At the end of a week he announced that he believed he would be able to discredit the affidavit.

Subsequent developments are recent history. June 30, the date originally set for the trial, approached, there were well-authenticated rumors that a postponement would be granted. Judge L. S. Roan, who will preside at the trial, was present at a conference of the attorneys June 24, and by agreement between counsel set the date for next Monday, July 28.

Conley Indictment Urged.

With the publication of the sensational charges of Mincey came a demand for an investigation of Conley's part in the crime by the Grand Jury. The demand was made on the ground that, if the negro were guilty, he should not go into the trial with the credibility of a free man, when it would be a natural supposition that the most natural thing for him to do would be to testify against Frank in order to shift the blame from his own shoulders, where it belonged. It was argued that Conley should have exactly the same status as Frank.

Solicitor Dorsey bitterly opposed a movement of this sort. He said that he would fight it to the last. He declared he had sufficient evidence to convict the factory superintendent and that he was confident of his guilt.

Over the Solicitor's head, Foreman W. D. Beatie called a meeting of the Grand Jury, on the request of many of its members. The Solicitor was asked to be present when the jurors met July 21. No other witnesses were called. The Solicitor for an hour and a half detailed his reasons for not desiring the indictment of Conley. At the conclusion of the session it was announced that no action would be taken on the negro's case at that time.

Dorsey Balks Postponement.

The next skirmish came on the proposal again to postpone the trial. The Solicitor again set himself in opposition to this plan, declaring that the State had been prepared to go ahead since June 30 and that there was no valid reason apparent why it could not go on when called July 28.

Frank will go on trial for his life next Monday if no motion for a continuance is successful. The present indications are that no effort will be made for a postponement. Witnesses are being summoned by both sides; the judge has expressed his opinion that the trial will proceed, and the venire has been drawn.

The young factory superintendent will go before the tribunal expressing confidence in his acquittal. Through the three months that he has been imprisoned in a cell at the Tower his optimism never has left him for a moment. He is one of the most remarkable prisoners ever in the county jail. He has been assured and confident. He has talked little of the crime, even among his friends. He has read the papers and magazines closely. When he has been visited by his wife and other relatives, the conversation invariably has been on cheerful subjects. He has refused to be drawn into a discussion of the mystery with the reporters.

"The guilty man should hang," the remark he made when told of Conley's third confession, is practically his sole comment on Atlanta's greatest murder mystery.

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PAGE 57, COLUMN 1

MARY PHAGAN'S MOTHER TESTIFIES

Newt Lee Repeats His Story in Court Room

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PAGE 57, COLUMN 7

NEGRO WATCHMAN SWEARS FATHER ACTED ODDLY DAY OF CRIME

Here are the important developments in the trial of Leo M. Frank for the murder of Mary Phagan.

Jury chosen at 1:30 p. m.

Mrs. Coleman, girl's mother, takes stand after recess, at 3:15, and tells of Mary leaving for the factory 11:45 a. m. on April 26.

George W. Epps, boy companion of Mary Phagan, repeats his story that he had an engagement to meet her on the afternoon of the fatal day.

Newt Lee, night watchman at the factory, tells his story of the finding of the body and subsequent developments.

Mrs. J. W. Coleman, mother of murdered Mary Phagan, was the first witness for the prosecution at the trial of Leo Frank Monday afternoon. After answering several questions she broke down completely when the solicitor exhibited the little lavender skirt worn by her daughter when she last saw her alive. She covered her face with a fan and for several minutes could not answer a question.

The first question asked her was:

"What is your name?"

"Mrs. J. W. Coleman."

"When did you last see Mary Phagan alive?"

"April 26 at 11:45."

"What was she going to do when she left home?"

"She was going to the pencil factory to draw her pay."

Not Yet 14 Years Old.

Q. What did she eat before leaving? A. Cabbage and bread.

Q. What was the age? A. Nearly 14 years.

Q. Was she pretty or an ugly girl? A. She was very pretty.

At this point Mrs. Coleman's voice began faltering.

Q. Did she have dimples in her cheeks? A. Two pretty ones.

Q. What did she wear when you saw her the last time? A. A lavender dress trimmed in lace.

Shows Victim's Dress.

Here Solicitor Dorsey took a large suitcase from the floor and opened it, and laid before the witness the clothes taken from Mary Phagan's body. It was then that Mrs. Coleman broke down and no more questions were asked for several minutes.

Between sobs, Mrs. Coleman identified the clothes of Mary Phagan, which were laid at her feet. Deputy Miner gave her a glass of water. Solicitor Dorsey closed his questioning and Mr. Rosser took up the cross-examination.

Q. What trimming was on Mary's hat? A. Pale blue ribbon and some small pink flowers.

Q. How far do you live from the car line? A. Two blocks.

Boy Accompanied Her.

Q. Is there a store there? A. Yes.

Q. Who kept the store? A. Mrs. Smith.

Q. Do you know that Mary caught a car immediately leaving home at 11:45 o'clock? A. Yes, she caught a car in five or seven minutes.

Q. Do you know the boy who was with her? A. Yes, Epps.

Solicitor Dorsey objected, desiring to know who the boy was and what about him.

"It is necessary for me to know the relation between little Mary Phagan and this boy," answered Mr. Rosser.

"I don't know what's on his mind," declared Dorsey. "We ought to know if he intends to endeavor to impeach this witness."

"We are simply trying to find how Mary Phagan regarded this boy."

The cross-examination was resumed.

State Objects Again.

Q. Isn't it true that Mary told you that she detested Epps that she didn't like him?

Dorsey objected again and Attorney Rosser withdrew his question.

Q. Didn't you tell L. P. Whitfield that Mary told you she detested Epps?

PAGE 57, COLUMN 8

FRANK JURY.

Here is the Frank jury complete:

A. H. Henslee, 74 Oak street, salesman.

F. V. L. Smith, 481 Cherokee avenue, manufacturers' agent.

J. F. Higdon, 108 Ormewood avenue.

F. E. Winburn, 213 Lucile avenue, claim agent.

A. L. Wisbey, 31 Hood street, cashier of the Buckeye Oil Company.

W. M. Jeffries, a real estate man, with offices at 318 Empire building.

Marcellus Johemming, 161 James street, a machine shop foreman with offices at 281 Marietta street.

M. L. Woodward, cashier King Hardware Company, 182 Park avenue.

J. T. Osburn, an optician for A. K. Hawkes, was chosen from the fifth panel to be the ninth juror.

D. Townsend, 84 Whitehall Terrace, cashier Central Bank and Trust Corporation, tenth juror.

W. S. Medcalf, 136 Kirkwood avenue, circulation man.

C. J. Bosshardt, pressman, employed by Foote & Davies, 216 Bryan street.

Objection again by the State, claiming that the question was immaterial and was mere hearsay.

Rosser said: "I am going to show the improbability of Mary Phagan making an engagement to meet this boy Epps."

Objection was overruled.

Says Girl Made Remark.

Mrs. Coleman finally replied that she thought Mary had made that remark.

Mrs. Coleman was excused with the intimation that she might again be called to testify.

Following Mrs. Coleman, George Epps was called to the witness stand. Solicitor Dorsey opened the questioning.

Q. Where do you live? A. No. 246 Ross street.

Q. How old are you? A. Fourteen.

Q. How long have you known Mary Phagan? One year.

Q. When did you see her last alive? A. Saturday morning, April 26.

Q. Where were you? A. I came to town with her.

Q. Where did you catch the car? A. At Lindsey street.

Q. What time? A. Ten to twelve.

Q. What time did you leave her?

PAGE 58, COLUMN 1

FRANK ASSISTS HIS ATTORNEYS IN ELIMINATING VENIREMEN

Wife Sits With Dagger-Like Gaze on the Prosecutor of Her Husband

ACCUSED CLOSE WATCHER AS THE MEN WHO ARE TO DECIDE FATE ARE PICKED

*Continued From Page 1.*

A. Seven minutes past twelve.

Q. Did you ever see these clothes (indicating the clothes)? A. She had them on when I left her.

Q. Where did she say she was going? A. Right to the factory to draw her pay.

Q. Did you expect to meet her again? A. She said she would meet me at 2 o'clock to see the parade. I left her at Forsyth and Marietta streets at 7 minutes past 12. She was going to the factory then.

Rosser Takes Up Quizzing.

Q. What did she say about Frank?

Objection was made by Attorney Rosser. The objection was sustained.

The State then turned the witness over to the defense. Rosser took up the questioning.

Q. How do you know the time? A. I saw a clock at Oliver street, right after I got on the car. It was about 10 minutes to 12.

Q. When did your mind first get on the clock? A. They kept asking me about it, and I finally recalled it when I testified at the Coroner's inquest.

Got Off Car Where He Did.

Q. Where were you at about 12 o'clock? A. I don't know exactly where the car was.

Q. How do you tell the time when you can't see a clock? A. I tell by the sun.

Q. Can you come pretty close? A. Yes.

Q. Are you sure Mary Phagan got off the car with you? A. I am certain. She got off when I did.

Q. What were you doing between 2 and 4 o'clock? A. I waited for Mary Phagan to meet me at the Elkin Drug Company.

Waited for Her Until 4 p. m.

Q. You said she was going to meet you at 2 o'clock? A. Yes, but I hadn't finished selling my papers and kept waiting for her.

Q. You waited at that corner all this time? A. I never left there until 4 o'clock.

Q. What did you do then? A. I went to the ball game and finished selling my papers there.

Q. When did you see Mary Phagan again? A. The next morning at the pencil factory.

Epps was then excused and Newt Lee called to the stand.

Lee Begins His Story.

Lee is the negro night watchman at the pencil factory who discovered the body of Mary Phagan in the basement of the building. After being sworn, Solicitor Dorsey questioned him:

Q. What is your name? A. Newt Lee.

Q. What was your business? A. Night watchman at the National Pencil Factory.

Q. How long were you there? A. Three weeks.

Q. Where were you night watchman before? A. At the other place.

Q. Do you know Mr. Frank? A. Yes.

Calls Frank "Head Foreman."

Q. What was his position? He was head foreman.

Q. You mean superintendent? A. Yes, something like that.

Q. What instructions did Mr. Frank give you? A. He told me Friday to come back at 4 o'clock on Saturday. He said he wanted to get away.

Q. What time did you get there? A. A few minutes before 4 o'clock.

Q. What time were you accustomed to coming on Saturday? A. Five o'clock. Saturday at 12 o'clock he always gave me a key and I returned the key on Monday morning.

Door Was Locked.

Q. How did you find the door on the Saturday afternoon of April 26? A. It was locked on that Saturday.

Q. How did you know it? A. I took my key and unlocked it.

Q. What did you do after that? A. I went up to the second floor with a sack of bananas.

Q. What else did you do? A. I sat my bananas down and said: "All right, Mr. Frank."

Q. What did he do? A. He busted out of the office.

Q. Did he ever come out that way before? A. No, when I went in he always hollered to me from his office.

Q. What was he doing when you text continues, cut off... time did he do it slower or quicker than before? A. He sort of fumbled it.

PAGE 58, COLUMN 3

OPPOSING LAWYERS IN FRANK CASE.

LUTHER Z. ROSSER. SOLICITOR HUGH DORSEY.

REUBEN R. ARNOLD.

FRANK A. HOOPER.

Q. Do you know how to fix a time slip? A. No, I never fixed one in my life.

Tells of Seeing Gantt.

Q. Did you see Mr. Gantt that day? A. Yes, I saw him down at the door a little after 6 o'clock. He said he wanted to get some old clothes.

Q. Did you see Mr. Frank? A. Yes, Mr. Gantt went in. Mr. Frank came busting out and run into Mr. Gantt. He looked like he was surprised and jumped back.

Q. What did they say to each other? A. Mr. Gantt said he wanted to get his shoes. Mr. Frank said he thought the boy had thrown them into the trash basket. Mr. Gantt asked what color they were. Mr. Frank said they were tan. Mr. Gantt said his were black.

Q. What did Mr. Frank do then? A. He dropped his head and said for me to go up with Mr. Gantt to get the shoes.

Q. What did you find? A. We found black shoes and tan shoes.

Frank Called Him.

Q. Did Mr. Frank call you over the 'phone that night? A. Yes, he called me about 7 o'clock.

Q. What did he say? A. He said: "How is everything?" I said everything was all right. He said "Good-bye."

Q. Did you hear from him any more? A. Not until Sunday morning.

Solicitor Dorsey then exhibited a diagram of the scene of the crime, drawn by Bert Green, the Georgian staff artist. By this diagram Lee explained the lighting system of the building.

Veniremen Keenly Watched.

Q. What did Frank tell you about the lights? A. Frank told me to keep the lights on the street floor burning bright so that officers could see in. I always lighted up on Saturday at 5 o'clock.

Q. What about the basement lights? A. He told me to keep it burning bright all the time.

Left Lights Burning Brightly.

Q. How did you leave it Saturday morning when you left the factory? A. It was burning bright.

Q. How was it when you saw it again Saturday evening? A. Have you ever seen a lightning bug when you knock him down in the grass? Well, it was just about like that.

Q. What did you do? A. I went down and turned it up.

Q. What time did you make your rounds? A. Regular on the hour and half hour.

Q. Did you make them regularly Saturday evening and night? A. I never missed a one. I had a peg I put in the hole and I am sure I never missed a punch.

Knows Nothing of Elevator.

Q. What about the elevator? A. I didn't know nothing about that.

Q. What about the street door and the office door? A. They were closed.

Q. What kind of doors were they? The kind you pull down.

Q. Was it your duty to close those doors if they were open? A. Yes.

Solicitor Dorsey here asked Lee to tell the jury in his own words of going into the basement at 3 o'clock and telling what he found there.

Q. Just how did you get up to the body? A. I couldn't tell you just how I did get up to that body, but I did get up there.

Q. What did you do there? A. I called up the police after I tried to get Mr. Frank, who I was trying to get when the police came.

Tried to Call Frank.

Q. When was the last time you punched the clock just? A. At 3 o'clock, just before I found the body.

Q. When did you see Frank again? A. Not until after the police had arrested him the next day.

Q. How long did you try to get Frank? A. About eight minutes.

Q. How many times? A. One time.

Q. Did it take long to get the police? A. No, they answered as soon as I called.

Q. What time did you see him the next day? A. I don't know just what time.

Q. Where were you? A. At the factory.

Frank Said Nothing.

Q. What did Mr. Frank say? A. He didn't say nothing, just hung his head.

Q. Was there an examination of the clock? A. Yes, sir.

Q. Who examined it? A. Mr. Frank did. Mr. Darley was standing there.

Q. What did he say? A. He said it was all right.

Q. What did that mean? A. That meant that I had made all the punches every half hour from 6 o'clock.

Q. Did you see a pencil in that clock? A. Yes, I put it there the second Sunday night I come to work there so that I could punch right.

Q. Was the time slip all right? A. I don't know.

Q. You have never been at liberty since, have you? A. No, sir; they grabbed me and said I did it as soon as I showed them the body.

Q. When did you see Frank again after that? A. We went to the station in the same automobile.

Q. Did you have a conversation with him the next Thursday night? A. I don't know what night it was, but they took me out of my cell and said they were going to let me and Mr. Frank have it out. They handcuffed me to a chair before he came.

When he came, I told him it was mighty hard to be handcuffed to a chair about something I didn't know anything about. He said: "What's the difference." "Well," I said, "Mr. Frank, I don't know nothing about it, except finding the body." "Yes," he said, "if you keep that up, we both will go to hell."

Q. What did you say then? A. The police came in then.

Q. Were you willing to come back to the factory that Saturday at 4 o'clock? A. I told Mr. Frank Saturday was my shortest day, but I agreed to come back early.

Q. What was Mr. Frank's manner when you came in that Saturday afternoon? A. Well, I never noticed his face, but he was rubbing his hands like he was worried.

Takes Witness.

At this point the State rested their examination of Lee and he was turned over to the defense for cross-examination. Mr. Rosser lead with the questioning for counsel for Frank.

Q. Did you testify at the Coroner's inquest? A. I testified before something.

Q. How many times have you told this to Mr. Dorsey? A. One time.

Has "Good Recollection."

Q. How many times did Mr. Black go over this statement with you? A. I don't know; there have been so many I don't know them all.

Q. You have told this story many times, haven't you? A. Yes, sir.

Q. Have you always told it the same way? A. Yes, sir; I got a good recollection.

Mr. Rosser was here insistent to know if Lee told about Frank appearing frightened when he met Gantt. He asked the negro if he didn't say Frank had said he gave the pair of shoes to a boy. Lee maintained that there were no contradictions in his statement.

"No, sir," he said, "you got that wrong."

Q. How many Saturdays were you at the pencil factory? A. Four.

Q. What time did you usually get there on Saturday? A. At 12 o'clock, to get paid.

Q. Did you stay there after that?

A. No, I got my keys and went away until 5.

Tells How He Called Frank.

Q. Your sleep was broken at 12 o'clock every Saturday except this one, was it not? A. Yes.

Q. The first Saturday you were there what was Mr. Frank doing? A. I don't know. I would have hollered to him, but he saw me and checked me in.

Q. How many times did you holler at him? A. Three, Saturdays.

Q. What did you holler? A. All right, Mr. Frank.

Q. What would he say? A. He would just come out of the office.

Q. How far away? A. About fifteen or sixteen feet.

Q. No closer than that? A. It might have been a little closer.

Q. Isn't it true you told the Coroner that he had his head bound and was rubbing his hands? A. I did.

Compares Former Testimony.

Q. Let's see if that is what you said. (Rosser examines testimony before Coroner.) A. I can't tell what you got there.

Q. You said Frank told you to go out and have some fun. A. That's wrong; he said have a good time.

Q. You never said anything before the Coroner about there being a place to sleep? A. I told him there was, but they never asked me where it was.

Q. If the front door was locked, could you get into the basement from the first floor? A. Yes.

Q. If the office door was locked, could you get into the basement without using the elevator? A. No, sir.

Q. When you came back the last time, if Mr. Frank was in his office, could any one have gone anywhere in the factory without Mr. Frank seeing him or knowing him? A. Yes, if he didn't hear him.

New Line of Questioning.

Q. If Mr. Frank was in his private office, and the front door locked, could anyone go over that whole factory without him knowing it? A. I don't know, sir.

Q. Well, you did do it the Saturday before, didn't you? A. Yes, sir, I did.

Q. All the shutters in the factory except a few on the first floor near the front were closed, were they not? A. Yes, sir.

Q. There was a light burning on the second floor near the clock, was there not? A. He told me to go there every little while to look after the fires.

Q. Mr. Frank thought you went there every half hour?

When Lee did not answer, Solicitor Dorsey interrupted, saying that he did not want the negro committed by silence.

Lawyers in Clash.

"We want silence some times," said Mr. Rosser; "sometimes it's more powerful. I am asking these questions and silence is one of my privileges. For the prosecution to interrupt is deliberately obstructing the testimony without intending to."

"I will make him answer," said Solicitor Dorsey, "when I get him."

"Yes," said Mr. Rosser, "I know you will. Probably you can get him to answer better than I can."

"I want the truth," rejoined Solicitor Dorsey.

"Yes, we all do in our partisan way," replied Rosser.

Q. You watched Gantt get away and you knew Mr. Frank was uneasy about him being there? A. Yes, sir.

Q. They had had a difficulty, hadn't they? A. Mr. Frank told me he had discharged Mr. Gantt and he didn't want him around.

Q. That is why you thought Mr. Frank was frightened when you met him? A. Yes, sir.

Q. Gantt is a big fellow, isn't he? A. Yes, about 7 feet.

Q. You went over the building every half hour and into the basement a few feet from the ladder? A. Yes, sir, except in the basement. I went there every hour.

Q. If you wanted to find whether the door at the rear was closed, you would have passed the body? A. It was shut when I found the body.

Q. Did the police find it open? A. They said they did.

Solicitor Dorsey objected to the form of Mr. Rosser's questions and was sustained.

Q. The police got there in about eight minutes? A. I don't know. I said all the time I didn't know how long it took them.

Light in Alley, He Says.

Q. You didn't get any closer to the basement door than the body was? A. No, sir.

Q. Could you have seen out of the back door? A. Yes, if it was open.

Q. Are you positive about the door being closed? A. Yes; there was a light in the alley and I could have seen it if the door had been open.

Q. Did you go as far as the body before you found it that night? A. Not until 3 o'clock, when I found the body.

Q. Why didn't you see the hat and shoes as you went along? A. I don't know. I just didn't see them.

Court was then adjourned at 5:12 with Newt Lee still on the witness stand. He will be placed on the stand again when court opens at 9 o'clock Tuesday morning.

Leo M. Frank was back in the county jail twenty minutes after the conclusion of the first day's hearing in his trial. The calmness which had characterized his appearance all day was still with him and he smiled as he said good-bye to the friends who accompanied him to the Tower in company with Sheriff Mangum.

Newt Lee was returned to the county jail a few minutes before Frank. The negro has been a model prisoner and while kept under the eyes of a special guard all day consideration was shown him in many little things.

All the force of attorneys at the table for the defense watched with keen eyes every man examined for the jury, and frequently referred to a voluminous record containing the names of all the veniremen and detailed statements of their history and associations so far as these might have a bearing on their desirability as jurors to pass on Leo Frank's guilt or innocence.

The keenest interest was manifested by those in the crowded little courtroom as the strategies of the brilliant lawyers were revealed during the examination.

State Had Veniremen's Records.

The thoroughness with which the Solicitor and his assistants had canvassed the history of every venireman and had investigated whether or not he had ever expressed an opinion on the guilt or innocence of the accused was demonstrated when W. W. Hemmett, a salesman for the Kingsbury Shoe Company, was being examined as to his qualifications.

"Have you ever said you thought Frank was guilty?" Mr. Dorsey inquired.

"No, I never have," replied Hemmett.

Here the Solicitor referred to some notes at hand and proceeded to call to Hemmett's recollection a certain talk he had with acquaintances at a certain time. Hemmett was forced to admit that he had talked of the case at that time, but declared that he had not expressed a definite opinion.

"I only said I would have to hear some evidence before I would believe Frank was guilty," he told Judge Roan.

He was rejected for cause.

Defense Equally Alert.

The defense showed that it was exactly as vigilant when the next venireman was examined. As soon as A. L. Bellingrath, of No. 91 Milledge avenue, arose from his seat, Attorney Arnold was on his feet prepared to state the objection of the defense. He pointed out that Bellingrath was the brother of Henry Bellingrath who has been employed in the Solicitor's office during the Phagan investigation and that he was reported to have expressed an opinion on the guilt of Frank.

A shrewd bit of strategy was used by Solicitor Dorsey and Attorney Hooper in accepting the two negroes whose names were among the veniremen.

By doing this they forced the defense to use up two of their twenty challenges if they did not desire to have negroes on the jury. With Jim Conley, a negro, likely to be indicted for the murder in the event that Frank is cleared, the defense had no intention of allowing them to pass on Frank's guilt and promptly struck them. The two negroes were Earl Davis and E. E. Hawkins.

May Summon Reporters.

When court opened for the afternoon session, Attorney Arnold announced:

"We may want to use some of the members of the press as witnesses. I don't want to put them under the court rule which would exclude them from the courtroom."

Solicitor Dorsey hereupon arose and said:

"All right, but I want to reserve the right to do so at a later date if necessary."

Defense Loses First Clash.

The attorneys for Leo M. Frank lost out in their first skirmish with the prosecution, being compelled to read their list of witnesses against their wishes and their vigorous protests.

They evened up matters by obtaining from Solicitor Dorsey the concession of honoring the subpenas duces tecum issued by the defense and demanding the production in court of all the affidavits of Jim Conley. After a short passage between Attorney Arnold for Frank and Solicitor Dorsey that the list must be read, the judge ruled, and the list was read by Attorney Stiles Hopkins.

The list included employees of the National Pencil Factory, where the murdered girl worked; members of Frank's immediate family, and other relatives and associates of the accused man, members of the same fraternal orders, acquaintances who saw Frank on the day of the crime and classmates in college.

Jurymen Chosen.

The reading of the last names came as a complete surprise. It developed that the defense had scoured the country for persons who had known Frank when he was a student at Cornell. They were subpenaed to bring the character testimony in his behalf up to the time he began his business career.

The picking of the jury proved less difficult than anticipated, twelve men being obtained before 1:30.

List of Jurors.

Here are the jurors chosen:

A. H. Henslee, No. 74 Oak street, a traveling salesman for the Franklin Buggy Company; F. V. L. Smith, No. 481 Cherokee avenue, manufacturer's agent, with offices in the Empire Building; J. F. Higdon, a contractor, No. 108 Ormewood avenue; F. E. Winburn, No. 213 Lucile avenue, claim agent Atlanta and West Point Railroad; A. L. Wisby, No. 31 Hood street, cashier of the Buckeye Oil Company; W. M. Jeffries, a real estate man, with offices at 318 Empire Building; Marcellus Johemming, No. 161 James street, a machine shop foreman, with offices at No. 281 Marietta street; M. L. Woodward, cashier King Hardware Company, No. 181 Park avenue; J. T. Ozburn, an optician for Hawkes', was chosen from the fifth panel to be the ninth juror;

*Continued on Page 5, Column 1.*

PAGE 28, COLUMN 1

TRIAL OF FRANK MOVING WITH WITNESS

Negro Lee on Stand as First Day's Sessions End His Testimony Hits Prisoner.

*Continued from Page Two.*

D. Townsend, No. 84 Whitehall terrace, cashier Central Bank and Trust Corporation.

W. S. Medcalf, No. 136 Kirkwood avenue, circulation department of The Atlanta Journal.

C. J. Bosshardt, No. 216 Bryan street, pressman Foote & Davies.

Bosshardt, the twelfth juror chosen, was the last venireman in the last panel that had been called before the court at the opening of court in the morning. He was picked at exactly 1:25 o'clock and at 1:30 the recess was taken until 3 o'clock.

Attorney Rosser took very little part in the selection of the jury, except to interject a suggestion now and then. He evidently was reserving his strength for the real struggle to come.

Shortly before 2 o'clock Leo Frank was taken into a room adjoining the juryroom, where he was served with a special dinner provided for him by his relatives. Frank's mother and wife were allowed to converse with him while he ate the dinner. He will remain in this room until the court reconvenes at 3 o'clock.

Wife and Mother With Frank.

Frank, accompanied by his wife and his mother, was brought into the courtroom at 10:30 o'clock. The striking of the jury was begun at once.

A half dozen of Frank's friends interrupted the order of the court for several minutes by clustering about him and shaking hands with him.

If there was any fear in the heart of the young prisoner it did not show in his calm features. He seemed perfectly assured and self-possessed. He nodded pleasantly to the judge and greeted his friends with a smile.

After the stir had subsided, covering the entrance of Frank, his wife and mother, the trio took seats in a semi-circle just below the bench.

Frank and his mother took a good look at the jurors in the first panel that was brought in. The prisoner scrutinized each one closely as he was quizzed by the prosecutor to determine his qualifications.

Wife Fixes Gaze on Dorsey.

Mrs. Frank displayed no sign of emotion until she suddenly found that she was facing Solicitor Dorsey. Then anger appeared to blaze from her eyes. She seldom removed her gaze from the Solicitor's face during the forenoon. If Dorsey was aware of the young woman's scrutiny, he made no sign and proceeded with the case in rapid fashion.

Occasionally Mrs. Frank would turn to her husband and nod toward the Solicitor as though she was ridiculing the efforts to convict Frank. Mrs. Frank was attired in a becoming suit of black and wore a black hat trimmed with black chiffon; also a black veil was drawn up over her hat. A black and white ribbon led to her watch in the pocket of her white silk waist. Two brilliant diamonds shone on the engagement finger of her left hand.

Frank occupied a seat between his wife and mother. He conversed with them alternately, at no time appearing nervous or the least apprehensive. His attitude was noticeably even more calm than at the time when he appeared before the Coroner's jury.

Frank Aids Attorneys.

Frank spoke frequently to his attorneys, whom he was near, and made suggestions while the jurors were being qualified. When each new panel was brought in he looked intently into the face of each man, beginning at the upper row and shifting his gaze from man to man until he had scrutinized them all.

Not infrequently, when the Solicitor had closed his examination and had said, "Juror, look on prisoner; prisoner, look on juror," Frank would turn to Attorney Arnold and an instant later the announcement would be made, "Struck by the defense." Frank evidently was playing a large part in the striking of jurors by the defense.

The dagger-like gaze of Mrs. Frank seldom was removed from the Solicitor's face. Frequently she embraced all those at Dorsey's table in her scornful glance.

Wife Caresses Prisoner.

Chief of Detectives Newport A. Lanford, whose department unearthed much of the evidence, happened to be sitting at her right. She turned to him while he was glancing over papers as if she were about to speak her mind to him, but thought better of it.

Once in a while she took her eyes from the Solicitor's table to lay her hand affectionately upon her husband's shoulder and draw him toward her to whisper in his ear. Once when she discovered the reporters eyeing her, she smiled mischievously and immediately whispered the information to Frank.

Frank's mother sat quietly through the routine of examining the veniremen. She spoke to her son frequently, directing her glance at the prospective jurors as though commenting on their fitness.

PAGE 27, COLUMN 1

FRANK, FEELING TIPTOP, SMILING AND CONFIDENT, IS UP LONG BEFORE TRIAL

Frank was escorted from the Tower to the courthouse shortly after 6 o'clock in the morning, nearly three hours before the trial was scheduled to begin. This was done to avoid the curious crowd which it was expected would be about the courthouse and thronging the corridors at 9 o'clock.

Frank was up and dressed and freshly shaven when Deputy Sheriff Plennie Miner appeared before his cell at the early hour.

"How are you feeling this morning, Mr. Frank?" the deputy inquired.

"Tip top, only I'm mighty hungry," replied Frank.

Exhibiting the same poised confidence that has characterized him through three months since he was locked in a cell in the county jail, the young factory superintendent chatted freely with Miner on the way to the courthouse.

Sure He Will Be Freed.

He was attired in a natty light gray mohair suit and wore a fancy gray tie. His face was fuller and he appeared slightly heavier than when he was arrested shortly after the murder of the Phagan girl. He seemed cheerful and in the best of health.

"I am very sure of acquittal," he said, as he arrived at the courthouse. "I am glad that the trial is about to begin after this long wait. I have no fear of the outcome. I am not only innocent of the terrible crime, but I am innocent of any knowledge of it, save as the information has come to me since the officers came to my house that morning three months ago."

At this moment E. C. Essenbach, a relative of Frank, appeared with a tempting breakfast which was spread in the prisoners' room at the courthouse. Frank gave ocular proof that his appetite had not suffered from his long confinement as he proceeded to make way with the delicacies prepared for him.

Frank greeted his relative cheerfully and conversed with him for more than an hour. The topic seldom was on the crime or the trial which was about to begin. Long before the time set for the judge to take the bench other friends and relatives of the prisoner had appeared and some of them were permitted to talk to him.

Conley Ready For the Stand.

Jim Conley, Frank's accuser, was made ready for the trial early in the morning, although it was not probable that he would be called during the day.

He was given a shave and a new suit of clothes, as he had worn for the last three months the same shabby garments that he had on at the time he was arrested while washing a shirt at the National Pencil Factory.

Conley said that he was ready to go on the witness stand at an instant's notice. He declared that he would stick to the same story that he told in his last affidavit and which he has since repeated many times for the benefit of Solicitor Dorsey.

"If they had just let me face Mr. Frank, I could have made him tell the truth long before this," he asserted.

Less than half a hundred persons were waiting about the courthouse at 8 o'clock, an hour before the time set for the beginning of the trial. It was thought that not a large crowd would be clamoring for admission to the courtroom as it had become quite generally known that the small room would accommodate hardly more than the witnesses and the veniremen and that it would be necessary to exclude practically all spectators.

Much Preparation Made.

For no trial in the history of Georgia have such elaborate arrangements been made for the comfort of the comparatively small number of spectators who will gain admission, the attorneys who will handle the case, the jury and the newspaper men. Deputy Sheriff Plennie Miner has received much praise for the splendid preparations made.

Electric fans have been installed at every window and on the railing separating the spectators' seats from the bar, ozonators have been placed to keep the air purified. It probably will be the coolest and best ventilated place in Atlanta.

Not more than 250 spectators will be admitted. Approximately that number of chairs have been placed outside the inclosure. When they are filled the doors will be closed and no one else will be allowed in. No one will be permitted to occupy standing room.

The usual custom of permitting disinterested attorneys to occupy seats inside the bar will not be followed, and this particular part of the courtroom will be less crowded than during the average criminal trial.

How They Will Line Up.

Prosecuting Attorney Dorsey and at least five assistants will occupy a table directly in front of the bench and witness stand with the jury box close on the righthand side. Attorney Rosser with his assistants and the accused will be seated at a table to the left of the State's and farther away from the jury. The table for newspaper men is back of the State's table. The arrangements were agreed upon by the attorneys and the judge.

The table for the defense was selected by Attorney Rosser with a view to the number of persons who would wish to be near Frank during the trial. Seats have been arranged to the back of the table to accommodate at least 30 persons, friends and relatives of the accused, who have visited him constantly since he was confined at the Tower.

Deputy Sheriff Plennie Miner, who will have charge of the crowd and keeping order in court, will also have charge of the prisoners. Long before any crowd congregated around the courthouse Frank and Lee were brought from the Tower and placed in the room reserved for them. When court opened Frank took his place at the table reserved for his attorneys.

The court rule to segregate the witnesses will, of course, be enforced, but it may not be until twelve men have qualified as jurors, which will hardly be before the middle of the week.

When the witnesses are segregated they will be kept in the large courtroom on the floor above the trial room. A bailiff will be placed in the hall and one on the door of the witness chamber, and as the names are called they will be brought from the floor above to the court.

It is probable some rule will be made to keep the witnesses for the State and the defense separated, in which event the third floor of the building would have to be used.

The jury room was selected with a great deal of care. It is almost inaccessible from the outside and large and airy. Its windows are about twenty feet above an alleyway that runs on either side. Deputies will be kept in the alley to keep anyone from getting this close to the room.

From the time a juror is acceptable to both sides until the conclusion of the case he will not be allowed to go to his home or communicate with anyone except a fellow juror.

The least of the deputies' troubles will not be in handling the crowd that will gain admission to the court, but in handling the crowd that will daily congregate on the outside and wait through the day for news of the proceedings in the trial. Ten deputies and as many members of the county police will be on duty on the streets around the building.

OPENING CLASH IS LOST BY DEFENSE; FORCED AT START TO NAME ITS WITNESSES

At 9:58 o'clock Solicitor Dorsey announced that he was ready to open the case of the State against Leo M. Frank, charged with having killed Mary Phagan by strangulation. This was followed by the request of the defense that the State's witnesses be called, sworn and put under the rule.

The prosecution opened by announcing its readiness to go on with the trial and called the list of witnesses. Bailiffs brought them down from the second floor. In regular order called, their names were: Mrs. J. W. Coleman, mother of Mary Phagan; J. W. Coleman, the girl's stepfather; George Epps, newsboy; L. S. Dobbs, policeman; W. W. Rogers, bailiff for constable; L. S. Starnes, detective and also prosecutor on the indictment; Pat Campbell, detective; Grace Hicks, girl who identified Mary Phagan's body; J. M. Gantt, once held for inquiry, now supposed to be for the prosecution; Harry Scott, the Pinkerton detective; R. P. Barrett, pencil factory employee; B. P. Haslett, policeman; M. V. Darley, factory employee; W. A. Gheesling, undertaker that cared for the girl's body; Dr. Claude Smith, City Bacteriologist; Dr. H. F. Harris, member of the State Board of Health; Dr. J. W. Hurt, Coroner's physician; E. L. Parry, court stenographer; E. S. Smith, Monteen Stover, girl employee at pencil factory; Minola Mc Knight, cook at Frank's home; Albert Mc Knight, Minola's husband (Mc Knight did not appear in court); Helen Ferguson, Mrs. Arthur White, wife of factory employee; and L. Stanford.

Attorney Reuben Arnold asked concerning the duces tecum that he had served on the State's attorneys for the affidavits of Jim Conley and others. On the promise of Solicitor Dorsey that he would produce the affidavits whenever needed the duces tecum was waived.

Solicitor Dorsey said he did not concede the right of the defense to force a production of the affidavit. He, however, at the request of Mr. Arnold, dictated a statement giving the dates of each of the affidavits signed by Conley, saying they were all of the affidavits Conley had made and that he would produce them whenever necessary.

The Solicitor asked then that the defense's witnesses be called and sworn. This was met by strenuous objection on the part of Attorneys Rosser and Arnold, who claimed their list was fragmentary.

Solicitor Dorsey protested vehemently, declaring that it would be extremely unfair to the State not to swear the defense's witnesses at this time. Attorney Rosser said it would delay the trial to complete their list at this time.

Judge Roan ruled that he would give the defense time to get up the list. The defense capitulated and it took but five minutes for the list to be made up.

Witnesses for Defense.

Attorney Stiles Hopkins, at the table for the defense, called the names of the witnesses by whom they expect to clear Frank. They were Mary Burke, Dora Small, Ella Thomas, C. P. Gilbert, F. Payne, Eula Flowers, Josephine Stelker, Mattie Thompson, Mrs. L. J. Cohen, J. C. Lowe, M. H. Liebman, Miss Bessie White, Joe Williams, Fred Howell, Wade Campbell, Cora Lavender, J. A. Price, J. E. Lyon, J. C. Matthews, F. Jenkins, Mrs. Josephine Selig, E. Selig, J. H. Haas, W. H. Mincey, J. B. Spier, E. L. Skipper, E. L. Sentell, May Barrett, Rebecca Carson, C. H. Carson, Harry Denham, Corinthia Hall, Mattie Hall, J. L. Holloway, Mrs. George Jefferson, Jerome Michael, George W. Parrott, M. W. Morrow, Mrs. M. W. Morrow, Rabi David Marx, A. E. Mayo, Fred Weller, A. E. Marcus, Ed Montag, I. H. Haas, W. B. Owens, T. Y. Brent and Ossie Shields.

These were all of the witnesses whose names were called, but at least 100 more, who will be used mostly as character witnesses, were in the room on the second floor waiting to be called.

First Talesman Too Old.

After the venire had been sifted and many excused, W. S. Copeland was the first talesman examined. He was excused when he said that he had passed the 60-year mark. Solicitor Dorsey put the questions, using the formal ones ask in murder trials.

Being conscientiously opposed to capital punishment or conviction by circumstantial evidence was held not to disqualify a juror by Judge Roan. This was in connection with O. T. Camp, the second talesman.

"I am conscientiously opposed to capital punishment on certain grounds," said Camp.

"What are those grounds," asked Solicitor Dorsey.

"Circumstantial evidence," he replied.

Judge Sustains Defense.

"That disqualifies him, then," said Solicitor Dorsey.

Attorney Rosser objected, saying that such belief did not disqualify the juror. Judge Roan sustained the defense, but Solicitor Dorsey struck him.

A. W. Brewerton was disqualified because he was opposed to capital punishment.

W. H. Winn was struck. Solicitor Dorsey taking this action after looking over his record.

R. G. Elliott was struck by the defense.

L. A. Smith was struck for cause.

C. T. Hopkins, Jr., struck by State.

W. E. Cates, disqualified because opposed to capital punishment.

T. G. Young, struck by defense.

D. D. Hewey, struck because he did not believe in capital punishment.

That ended the first panel of talesmen and not a single juror was obtained. The State struck three and the defense two. Seven were disqualified for cause.

Four Jurymen Obtained.

Four jurors were obtained from the second panel. They are:

A. H. Henslee, No. 74 Oak street, a salesman.

F. V. L. Smith, No. 481 Cherokee avenue, a manufacturers agent.

J. F. Higdon, 108 Ormewood avenue, a contractor.

F. E. Winburn, No. 21 Lucile avenue, a claim agent.

On the second panel the following men were struck:

Howard Oliver, by the defense.

H. E. Luckey, for cause.

O. L. Spurlin, No. 156 Lawton street, struck by defense.

H. A. flide, for cause.

E. E. Hawkins, No. 369 Edgewood avenue, a negro, who was accepted by the prosecution, but struck by the defense.

L. F. Davis, for cause.

David Woodward, for cause.

M. J. Sewell, for cause.

Third and Fourth Panels Go.

The following men were struck on the third panel: Charles Witherspoon, by defense; H. J. Kuglar, for cause; C. J. Hale, for cause; J. B. Hays, by defense; E. L. Winn, for cause; W. H. Abbott, for cause; K. P. Mayson, for cause; Boyd Perry, for cause.

The entire fourth panel was struck: Samuel Schoen, by the State; W. S. Singleton, by defense; Earle Davis, a negro, was accepted by the State, but struck by the defense; C. S. Cantrell, for cause; John W. Collier, for cause; W. W. Hammett, by the State; A. F. Bellingrath, by defense on ground that he was a brother to an employee Solicitor Dorsey's office and that he had expressed the opinion that Frank was guilty.

"I said it looked like he was guilty from what the newspapers said," declared Mr. Bellingrath. Solicitor Dorsey urged that the talesman was not disqualified by this. However, Judge Roan disqualified him for cause.

"I think he should be set aside for his own sake," ruled the judge.

D. Berger, for cause.

Two More Panels Struck.

The following men were struck from the fifth panel: W. C. Willis, for cause; H. C. Hasty, prejudice; C. H. Cook, by defense; C. H. Candler, in answer to a question from Solicitor Dorsey if he was impartial, said "No;" George R. Low, by the State; S. E. Owens, for cause; J. C. Henderson, for cause; C. M. Brown, opposed to capital punishment; C. A. Vaughn, prejudice.

The following men, comprising the entire sixth panel, were struck: Ben F. Willis, by defense; C. M. Petton, prejudice; W. H. Hudson, not impartial; G. R. Milner, by defense; John Head, age; Robert Smidt, opposed to capital punishment; V. N. Carroll, not impartial; C. H. Allen, opposed to capital punishment; P. F. Barber, opposed to capital punishment; O. Wingate, for cause; T. E. Winsow, by State; A. W. Wofford, by defense.

Every man on the seventh panel was struck, including H. H. Kelly, prejudice; N. A. Long, biased; C. W. Gittens, by defense; H. D. Ferguson, opposed to capital punishment; W. L. Merk, by defense; F. E. Walker, prejudice; P. B. Sale, prejudice; W. S. Gaston, biased; C. L. Asbury, biased; J. W. Chatham, prejudice; C. W. Seagroves, prejudice; Carl Weinmeister, opposed to capital punishment.

The last panel, from which the last juror was secured, was Panel No. 9. The following men were struck: S. L. Miller, by defense; H. L. Solomonson, biased; L. O. Hendon, by defense; H. C. Ashford, for cause; E. E. Wochendorff, prejudice; Nicholas Ittner, age; Bud Waites, prejudice; W. W. Sorrell, by defense; Soloman Benjamin, member of Grand Jury.

The buzz of conversation in the little courtroom instantly was hushed when Judge Roan appeared and Deputy Sheriff Plennie Miner called the court to order. The impaneling of jurors was begun at once.

Luther Z. Rosser, chief of counsel for Frank, pressed his way to the defense's table just as Deputy Miner rapped for order. Solicitor Dorsey and his associates were at their table busily arranging papers and documents several minutes before the swearing of the veniremen began.

An imposing array of legal talent was presented when the case was called. Heading counsel for Frank were Rosser and Reuben R. Arnold, two of the foremost lawyers of the South. At their table were Herbert J. Haas, a civil attorney, who has been engaged in looking up character witnesses in behalf of Frank; Styles Hopkins, of the Rosser & Brandon law firm; Oscar Simmons and Paul Goss, engaged especially to assist in picking the jury; George Cox, of Arnold & Arnold law firm, and Luther Z. Rosser, Jr.

Wife at Frank's Side.

With Solicitor Dorsey were Frank A. Hooper, the brilliant attorney who made his reputation as a prosecutor in criminal cases; E. A. Stephens, Assistant Solicitor, and detectives who have been working on the case. Jim Conley's attorney, W. M. Smith, also was in court.

A stir was created when Mrs. Frank, wife of the accused, made her way into the courtroom and hurried past the rows of spectators into the anteroom where her husband was confined. She bore herself bravely, and when she reached Frank, was seen to converse cheerfully with him.

The loyal woman, who insisted on being by the side of her husband until he was called into the courtroom with his attorneys, drew the attention away from the routine proceedings several minutes.

Judge Roan in Good Humor.

Judge Roan appeared in unusually radiant humor and enlivened the dull routine of the early proceedings with facetious remarks directed at the jurors who sought to evade duty on various pretexts.

To one who claimed deafness, Judge Roan said that he had heard his own name readily enough when it was called.

Another juror, Dr. E. L. Connally, well known capitalist, and gray haired veteran of the war, remarked, smiling rather slyly, that he thought he was over age.

"How do you know that?" inquired the judge.

"My mother says I am," was Dr. Connally's reply.

"Do you claim exemption on that account?" asked the court.

"I guess I do, judge," admitted the capitalist.

"Well, then, I guess I will excuse you," said the judge, amid a general laugh from the courtroom.

Dr. Connally left his place with a vigor that belied his years.

Old Dr. Stork was responsible for the excusing of several of the jurors. By the time the eighth panel of men had taken the oath three men had told of new arrivals at their homes and had been excused.

Defense Not to Ask Delay.

Luther Z. Rosser, of counsel for the defense, stated to a Georgian reporter as he left his office for the scene of the trial that he defense would make no move for delay.

"We will not seek a change of venue or make any move of any kind to delay justice for our client," he said. "We are entirely confident that justice and truth will prevail, as it always must."

Reuben R. Arnold, of the defense, made the same kind of a statement.

"We will announce ready as soon as the case is called," he said.

One important witness for the defense was reported to be missing. He is a traveling salesman, and the defense was said to be confident of locating him.

A great crowd gathered in front of the courthouse as the hour of the trial drew near, and when 9 o'clock arrived, Pryor street at Hunter was almost impassable. The corridors of the courthouse were a mass of humanity, through which a lane had to be cut by deputies to allow the passage of witnesses and lawyers and newspaper men.

The crowd was tense with curiosity, but to all appearances inclined to be orderly and apparently was moved only by the commonest of human motives curiosity.

Judge Andrew Calhoun entered the courtroom when the court was about midway in its forenoon session and took a seat by Judge Roan. In the intervals when the proceedings were interrupted by conferences of the attorneys, he conversed with Judge Roan.

Newt Lee, who found Mary Phagan's body, was brought from the Tower in the middle of the forenoon in the custody of a deputy sheriff. He was placed in an anteroom adjoining the courtroom. It was expected that he would be one of the early witnesses, if not the first, to be called by the State. Lee testified before the Coroner's inquest that he found the body of the slain factory girl in the basement.

PAGE 76, COLUMN 1

TRIAL INTEREST SETS RECORD FOR COUNTY

Brilliant Array of Lawyers and the Dramatic Features of the Case Make Spectacular Clash.

No murder trial in Fulton County ever has approached the spectacular interest which is in prospect in the Frank case from the first, sharp skirmish between the opposing attorneys, through the long, bitter legal battle, and to the final pleas of the prosecution and the defense.

The presence of Luther Z. Rosser and Reuben R. Arnold in the brilliant array of legal talent at once made certain that the trial would be out of the ordinary. Neither has the reputation of making a half-hearted fight when there is anything at stake. This time it is a man's life that is depending upon their legal ability, their shrewdness and their eloquence.

Both have a disconcerting habit of carrying the fight to their opponents. In ring parlance, they do not give their courtroom rivals a chance to "get set." This is going to keep the spectators constantly on the edge of expectation, and will furnish a series of exciting incidents that will give the Frank trial a place by itself in the criminal annals of Georgia.

Crisis When Conley Is Grilled.

To describe Rosser's tactics as aggressive is expressing it euphemistically. If he were only aggressive, his name would not inspire the trepidation that now is felt by persons who have to face him in the witness box or by young lawyers who have to pit their strength against him.

Rosser and Arnold are at their best when they are cross-examining the witnesses called by the other side. This fact is expected to bring about the most thrilling situation of the entire trial in the witness box grilling of the negro Jim Conley. Not satisfied with seeking to prove the entire innocence of their client, the two lawyers propose to show that Conley himself is the man who attacked Mary Phagan in the National Pencil Factory and flung her dead body upon the trash heap in the basement.

From whom are they to get testimony of this startling nature?

Certainly from no one else than the negro, and from him they intend to get it. It is a bold plan, but one characteristic of the two-handed fighting methods of Rosser. Anyone who has seen a witness made the object of Rosser's attack knows that Jim Conley is in for a bad day when he is called to the stand to testify that Leo Frank had him assist in the disposal of Mary Phagan's body.

Chance Seen for Confession.

Only a Rosser would have the courage of his convictions to expect to break down the negro after he repeatedly had told the remarkable story of finding the girl's dead body on the second floor of the pencil factory and carrying her, at Frank's direction and with Frank's assistance, down the elevator into the basement.

Rosser's plan opens up the dramatic possibility of a courtroom confession from Conley. In the opinion of those who are convinced of Frank's innocence and the negro's guilt, it would not be a matter of great surprise if Conley, under the fire of questions directed at him by Rosser and Arnold, should collapse and confess he alone was concerned in the crime.

The cross-examination of Conley is certain to be one of the spectacular features of the trial. His vivid tale, under the lead of questions by Solicitor Dorsey and Attorney Frank A. Hooper, will be repeated to the courtroom full of spectators. It will lose none of its dramatic elements, in that its essential features already are well known to the public. They are waiting to hear it first hand from the negro's lips.

Raked Up His Past Life.

Then Conley will be turned over to the scarcely tender mercies of counsel for Frank. He probably will be on the rack for hours. Whether he will be able to stand the ordeal is problematical. No point in his history that could have any possible bearing on the case will be overlooked. The defense is in possession of a mass of information relating to Conley's conduct for years. He will be asked in regard to every one of these circumstances.

Before the events of the day of the tragedy are reached the negro will have undergone a searching examination of significant incidents in his past life. Then his story of his part in the crime will be attacked. The discrepancies will be brought out in the glare of the cross-examination. The falsehoods that he told for days after he was arrested will be resurrected. All of his affidavits will be ridiculed. The two attorneys will join in an effort to break down and utterly discredit the story to which he now sticks. Whether or not they are successful, their attempt will be a dramatic feature of the trial.

A fight, scarcely less spectacular, will develop over the story of William H. Mincey. This time the attorneys for the prosecution will be in the role of scoffers. Mincey has declared that he heard Conley boasting of killing a girl.

Mincey, a quiet almost diffident type of the country pedagogue, will be made the target for the Solicitor's and Attorney Hooper's fire of questions. They will seek to show that Mincey never saw Conley the afternoon of April 26, when Mincey asserted he had the conversation with the negro.

Climax When Frank Is Called.

A hot fight also will be precipitated by the demand of the defense that the State make known the identity, at the beginning of the trial, of all the witnesses against Frank. Solicitor Dorsey has said that he will fight any demand of this sort.

The subpoenas duces tecum issued by the defense will form another casus belli that is expected to provide a spirited skirmish between the attorneys at the beginning of the trial. The defense insists on having in court, for the purpose of comparison, all of the affidavits taken from Jim Conley, Newt Lee, Monteen Stover, W. M. Matthews and others. Dorsey declares this is a flimsy trick to discredit the State's witnesses, and proposes to resist to the extent of his ability any move to compel him to comply with the demand.

Leo Frank probably will take the stand in his own defense. It is regarded as not at all unlikely that Attorney Rosser will turn him over to the prosecution and give them the permission to question him as far as they like. If this be done, the trial, already invested with a host of dramatic possibilities, will reach its climax in interest.