Wednesday, 30th July 1913 Gantt Has Startling Evidence; Dorsey Promises New Testimony Against Frank

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STATE ADDS NEW LINK TO EVIDENCE CHAIN BY BOOTS ROGERS' STORY

Sensational testimony by J. M. Gantt, discharged pencil factory employee, was promised Wednesday by Solicitor Dorsey and Frank A. Hooper, who is assisting him. They admitted that Gantt had testimony that had never before been published, and would be one of the State's most material and direct witnesses.

The defense has heard that Gantt will testify he saw Frank and Conley together on the day of the crime. Gantt was expected to follow Grace Hicks on the stand.

The State added another link in the chain of circumstantial evidence it is seeking to forge about Leo M. Frank by calling W. W. (Boots) Rogers to the stand Wednesday.

Rogers is the former county officer in whose automobile the policemen went to the National Pencil Factory Sunday morning after Newt Lee, factory nightwatchman, had called up the police station.

Rogers was on the stand two hours, but in this time he failed to give any material evidence that had not already been presented to the Coroner's Jury.

As in the testimony of Sergeant L. S. Dobbs, another of the persons who visited the factory the morning after the crime, it was the purpose of Solicitor Dorsey to emphasize the circumstances which he later proposes to construe as highly significant of Frank's guilt.

Frank Laughs for First Time.

During the testimony of Rogers, Frank laughed heartily for the first time since the trial began in fact, it was the first display of any emotion that the defendant has made.

Rogers was telling of his visit to the Frank residence at No. 68 East Georgia avenue when the incident occurred which aroused Frank's laughter.

The ex-county officer said that Detective Black had suggested that a drink of whisky would do Frank good. Rogers said that Mrs. Frank had said that her father, Mr. Selig, had suffered an attack of acute indigestion and that there was no whisky left in the house.

"He had had an attack of acute indigestion and drank up all the liquor," repeated Attorney Rosser, humorously. "Well, I have those attacks occasionally myself."

Defense Hints Attack Theory.

Miss Grace Hicks, of No. 100 Mc Donough road, followed Rogers on the stand, and Solicitor Dorsey, after having her tell of identifying Mary Phagan the morning after the murder, started at once on a line of questioning that indicated his theory that Mary Phagan was first attacked in or near the women's toilet on the second floor of the factory.

Attorney Rosser, on cross-examination, brought out that Frank seldom spoke to the girls and that she did not know that he was familiar with them.

The most important points in the testimony of "Boots" Rogers in the re-direct examination were:

That he heard Detective Starnes make no mention of what had happened at the factory when Starnes called Frank Sunday morning.

That Frank, although the interval between calling him and the arrival of Rogers' car at Frank's home was only five or six minutes, was dressed for the street, except for collar, tie, coat and hat.

Says Frank Was Nervous.

That Frank's shirt had the appearance of being freshly laundered.

That Frank appeared nervous and asked of Detective John Black if anything had happened at the factory, and if the nightwatchman had reported anything to the police.

That Frank's words were jumpy; that he continuously was rubbing his hands, and that he moved about nervously.

That the defendant, when he was taken to the undertaking room, avoided going into the room where the Phagan girl's body lay, and that he never looked into the face of the girl whom the State charges was his victim.

That Frank still was nervous when taken to the factory. That he witnessed Frank take the tape from the time clock and heard him remark that the punches were correct. That he (Rogers), while Frank was in the office after a blank tape, examined the tape taken from the clock and saw that none of the punches had been missed.

Mincey, the star witness for the defense, was not in the witness room Wednesday, nor was he there Tuesday. The prosecution openly stated it did not expect Mincey to be introduced as a witness. Attorney Arnold would not discuss Mincey's absence, but declared that he would be on hand at the proper time.

Factory Diagram Changed.

Court opened Wednesday with a discussion of the admissibility of the diagram of the pencil factory drawn by an artist. The key to the diagram and all objectionable wording had been removed.

Attorney Arnold still objected to the lines which he claimed outlined the theory of the prosecution.

"You don't have to label a horse to see it is a horse," he said.

Solicitor Dorsey cited legal authority which he claimed entitled him to present the diagram as evidence. Attorney Arnold said:

"Those dotted lines have nothing to do with the building proper at all. It undertakes to show something that the building itself wouldn't show."

Revised Chart Admitted.

When Solicitor Dorsey started to continue his argument Judge Roan interrupted and said:

"Do you mean for the dotted lines to show the theory of the prosecution?"

"Yes," answered Dorsey.

"But," continued the judge, "it is with the jury as to whether you prove this to be the correct theory or not."

"Yes," said Dorsey.

"On those grounds then I admit it as evidence," said Judge Roan.

W. W. Rogers, the county policeman, who was one of the first to visit the scene of the crime, was the first witness of the day called.

Rogers on the Stand.

The jury was brought in after the picture was admitted.

The men filed into their seats, showing, for the first time, some signs of the long hours of confinement.

"Call W. W. Rogers to the stand," said Solicitor Dorsey, announcing his first witness.

The young man who took the police to the scene of the crime early that Sunday morning was sworn.

Q. Where were you Saturday night, April 26? A. At the station house.

Q. Where were you at about 3 o'clock Sunday morning? A. I was still there.

Q. Where did you go from there? A. I took the police to the pencil factory, where they had been called.

Q. What did you do then? A. After a negro let us in I went down into the basement with the police and found the body.

Present as Starnes Phoned.

Q. Were you present when Detective Starnes called someone over the telephone? A. Yes.

Q. What time was it? A. About 5 or 5:30 Sunday morning.

Q. Do you know who he called? A. No.

Q. What did he say? A. I don't recall exactly, but in substance he was asking some one to come to the factory. I heard him say, "If you will come I will send an automobile for you." He turned to me and asked me if I would go to Mr. Frank's home and get him. He gave us the address and Detective Black went with me. Detective Black went to the door. I won't be sure whether he knocked or rang the bell. Mrs. Frank answered the door. She had on a heavy blue bathrobe. We asked if Frank was there, and he came through the curtain into the reception hall.

Q. Was he dressed for the street? A. Yes, with the exception of collar and coat.

Q. Can you tell exactly what he had on? A. A pair of shoes, blue trousers, white pleated shirt, and suspenders.

Neither Answered Frank.

Q. What was said? A. When Frank came in he went directly to Black. He asked him, "Has anything happened at the factory?" Black did not answer him, and, turning to me, he asked the same question. I did not answer.

Q. What else did he say? A. He asked, "Did the nightwatchman telephone you anything had happened at the factory?"

Q. What else? A. Black did not answer him then, but told him he had better come to the factory.

Q. What else happened at Frank's home? A. I think he asked his wife for his collar and coat.

Q. Was that all? A. All I remember.

"Your honor," said Mr. Dorsey, "he has clearly overlooked something. Can I direct his attention to it?"

Frank Recalled a Dream.

"How do you know it?" interrupted Rosser.

"I have his testimony before the Coroner's jury and I have talked to him," said Dorsey.

"Oh, Lord," growled Rosser as he sat down.

Q. What was said about a dream? A. Mr. Frank said something about dreaming or hearing the telephone ring during the night.

Q. Was anything said about whisky? A. Yes; Mr. Frank said he had not had breakfast. He thought he would like to have a cup of coffee. Detective Black said a drink of whisky might do him some good. Mrs. Frank answered that Mrs. Selig had been ill with acute indigestion and had used all of the whisky in the house.

Q. How was Frank's voice that morning? A. He was nervous.

Q. What about his voice? Was it fine? A. Yes, it was fine; somewhat like a woman's. He asked questions rather abrupt, right off the reel. His questions were jumpy.

Appeared Very Nervous.

Q. What was his appearance when you first saw him? A. He was rubbing his hands and was extremely nervous.

Q. Was his hair combed or tousled? A. It was combed.

Q. What was the conversation on the way to the factory? A. Black or myself I don't remember which asked him if he knew a little girl named Mary Phagan. He asked if she worked at the pencil factory and we told him we thought she did. He said he would have to look on his pay roll to see if she did; that he didn't know many of the girls there and that he never went out into the factory among them much. We suggested that we had better go by the undertaking establishment and let him see the body.

Q. Describe how you found the body? A. The room was dark. Undertaker Gheesling went back of the body and turned on the light. The head of the dead girl was toward the wall. Gheesling took her face in his hands and turned it toward us. Mr. Frank had been behind me as we entered the room, but when Gheesling turned the girl's face to me I looked around and Frank was going out of the room.

Didn't See Her Face.

Q. How long did he have to see the face? A. He didn't have any time, for when her face was turned to the light he had stepped outside the room.

Q. Did you ask him any questions? A. Mr. Black asked him if he recognized the body. He said if her name was Mary Phagan he could tell whether she worked at the factory by looking over his pay roll.

Q. What was his attitude at the undertaker's establishment? A. He still appeared nervous.

Q. How? A. Well, he stepped lively and moved quickly.

Frank sat passive during these questions, his expression an enigma. His wife and mother on each side of him appeared weary.

Frank Looked at Books.

Q. What did Frank do when they got to the factory? A. Frank went to the office and unlocked the safe. He got a book and ran his hand down a column and said: "Yes, Mary Phagan worked here; if I am not mistaken she was here Saturday and drew her pay." He said it was some time a little after 12 o'clock. He asked us if we didn't find a pay envelope near her body. We told him no.

Q. What was the time exactly, according to Frank? A. He just said it was something a little after 12.

Q. What was his manner? A. He was nervous and quick.

Q. What was done about running the elevator? A. I don't remember exactly who said it, but some one suggested that we see where the girl was murdered. Frank went out to the switchbox and opened it, and after he had turned on a few things the machinery began to run.

Tried to Start Elevator.

Q. Did anyone ask him about the switch box not being locked? A. He said the insurance company had him stop locking it, saying it was against the law.

Q. Did Frank run the elevator? A. He pulled the rope to start it, but it would not move. He called Darley and the elevator was started after some little delay.

Q. Did anyone comment on the murder? A. I think Mr. Frank said Darley had worked Newt Lee and that if anyone could get anything out of him it was Darley.

Q. What else happened? A. Frank said: "We had better nail the back door, Darley."

Q. What was done? A. Frank and Darley went to nail the back door.

Q. What did you do then? A. Mr. Frank went to his office, brought out a new slip. He took out the old slip and wrote on it April 26, 1913.

Frank Brought New Slip.

Q. Where was Newt Lee? A. Lee was right behind me, handcuffed.

Q. Where was Darley? A. He was right there.

Q. What happened next? A. Mr. Frank went to his office, brought out a new slip. He took out the old slip and wrote on it April 26, 1913.

Q. What did he do with it? A. He folded it once and went into his office.

Q. Did you see that slip? A. Yes, I glanced at it. The first punch was 6:01 and the second at 6:32. There did not appear to be any skip in it.

Q. Did you hear Frank say anything about something to eat? A. Yes; several times he said he wanted to get a cup of coffee.

Attorney Rosser objected.

Didn't Notice His Eyes.

"Maybe several wanted a drink I expect they did," he said.

Solicitor Dorsey continued.

Q. Did you notice Frank's eyes during the stay in the factory? A. No.

Q. How long did you and Frank remain in the factory? A. I should say something more than an hour.

Q. Where did you go? A. In the automobile with Lee, Darley, Black and Frank to the police station.

Q. Was anybody under arrest? A. Lee.

Q. Was Frank? A. I didn't consider him so.

Q. What did Starnes say to Frank over the phone besides what you have already told?

"I object," said Attorney Rosser, "on the ground that it is essentially a leading question."

"You will have to put the question differently," said Judge Roan to Mr. Dorsey.

Tells of Phone Talk.

Q. Detail, now, what Mr. Starnes said first. A. Mr. Starnes was talking to someone over the telephone. I won't be sure whether he told him who it was or not. He asked this party he was talking to to come to the factory. He said if he would, he would send an automobile for him. With that he turned to me and asked me to go to Frank's house and get him.

Q. Did you hear anyone else call from the factory? A. Soon after we reached the pencil factory, about 3:30 o'clock, I was up in the office with Policeman Anderson and Newt Lee. Anderson was trying to get someone over the phone. I don't know who it was.

Q. What happened at the station? A. They took Frank up to Chief Lanford's office.

Q. Did you see Frank do any writing? A. I saw Newt Lee write, but not Frank.

Dorsey again wanted to refresh Rogers' memory about his testimony head at the same time you did? A. Yes, I suppose so.

Q. Did Frank have any trouble unlocking the safe at the office? Did he work the combination the first time? A. Yes, without any trouble.

Q. Mr. Frank tried the elevator and couldn't? A. Yes.

Q. He called Mr. Darley? A. Yes.

Q. Did it run smoothly when it started? A. Yes.

Q. Did it stop with a jerk when it reached the bottom? A. No; it just stopped.

No Stains in Sawdust.

Q. Was there blood on the sawdust where you found the body? A. No; we couldn't find any.

Q. Was there blood anywhere? A. Yes; some on her underskirt.

Q. Was there blood on her head? A. Yes, there was some dry blood matted in the hair.

Q. Was there blood running anywhere on the body? A. I don't remember any.

Q. Who turned her over? A. Sergeant Dobbs, I believe.

Q. Were you there when they found the shoe? A. No.

Q. Were the shoe and hat found that morning? A. They were not before I left to get Grace Hicks to identify the body.

Went to Station With Party.

Q. How did it happen that Frank went with you to the police station? Did he volunteer to go? A. I don't know exactly. He went along with the party without any hesitancy.

The question was interrupted by a whispered conference between Rosser and Arnold; then Rosser continued.

Q. When Mrs. Frank was telephoning to Darley, how far were you from the telephone? A. About 6 feet.

The re-direct examination was begun by Dorsey:

Q. Could you tell by a glance at the hair whether the girl was white or not? A. Yes, you couldn't tell by the face, but it was evident it was the hair of a white girl.

Couldn't Have Seen Face.

Q. Did you say Frank did or did not see that girl's face in the undertaking establishment?

"I object," said Rosser.

"You can ask only what opportunities he had to see the face," answered Judge Roan.

A. He couldn't see it because her body was not lying so that he could.

Rosser said: "Mr. Rogers, didn't you tell me that you didn't know where Mr. Frank was when you were looking at the girl's face?" A. Yes; but he couldn't have seen it, unless he was standing near me, and he wasn't standing near me.

Dorsey asked: "Did Frank ever go into the room in which the body was?" A. To the best of my knowledge he did not. He went in the direction of the toilet, or a room which I took to be a toilet.

Grace Hicks on Stand.

Rogers was then excused, and Miss Grace Hicks went on the stand. She was questioned by Dorsey.

Q. Did you know Mary Phagan?

At this point members of the jury asked for water and while it was being secured for them, Frank leaned over and held a whispered conversation with Rosser.

The question was repeated.

A. Mighty near a year.

Q. Where did you know her? A. At the National Pencil Factory.

Q. Did you identify her body the morning after the crime? A. Yes.

Knew Her By Hair.

Q. How did you know her? A. By looking at her.

Miss Hicks spoke in a very soft voice. She appeared about 16 years of age. She wore a white dress with light blue ribbons around her neck and elbow sleeves.

Q. How was she when you saw her? A. She was covered except her head.

Q. How did you know her? A. By her hair. It was so long and pretty.

Q. Was she pretty? A. Yes.

Q. Where did you work? A. In the metal room.

Q. What did you do first when you went to the factory each day? A. Punched the clock.

At Factory Every Day.

Q. How often was Mary at the factory? A. Nearly every day.

Q. Where was Mary's work place? A. Right next to the dressing room.

Q. Did you see where the blood was? A. Yes.

Q. A person going from the office back to the rear of the second floor would have had to pass the dressing room, the place near where Mary Phagan worked, wouldn't they? A. Yes.

Q. Did Frank pass there every day? A. Almost every day. He would come back two or three times a day to see how the work was going on.

Q. When was Mary at the factory last to work? A. The Monday before April 26.

Saturday Regular Pay Day.

Q. Why didn't she work that week? A. The metal had given out.

Q. Where was the metal kept? A. In a little closet under the stairway.

Q. When was the regular pay day? A. Saturday at 12.

Q. Was anyone paid off Saturday, April 26? A. Most of them were paid off Friday night before, as Saturday was a holiday.

Dorsey then had the witness point out the machinery where Mary Phagan worked on the second floor, as shown on the Bert Green diagram. Then Rosser took the witness on cross-examination.

Attracted by the report that the State intended to introduce its most important witnesses during the day, a larger crowd than that which clamored for admission on the first two days of the trial besieged the courthouse Wednesday morning as the time for the resumption of the Frank trial approached.

That a sensation is to be sprung by the defense by the production of the mysteriously missing ribbon and flowers from the hat of the murdered girl was repeatedly indicated by Attorney Rosser's line of questioning Tuesday and the afternoon before.

Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, the attorney for Frank interrogated every witness who saw the girl alive or dead that day in regard to the ribbon and flowers.

Mrs. Coleman said that the ribbon and flowers were on the hat when Mary left home. Newt Lee said that he had seen no sign of the missing trimmings. The testimony of Sergeant L. S. Dobbs was the same. Detective Starnes, when he was turned over for the cross-examination, made the same admission.

It is believed that Rosser will produce the ribbon and will attempt to establish that it was found in a place throwing suspicion upon the negro Conley.

Frank was brought to the courthouse at about 8 o'clock Wednesday morning. There was no change in his demeanor or physical appearance. If the trial has been any strain upon him he does not display the effects. He was dressed in the dark mohair suit he wore Tuesday. He greeted his friends cheerily and spoke confidently of acquittal.

The jurors, sleeping in three rooms at the Kimball House, spent a restless night. They appeared rather fagged when they were brought into the courtroom at 9 o'clock.

First Witnesses Unimportant.

Attorneys for the State have announced that the witnesses called Monday and Tuesday were only for the purpose of starting the presentation of evidence against Leo Frank right from the opening incidents of the day that the murder was committed, and that they were important only in so far as they assisted in making a continuous chain of evidence, and as they made here and there

Statements which might be interpreted as damaging to the accused.

Working on the foundation laid by Tuesday's testimony, Solicitor Dorsey was understood to be prepared Wednesday and Thursday to introduce witnesses who would swear that the red stains found in two places on the second floor were splotches of blood and not aniline or any other coloring stain; also that the bloody finger-prints on the rear door of the basement were the finger-prints of Leo M. Frank.

City Detective J. N. Starnes just before he left the stand Tuesday night identified pieces of wood as pieces he had chipped from the rear door of the factory. There were finger-prints easily distinguishable upon them. A finger-print expert was in the employ of Solicitor Dorsey for some time during the investigation of the murder mystery and was named among the State's witnesses.

The red-stained chips from the factory floor were sent to Dr. Claude E. Smith, city bacteriologist, for analysis. Dr. Smith also is one of the State's witnesses and was expected to be called Wednesday or during Thursday's forenoon session.

Writing Pad Evidence?

It was understood when the trial opened Wednesday morning that Detective Starnes would be recalled to the stand by the Solicitor to tell of finding on a shelf just outside Frank's office writing pads of paper similar to that on which the notes found by Mary Phagan's body were written.

If the Solicitor did not alter his plans meantime, J. M. Gantt, discharged factory employee, was to be the next witness on the stand. Gantt told at the Coroner's inquest that Frank appeared nervous and apprehensive when he (Gantt) went to the factory at 6 o'clock Saturday night to get some shoes he had left in the building.

Starnes was on the stand practically all of Tuesday afternoon. While the direct examination was in progress the detective told of his part in scouring the pencil factory for evidence.

One of his statements on which the State is relying to establish that Frank acted and talked in an incriminating manner the morning the body was found consisted in his testimony in regard to a telephone conversation which he said he had with the factory superintendent that morning.

Starnes, under the examination of Dorsey, said that he had been very guarded when he called up Frank that morning and had merely said that he desired Frank's presence at the factory. He denied that he had mentioned the fact that a girl had been killed.

Claim Frank Knew.

It is the purpose of the State to seek to establish that Frank, without being told of what had happened, had made remarks to the officers when they came for him which indicated he was not unaware that a girl had been murdered in his factory.

The main points of Starnes' testimony were:

That he had discovered stains resembling blood in two places on the second floor of the factory.

That Frank acted nervous when brought to the factory.

That Frank made a strange remark to Foreman M. B. Darley that he "had more than one suit of clothes," referring to the fact that he had on a different suit than the one he wore the day before.

That Lee appeared composed when questioned Sunday by the detectives.

That he witnessed the new night watchman in the pencil factory make a complete punch of the time clock covering a period of twelve hours in five minutes.

Under Rosser's cross-examination Starnes admitted that it was practically impossible for him to remember the exact words he used in certain parts of his testimony at the Coroner's inquest. This admission was obtained by Rosser to show that Starnes' memory in respect to the telephone conversation with Frank could not be regarded as any more reliable. Rosser brought out that Starnes failed to mention at the Coroner's inquest either the matter of the telephone conversation or of the alleged conversation he held with Frank the morning of the murder.

Starnes also admitted that the finger-print chips which were shown him by Solicitor Dorsey might not be the same chips he had taken from the rear door of the basement, as the chips had been out of his possession part of the time during the investigation.

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PAGE 2, COLUMN 1

FRANK LAUGHS FOR FIRST TIME DURING TRIAL WHEN HOME INCIDENT IS TOLD

*Continued From Page 1.*

o'clock Sunday morning? A. I was still there.

Q. Where did you go from there? A. I took the police to the pencil factory, where they had been called.

Q. What did you do then? A. After a negro let us in I went down into the basement with the police and found the body.

Present as Starnes Phoned.

Q. Were you present when Detective Starnes called someone over the telephone? A. Yes.

Q. What time was it? A. About 5 or 5:30 Sunday morning.

Q. Do you know who he called? A. No.

Q. What did he say? A. I don't recall exactly, but in substance he was asking some one to come to the factory. I heard him say, "If you will come I will send an automobile for you." He turned to me and asked me if I would go to Mr. Frank's home and get him. He gave us the address and Detective Black went with me. Detective Black went to the door. I won't be sure whether he knocked or rang the bell. Mrs. Frank answered the door. She had on a heavy blue bathrobe. We asked if Frank was there, and he came through the curtain into the reception hall.

Q. Was he dressed for the street? A. Yes, with the exception of collar and coat.

Q. Can you tell exactly what he had on? A. A pair of shoes, blue trousers, white pleated shirt, and suspenders.

Neither Answered Frank.

Q. What was said? A. When Frank came in he went directly to Black. He asked him, "Has anything happened at the factory?" Black did not answer him, and, turning to me, he asked the same question. I did not answer.

Q. What else did he say? A. He asked, "Did the nightwatchman telephone you anything had happened at the factory?"

Q. What else? A. Black did not answer him then, but told him he had better come to the factory.

Q. What else happened at Frank's home? A. I think he asked his wife for his collar and coat.

Q. Was that all? A. All I remember.

"Your honor," said Mr. Dorsey, "he has clearly overlooked something. Can I direct his attention to it?"

Frank Recalled a Dream.

"How do you know it?" interrupted Rosser.

"I have his testimony before the Coroner's jury and I have talked to him," said Dorsey.

"Oh, Lord," growled Rosser as he sat down.

Q. What was said about a dream? A. Mr. Frank said something about dreaming or hearing the telephone ring during the night.

Q. Was anything said about whisky? A. Yes; Mr. Frank said he had not had breakfast. He thought he would like to have a cup of coffee. Detective Black said a drink of whisky might do him some good. Mrs. Frank answered that Mrs. Selig had been ill with acute indigestion and had used all of the whisky in the house.

Q. How was Frank's voice that morning? A. He was nervous.

Q. What about his voice? Was it fine? A. Yes, it was fine; somewhat like a woman's. He asked questions rather abrupt, right off the reel. His questions were jumpy.

Appeared Very Nervous.

Q. What was his appearance when you first saw him? A. He was rubbing his hands and was extremely nervous.

Q. Was his hair combed or tousled? A. It was combed.

Q. What was the conversation on the way to the factory? A. Black or myself I don't remember which asked him if he knew a little girl named Mary Phagan. He asked if she worked at the pencil factory and we told him we thought she did. He said he would have to look on his pay roll to see if she did; that he didn't know many of the girls there and that he never went out into the factory among them much. We suggested that we had better go by the undertaking establishment and let him see the body.

Q. Describe how you found the body? A. The room was dark. Undertaker Gheesling went back of the body and turned on the light. The head of the dead girl was toward the wall. Gheesling took her face in his hands and turned it toward us. Mr. Frank had been behind me as we entered the room, but when Gheesling turned the girl's face to me I looked around and Frank was going out of the room.

Didn't See Her Face.

Q. How long did he have to see the face? A. He didn't have any time, for when her face was turned to the light he had stepped outside the room.

Q. Did you ask him any questions? A. Mr. Black asked him if he recognized the body. He said if her name was Mary Phagan he could tell whether she worked at the factory by looking over his pay roll.

Q. What was his attitude at the undertaker's establishment? A. He still appeared nervous.

Q. How? A. Well, he stepped lively and moved quickly.

Frank sat passive during these questions, his expression an enigma. His wife and mother on each side of him appeared weary.

Frank Looked at Books.

Q. What did Frank do when they got to the factory? A. Frank went to the office and unlocked the safe. He got a book and ran his hand down a column and said: "Yes, Mary Phagan worked here; if I am not mistaken she was here Saturday and drew her pay." He said it was some time a little after 12 o'clock. He asked us if we didn't find a pay envelope near her body. We told him no.

Q. What was the time exactly, according to Frank? A. He just said it was something a little after 12.

Q. What was his manner? A. He was nervous and quick.

Q. What was done about running the elevator? A. I don't remember exactly who said it, but some one suggested that we see where the girl was murdered. Frank went out to the switchbox and opened it, and after he had turned on a few things the machinery began to run.

Tried to Start Elevator.

Q. Did anyone ask him about the switch box not being locked? A. He said the insurance company had him stop locking it, saying it was against the law.

Q. Did Frank run the elevator? A. He pulled the rope to start it, but it would not move. He called Darley and the elevator was started after some little delay.

Q. Did anyone comment on the murder? A. I think Mr. Frank said Darley had worked Newt Lee and that if anyone could get anything out of him it was Darley.

Q. What else happened? A. Frank said: "We had better nail the back door, Darley."

Q. What was done? A. Frank and Darley went to nail the back door.

Q. What did you do then? A. Mr. Frank went to his office, brought out a new slip. He took out the old slip and wrote on it April 26, 1913.

Frank Brought New Slip.

Q. Where was Newt Lee? A. Lee was right behind me, handcuffed.

Q. Where was Darley? A. He was right there.

Q. What happened next? A. Mr. Frank went to his office, brought out a new slip. He took out the old slip and wrote on it April 26, 1913.

Q. What did he do with it? A. He folded it once and went into his office.

Q. Did you see that slip? A. Yes, I glanced at it. The first punch was 6:01 and the second at 6:32. There did not appear to be any skip in it.

Q. Did you hear Frank say anything about something to eat? A. Yes; several times he said he wanted to get a cup of coffee.

Attorney Rosser objected.

Didn't Notice His Eyes.

"Maybe several wanted a drink I expect they did," he said.

Solicitor Dorsey continued.

Q. Did you notice Frank's eyes during the stay in the factory? A. No.

Q. How long did you and Frank remain in the factory? A. I should say something more than an hour.

Q. Where did you go? A. In the automobile with Lee, Darley, Black and Frank to the police station.

Q. Was anybody under arrest? A. Lee.

Q. Was Frank? A. I didn't consider him so.

Q. What did Starnes say to Frank over the phone besides what you have already told?

"I object," said Attorney Rosser, "on the ground that it is essentially a leading question."

"You will have to put the question differently," said Judge Roan to Mr. Dorsey.

Tells of Phone Talk.

Q. Detail, now, what Mr. Starnes said first. A. Mr. Starnes was talking to someone over the telephone. I won't be sure whether he told him who it was or not. He asked this party he was talking to to come to the factory. He said if he would, he would send an automobile for him. With that he turned to me and asked me to go to Frank's house and get him.

Q. Did you hear anyone else call from the factory? A. Soon after we reached the pencil factory, about 3:30 o'clock, I was up in the office with Policeman Anderson and Newt Lee. Anderson was trying to get someone over the phone. I don't know who it was.

Q. What happened at the station? A. They took Frank up to Chief Lanford's office.

Q. Did you see Frank do any writing? A. I saw Newt Lee write, but not Frank.

Dorsey again wanted to refresh Rogers' memory about his testimony head at the same time you did? A. Yes, I suppose so.

Q. Did Frank have any trouble unlocking the safe at the office? Did he work the combination the first time? A. Yes, without any trouble.

Q. Mr. Frank tried the elevator and couldn't? A. Yes.

Q. He called Mr. Darley? A. Yes.

Q. Did it run smoothly when it started? A. Yes.

Q. Did it stop with a jerk when it reached the bottom? A. No; it just stopped.

No Stains in Sawdust.

Q. Was there blood on the sawdust where you found the body? A. No; we couldn't find any.

Q. Was there blood anywhere? A. Yes; some on her underskirt.

Q. Was there blood on her head? A. Yes, there was some dry blood matted in the hair.

Q. Was there blood running anywhere on the body? A. I don't remember any.

Q. Who turned her over? A. Sergeant Dobbs, I believe.

Q. Were you there when they found the shoe? A. No.

Q. Were the shoe and hat found that morning? A. They were not before I left to get Grace Hicks to identify the body.

Went to Station With Party.

Q. How did it happen that Frank went with you to the police station? Did he volunteer to go? A. I don't know exactly. He went along with the party without any hesitancy.

The question was interrupted by a whispered conference between Rosser and Arnold; then Rosser continued.

Q. When Mrs. Frank was telephoning to Darley, how far were you from the telephone? A. About 6 feet.

The re-direct examination was begun by Dorsey:

Q. Could you tell by a glance at the hair whether the girl was white or not? A. Yes, you couldn't tell by the face, but it was evident it was the hair of a white girl.

Couldn't Have Seen Face.

Q. Did you say Frank did or did not see that girl's face in the undertaking establishment?

"I object," said Rosser.

"You can ask only what opportunities he had to see the face," answered Judge Roan.

A. He couldn't see it because her body was not lying so that he could.

Rosser said: "Mr. Rogers, didn't you tell me that you didn't know where Mr. Frank was when you were looking at the girl's face?" A. Yes; but he couldn't have seen it, unless he was standing near me, and he wasn't standing near me.

Dorsey asked: "Did Frank ever go into the room in which the body was?" A. To the best of my knowledge he did not. He went in the direction of the toilet, or a room which I took to be a toilet.

Grace Hicks on Stand.

Rogers was then excused, and Miss Grace Hicks went on the stand. She was questioned by Dorsey.

Q. Did you know Mary Phagan?

At this point members of the jury asked for water and while it was being secured for them, Frank leaned over and held a whispered conversation with Rosser.

The question was repeated.

A. Mighty near a year.

Q. Where did you know her? A. At the National Pencil Factory.

Q. Did you identify her body the morning after the crime? A. Yes.

Knew Her By Hair.

Q. How did you know her? A. By looking at her.

Miss Hicks spoke in a very soft voice. She appeared about 16 years of age. She wore a white dress with light blue ribbons around her neck and elbow sleeves.

Q. How was she when you saw her? A. She was covered except her head.

Q. How did you know her? A. By her hair. It was so long and pretty.

Q. Was she pretty? A. Yes.

Q. Where did you work? A. In the metal room.

Q. What did you do first when you went to the factory each day? A. Punched the clock.

At Factory Every Day.

Q. How often was Mary at the factory? A. Nearly every day.

Q. Where was Mary's work place? A. Right next to the dressing room.

Q. Did you see where the blood was? A. Yes.

Q. A person going from the office back to the rear of the second floor would have had to pass the dressing room, the place near where Mary Phagan worked, wouldn't they? A. Yes.

Q. Did Frank pass there every day? A. Almost every day. He would come back two or three times a day to see how the work was going on.

Q. When was Mary at the factory last to work? A. The Monday before April 26.

Saturday Regular Pay Day.

Q. Why didn't she work that week? A. The metal had given out.

Q. Where was the metal kept? A. In a little closet under the stairway.

Q. When was the regular pay day? A. Saturday at 12.

Q. Was anyone paid off Saturday, April 26? A. Most of them were paid off Friday night before, as Saturday was a holiday.

Dorsey then had the witness point out the machinery where Mary Phagan worked on the second floor, as shown on the Bert Green diagram. Then Rosser took the witness on cross-examination.

Attracted by the report that the State intended to introduce its most important witnesses during the day, a larger crowd than that which clamored for admission on the first two days of the trial besieged the courthouse Wednesday morning as the time for the resumption of the Frank trial approached.

That a sensation is to be sprung by the defense by the production of the mysteriously missing ribbon and flowers from the hat of the murdered girl was repeatedly indicated by Attorney Rosser's line of questioning Tuesday and the afternoon before.

Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, the attorney for Frank interrogated every witness who saw the girl alive or dead that day in regard to the ribbon and flowers.

Mrs. Coleman said that the ribbon and flowers were on the hat when Mary left home. Newt Lee said that he had seen no sign of the missing trimmings. The testimony of Sergeant L. S. Dobbs was the same. Detective Starnes, when he was turned over for the cross-examination, made the same admission.

It is believed that Rosser will produce the ribbon and will attempt to establish that it was found in a place throwing suspicion upon the negro Conley.

Frank was brought to the courthouse at about 8 o'clock Wednesday morning. There was no change in his demeanor or physical appearance. If the trial has been any strain upon him he does not display the effects. He was dressed in the dark mohair suit he wore Tuesday. He greeted his friends cheerily and spoke confidently of acquittal.

The jurors, sleeping in three rooms at the Kimball House, spent a restless night. They appeared rather fagged when they were brought into the courtroom at 9 o'clock.

First Witnesses Unimportant.

Attorneys for the State have announced that the witnesses called Monday and Tuesday were only for the purpose of starting the presentation of evidence against Leo Frank right from the opening incidents of the day that the murder was committed, and that they were important only in so far as they assisted in making a continuous chain of evidence, and as they made here and there

Statements which might be interpreted as damaging to the accused.

Working on the foundation laid by Tuesday's testimony, Solicitor Dorsey was understood to be prepared Wednesday and Thursday to introduce witnesses who would swear that the red stains found in two places on the second floor were splotches of blood and not aniline or any other coloring stain; also that the bloody finger-prints on the rear door of the basement were the finger-prints of Leo M. Frank.

City Detective J. N. Starnes just before he left the stand Tuesday night identified pieces of wood as pieces he had chipped from the rear door of the factory. There were finger-prints easily distinguishable upon them. A finger-print expert was in the employ of Solicitor Dorsey for some time during the investigation of the murder mystery and was named among the State's witnesses.

The red-stained chips from the factory floor were sent to Dr. Claude E. Smith, city bacteriologist, for analysis. Dr. Smith also is one of the State's witnesses and was expected to be called Wednesday or during Thursday's forenoon session.

Writing Pad Evidence?

It was understood when the trial opened Wednesday morning that Detective Starnes would be recalled to the stand by the Solicitor to tell of finding on a shelf just outside Frank's office writing pads of paper similar to that on which the notes found by Mary Phagan's body were written.

If the Solicitor did not alter his plans meantime, J. M. Gantt, discharged factory employee, was to be the next witness on the stand. Gantt told at the Coroner's inquest that Frank appeared nervous and apprehensive when he (Gantt) went to the factory at 6 o'clock Saturday night to get some shoes he had left in the building.

Starnes was on the stand practically all of Tuesday afternoon. While the direct examination was in progress the detective told of his part in scouring the pencil factory for evidence.

One of his statements on which the State is relying to establish that Frank acted and talked in an incriminating manner the morning the body was found consisted in his testimony in regard to a telephone conversation which he said he had with the factory superintendent that morning.

Starnes, under the examination of Dorsey, said that he had been very guarded when he called up Frank that morning and had merely said that he desired Frank's presence at the factory. He denied that he had mentioned the fact that a girl had been killed.

Claim Frank Knew.

It is the purpose of the State to seek to establish that Frank, without being told of what had happened, had made remarks to the officers when they came for him which indicated he was not unaware that a girl had been murdered in his factory.

The main points of Starnes' testimony were:

That he had discovered stains resembling blood in two places on the second floor of the factory.

That Frank acted nervous when brought to the factory.

That Frank made a strange remark to Foreman M. B. Darley that he "had more than one suit of clothes," referring to the fact that he had on a different suit than the one he wore the day before.

That Lee appeared composed when questioned Sunday by the detectives.

That he witnessed the new night watchman in the pencil factory make a complete punch of the time clock covering a period of twelve hours in five minutes.

Under Rosser's cross-examination Starnes admitted that it was practically impossible for him to remember the exact words he used in certain parts of his testimony at the Coroner's inquest. This admission was obtained by Rosser to show that Starnes' memory in respect to the telephone conversation with Frank could not be regarded as any more reliable. Rosser brought out that Starnes failed to mention at the Coroner's inquest either the matter of the telephone conversation or of the alleged conversation he held with Frank the morning of the murder.

Starnes also admitted that the finger-print chips which were shown him by Solicitor Dorsey might not be the same chips he had taken from the rear door of the basement, as the chips had been out of his possession part of the time during the investigation.

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PAGE 2, COLUMN 1

DIAGRAM OF COURTROOM WITH FRANK TRIAL IN PROGRESS

PAGE 2, COLUMN 8

KEY TO DIAGRAM

1. Judge Roan

2. Leo M. Frank

3. Frank's Mother

4. Mrs. Leo M. Frank

5. Reuben Arnold

6. Luther Rosser

7. Court Reporters

8. Witness Stand

9. Sheriff Mangum

10. Jurors in Jury Box

11. Detective Starnes

12. Solicitor Dorsey

13. Frank A. Hooper

14. Pat Campbell

15. Chief Langford

16. Press Table

17. Lawyers & Attaches

18. Deputy Minter

19. Clerk T. Jeffries

20. Spectators

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PAGE 1, COLUMN 1

PHAGAN CASE RIVALED IN DALLAS

Mystery in Slaying of Girl Typist in Downtown Office Grows. All Clews Fail.

DALLAS, TEXAS, July 30. After hours of the most thorough investigation the police of Dallas to-day admitted that they were no nearer a solution of the city's worst murder mystery than they were when the body of Florence Brown was found in the office where she was employed.

A pearl button, evidently from a man's shirt, found lying in a pool of blood was the only tangible clew in the possession of the police. Wax impressions of the finger marks in the girl's flesh were taken. The detectives on the case have gone over the scene of the crime a dozen times and have compiled a complete history of the young stenographer's life without result.

Left Her Home in Auto.

Miss Brown left her home at 8 o'clock Monday morning. S. B. Cuthbertson, an employee of the real estate firm employing her, called for her in his automobile. Leaving Miss Brown at the office, Cuthbertson went on to the courthouse, where he spent less than 35 minutes transacting business. When he returned to the office, Miss Brown was not at her desk, but the other employees of the firm had not noticed her absence.

G. W. Swor, manager of the rental department, entered the lavatory and came upon the girl's body lying in a pool of blood. She had been dead only a short time, and there were evidences of a desperate fight waged by the girl against her slayer.

Rings Torn From Fingers.

Blood was on the wall and the girl's throat was cut. Marks on her left arm showed where strong teeth had met in the flesh. Two rings were torn from her fingers. A blood-covered hammer was found. The sharp instrument that cut her throat was not found. The murderer apparently left the office in haste, although he stopped to wash his hands of the girl's blood.

Search began to-day for a woman suspect. The police said the scratches and teeth marks on the girl's arm were not made by a man, but that they were the marks made by a woman fighting.

The last of the 25 white men taken into custody as suspects were released to-day.

A new development disclosed by to-day's investigation related Miss Brown's activity in unearthing crookedness in the management of part of the real estate firm's business during the absence of Miss Brown's uncle, a member of the firm.

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PAGE 1, COLUMN 4

FRANK TRIAL BATTLE WAGED AROUND PHAGAN DEATH NOTES

Here is a facsimile of one of the notes found beside the body of Mary Phagan and introduced in the trial of Leo M. Frank. The defense met with little success in its effort to make Newt Lee admit that he had a part in the writing of this note. Sergeant Dobbs, however, testified that when the officers deciphering the note came to the word "night," Lee said: "That means me." "Night witch" has been interpreted to mean "night watchman." The real battle over the notes will come when Jim Conley, who admits writing them, is put on the stand.

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PAGE 3, COLUMN 1

ROSSER'S EXAMINATION OF LEE JUST A SHOT IN DARK; HOPED TO START QUARRY

*By JAMES B. NEVIN.*

If Mr. Luther Z. Rosser's bite is one-half so dangerous as his growl undoubtedly is disconcerting and awe-inspiring, there will be little save shreds and patches of the prosecution left when the State comes eventually to sum up its case against Leo Frank.

Rosser's examination of Newt Lee was one of the most nerve racking and interesting I ever listened to.

It reminded me much of a big mastiff worrying and teasing a huge brown rat, and grimly bent eventually upon the rat's utter annihilation.

A witness up against one of Rosser's mighty bombardments is in a decidedly uncomfortable predicament no doubt about that!

True, Lee snapped back at Rosser and growled angrily every little bit, and strove this way and that to get away from the insistent prod of the tremendously menacing mass of humanity forever in front of him, worrying, teasing, sneering, and threatening, but he could not.

Always the terrible Rosser was there and so, every little bit, Lee would fall back into the witness chair, with an audible sigh, and say, ever so softly and abjectly, "Yassi," "yassir, Ah guess dat's so!"

Sometimes Lee Countered.

Bulldozer Rosser may be, browbeater perhaps, he still is far and away the most picturesque figure in the trial as it has progressed to date.

The Solicitor General outspokenly resents the Rosser methods of examining witnesses and endeavors with all the resourcefulness at his command to counteract them and set them so far at naught as he may but just as plainly he fears the powerful figure leading the case for Frank, and dreads to the very limit the effectiveness of his methods.

It must be remembered that the State is relying largely upon the testimony of two ignorant negroes for the conviction of Frank.

Conley is the State's star witness and Newt Lee is its second best bet. Both are densely ignorant, and, theoretically at least, more or less easy marks for the Rosser method of examination.

Time and again, Lee rallied and came back at his tormentor with telling effect it is likely altogether more than once the jury's sympathy went out to Lee in large measure, while Rosser was grilling him and to the darkey's occasional sallies and adroit sidesteps, the spectators in the courtroom frequently responded readily with approving titters and guffaws.

Still, more than once Rosser mixed the negro up somewhat and we may hear more of that when the adroit Arnold comes to the bar for argument.

'Rapiers' Second the 'Clubs.'

And so, it seems to me now that the battle is to divide after this fashion: Rosser is to wield the bludgeon, and Dorsey is to neutralize or ward off its shock wherever and whenever he can, while Arnold and Hooper are to undertake the more skillful and artistic, but none the less deadly, rapier work.

Rosser is to smash and bang things around, and Arnold is to puncture, thrust and parry.

It will be, in those circumstances, full and fair time from small boys and persons of hesitating dispositions to stand from under but neither Dorsey nor Hooper is made of that variety of human clay.

"Whom the gods would destroy they first make mad," of course and Luther Rosser has scored many a brilliant victory in the past through the simple process of making the other fellow mad.

And he can make Dorsey mad, too and does, frequently!

If only Dorsey had Hooper's poise and unruffled calm, the assaults of Rosser and the aggravating persistence of the man would be as harmless as the shots of a popgun against a modern man-of-war.

Dorsey Falls Into Trap.

But Dorsey isn't Hooper, and the consequence is that Dorsey gets very angry now and then, which is exactly what Rosser is driving at and when Dorsey communicates some of his distress of mind and temper to the witness on the stand, the physchological condition Rosser is fighting for has been set up, and if he doesn't make the most of it every time it happens, his hand will have lost its cunning and he will belie and contradict a lifetime achievement at the bar.

At times, there is something grimly humorous about Rosser as when, having befuddled a witness and exasperated him to the very verge of madness, Mr. Rosser will say, with studied sarcasm and belittling emphasis, "Oh, well, we'll not quarrel about that we'll not quarrel, you and I!"

If that doesn't make the witness a thousand times madder than ever before, I can not imagine why!

When it comes to handling a witness of the caliber of Sergeant Dobbs, Mr. Rosser does not perform any particular transformation in his make-up or his methods.

He essays no Dr. Jekyll and Mr. Hyde roles he ever and always is the same big, massive, powerful, crushing, snorting, fighting, destroying mass of humanity, under full mental and physical steam ahead!

His Scowl Good Argument.

If anybody in this world is capable of lifting himself by his own bootstraps, unquestionably Mr. Rosser is the man!

No one in all the courtroom watches him so closely, and apparently so analytically, as does the defendant's wife, Lucile Frank.

Frank watches him rather curiously, even quizzically; the elder Mrs. Frank the defendant's mother not quite so closely but the prisoner's wife rarely takes her eyes off her husband's leading counsel.

And there is something amazingly fascinating about Mr. Rosser.

He is fascinating physically of course his superb mental equipment is not debatable much after the same fashion that old John L. Sullivan used to be.

In his palmy days, one of old John L.'s scowls often served to scare an adversary instantly into a doubt that a second scowl not infrequently evolved rapidly into despair.

Old Jake Kilrain told me once in Washington city that he never was genuinely afraid but once in his life, and that was the first time his ancient enemy, John L. Sullivan, frowned ferociously upon him in the beginning of their first fight and that he (Kilrain) never got over it.

Both Center on Purpose.

"If only once or twice he had smiled upon me and looked the least little bit pleasant, I might have licked him," said white-haired old Jake Kilrain, "but he never did once indeed, I never once saw Sullivan smile while fighting, in all the days I have known him!"

And I mean it as a compliment to Luther Z. Rosser when I credit him with that same sort of terrible definiteness of purpose in trying a case.

Mr. Rosser lets it be seen, cautiously and carefully at first, that he had a deadly intent toward Lee. He made it plain by an adroit development of questioning, that he proposed showing, if he could, more in Lee's connection with this crime than the public latterly has imagined to be possible.

Eventually it dawned upon the thick-witted negro there in the witness chair that Rosser was leading up, through all those puzzling and worrying questions, to a fixed and steady mark, and Lee could be seen plainly to squirm and twist as he drew inevitably nearer and nearer the perilous brink.

Story Virtually Unshaken.

He began to shift and back away from questions, to complain of inaccuracy in the stenographic reports of the Coroner's inquest, to evade and become indefinite. Evidently, at one time, the negro was growing afraid, and he undertook to be as cunning and as cautious as he might.

And yet, with all of that, he stood the ordeal pretty well, and came through relatively unhurt and certainly not seriously damaged. I think his evidence, as an isolated thing, amounts to little, anyway but I think it went to the jury fairly well unchallenged, at that!

The fighting so far, in its fuller aspect, has been so plainly skirmishing and jockeying for position that many spectators must have wondered often, as I did, what sort of accounting that other and far more important sable figure in the Frank trial, Jim Conley, might be expected to give of himself under the merciless fire of Rosser.

It is about the negro Conley that the battle will reach its zenith and the fighting will be the fiercest.

After Conley has been disposed of, one way or the other, the case against Frank will be either up or down, according to the status of Conley when his remarkable story has been put to the ultimate test.

Will Conley Stand the Test?

Will Conley be as nimble-witted as Lee was?

Will he be able to withstand the onslaughts of Rosser and Arnold, even approximately as well as Newt stood them?

If he does

Conley thus far has held himself together pretty well. His examinations, however, have been altogether one-sided. A very different story may be told after he has been up against the best legal talent the defense could secure.

Newspapers have reported, from time to time, how Conley was "grilled" by thus and so never a party to the defense and it has been related how well he "stuck to his story" when, after three trials, he apparently succeeded in getting hold of a story he could stick to overnight as a fundamental proposition; but whether the word "grilled" should not really have been "drilled" never has been perfectly clear in my mind.

Conley ought to have his story well in hand by now, in any event; and so, if it is a true story, neither Mr. Rosser nor Mr. Arnold will succeed in breaking him down.

On the other hand, if Conley relates an untrue story, surely Rosser and Arnold will be able to locate the loose joints in it, and when they do Conley should read as readily as anybody the big and sinister danger signal that there and then will loom significantly ahead of him.

Rosser Shoots in Dark.

As for the examination of Newt Lee by Mr. Rosser, it impressed me often as a mere shooting in the dark, hoping to hit something.

To my mind there is nothing much to Lee save and excepting the one fact that he discovered the dead body of little Mary Phagan in the factory cellar.

He is a genuine negro, with all of a negro's superstitious antipathy for a dead body. He went into the cellar on a perfectly natural and ordinary mission, and there he discovered the body. Just so soon as he satisfied himself as to what it was he undoubtedly did, as he swore, "light a rag out of thar!"

Immediately he called the police, as he had been instructed to do by Frank, when he (Lee) first was employed as a night watchman in the factory.

That is all he knows about the crime and it is all Mr. Rosser ever got out of him, and ever will get out of him.

The remainder of his testimony is relatively unimportant, although, to be sure, there are bits of it that will serve to account for any seeming unnaturalness in the behavior of Frank just prior to his departure from the factory Saturday afternoon and later along in the evening.

Battle Has Just Begun.

The battle for Leo Frank's life, liberty and honor as a man, the fight to clear his home of the shadow of tragedy forever, has hardly yet begun.

The fighting so far has been indecisive, and to neither side has fallen any advantage worth reckoning upon.

The State has sustained itself very well because it hasn't lost anything and about as much may be said for the defense.

And not until Jim Conley gets into the case will the really big guns be unlimbered.

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PAGE 3, COLUMN 3

ARTIST'S SKETCH OF FRANK AND HIS WIFE IN THE COURTROOM

The prisoner and his wife are the center of all eyes.

Mrs. Frank is at her husband's side throughout every session.

They are unmindful of the gaze of the curious, and converse frequently with satisfaction on the case.

Mrs. Frank at times turns a withering glance toward the prosecutor's table.

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PAGE 3, COLUMN 3

FRANK'S MOTHER PITIFUL FIGURE OF THE TRIAL

Defendant Perfect in Poise, His Wife Picture of Contemptuous Confidence.

*By L. F. WOODRUFF.*

Arm akimbo, glasses firmly set, changing position seldom, Leo M. Frank sits through his trial with his thoughts in Kamchatka, Terra del Fuego, or the Antipodes, so far as the spectators in the courtroom can judge.

He may realize that if the twelve men he faces decide that he is guilty of the murder of Mary Phagan, the decree of earthly court will be that his sole hope of the future will be an appeal to the Court on High. His mind may constantly carry the impression of the likelihood of the solemn reading of the death warrant, the awful march to the death chamber, the sight of the all terrifying gibbet, the dreadful ascension of its steel stairs, the few words of religious consolation and then the drop.

Frank's Face a Mask.

But if he does realize these things, his face is as completely masked against emotion as that of a skilled poker player.

To all appearances, he is the defendant in a civil suit on a contract of $100, and he has the money in his pocket to pay the judgment if the court should rule against him.

An outsider entering the courtroom, uninformed, would look in vain for the man whose chief interest is in the trial.

There is a world of earnestness written on the faces of the array of counsel. The jurors sit with fixed faces. Their nervous fanning tells their emotion. The court is all interest and the spectators lean forward, ears strained to catch every word, eyes keen to observe every move.

But Leo Frank sits there placid as a pool, calm as a champion about to go forth to assured victory. If anything, his appearance indicates that the trial is not a trial to him. It is simply a detail of a misfortune that is through circumstance.

Frank's months in prison have not affected him physically. His eyes are extremely luminous. His olive skin is exceedingly clear. He holds his spare frame erectly.

He speaks seldom. Occasionally he turns to pass a word with his wife. Every now and then he has a brief conference with his counsel. More often he gazes straight ahead at nothing.

He sits next to the massive Luther Rosser. When Rosser is on his feet he is next to studious-appearing Reub Arnold. When he speaks to them, his voice is impassionate and his sentences are carefully framed.

Frank's Wife Confident.

Behind him is his wife. Mrs. Frank is a remarkably handsome woman. She shares the stoicism of her husband in the trial. Though she has not missed one minute of the hearing, she has never shown that she realizes that the outcome of the case may change her to a widow.

Twice after the court has taken recesses, and Frank has been turned over to his deputy sheriff guardian, she has embraced and kissed him.

But afterward she has walked from the courtroom, head thrown back, shoulders erect, apparently unconcerned. On the street she would be taken for a woman out for an afternoon of shopping rather than the woman who bears the name of the man charged with the blackest crime known to Atlanta criminology.

Then to the left of her sits the pathetic figure of the trial. To those who believe Frank guilty, his personality is not one to arouse pity. His self-assurance is too apparent. His wife hardly stirs sympathy. She, too, is apparently confident of victory.

But there's the mother. Hour after hour she sits and listens to men trying to send her firstborn to the gallows. Hour after hour she is thrilled by the skillful struggle that his counsel makes to have the family name cleared of the stain brought by the charge that now rests against it.

Mrs. Frank is a motherly-looking woman. Her form is ample, and in her younger days was evidently a woman of striking appearance. She is typical of the mother of her race the revered head of the Hebrew family.

In this trial, though, her eyes are practically always fixed on her son. Their yearning light spreads through the big courtroom.

Their every flash sends the message that she wants him back on her breast a free man.

No single feature of the trial escapes her. When the prosecution scores, another line is added to the face that has been wrinkled by the three months of waiting and horror. When the defense seems to have an advantage, there is a joy expressed as great as the power of Niagara.

When the attorneys ask a question, her eyes are fixed on the questioner. When the witness answers, her gaze is on him. When the court rules, every movement of his lips is marked by her.

But there is always an eye for her son. During the trial he wished a drink of water. The pitcher was on the desk of his counsel, far from his seat and near hers.

When he looked for it, she divined his wish. She was on her feet in a second. The glass was in her hand. The water was poured out. In her trembling grasp it was passed to him.

As he took it, his stoicism broke. He smiled his acknowledgment of the little act of kindness, and there was a wealth of love in his smile, and she smiled back reassurance. Superlatives couldn't tell the meaning of that smile.

***

Mary Phagan is dead. She died horribly, the victim of as cruel a beast as ever polluted the soil of the Southland.

But Mary Phagan is dead; she sleeps peacefully beneath a flowered sod.

The mother of Leo Frank is alive, and be her son innocent or guilty, the mother is the pitiful figure in this black and baffling mystery.

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PAGE 3, COLUMN 6

Flashes of Tragedy Pierce Legal Tilts at Frank Trial

*By O. B. KEELER.*

The trouble is, plain human emotions won't stick at concert pitch all the time.

And so the Frank trial, after the first twenty minutes, say, becomes much like any other trial.

Except in the flashes.

You get into the courtroom with some formality. At once you are in the midst of order. It is rather ponderous, made-to-order order. But it is order.

Officials stalk about, walking on the balls of their feet, like pussy cats. But they do not purr. They request you to be seated. You must not stand up; you must sit down. Unfortunately, you must stand up to walk to a place to sit down. And that grieves the officials. They mop their faces. One in particular uses an entirely red bandana handkerchief sometimes for his face, sometimes to flag standing spectators, who must sit down.

There is order.

Thrills Get Temporary Check.

Until you are thoroughly sitting down there is no chance for the concert pitch to vibrate. Human emotions are constituted so curiously that a rasping collar has been known to overbalance the dread presence of the King of Terrors. Honest persons have admitted this. And the grim portent of the Frank trial produces no thrills while you are stepping on other people's feet.

Being seated, the first thing you do is to perspire gently. That of itself is not romantic. Also it interferes with the concert pitch. It is hard to reconcile perspiration and cold prickles back of the ears.

You get the first tingle when you pick out the accused. Your neighbor does not help you do this. One's neighbor at a trial rarely knows anything about anything connected with it.

You pick out the prisoner because you have seen many pictures of him. He is one of those whose pictures look like them. You are quite certain who it is.

First Chord a Mere Tinkle.

But the opening chord of the concert pitch is disappointing. It is not majestic and soul-stirring. Frankly, it is more of a tinkle.

Here is a slim little man. He is dark. His face is sharply cut and lean. His eyes are well opened, back of thick lenses. That was the first real tingle. Did those eyes glare down upon the huddled figure of Mary Phagan in the echoing loneliness of the pencil factory that Saturday afternoon?

Glared through the thick lenses?

The grotesquery jars oddly. The thrill passes. There is Rube Arnold, objecting to something. It is among the duties of counsel for the defense to be constantly injured. Mr. Arnold is good at that. He is not going to fail, if the court please, in his full duty to his client, who sits there. And the particular part of Mr. Arnold's duty at this moment is to see that his learned brother does not get before the jury from this witness any of his (the witness') ideas as to how the defendant looked the morning after the tragedy at the pencil factory.

Mr. Arnold Philosophizes.

Mr. Arnold begs to submit that an officer, if it please the court, thinks everybody looks guilty. Mr. Arnold begs to submit further that the human face is the most inscrutable thing in the world. And Mr. Arnold will say

You discover the defendant's wife and mother, and lose the thread of Mr. Arnold's philosophy.

They sit by his side. The mother's face is of the inscrutable type pictured by Mr. Arnold. The wife's face. That was thrill No. 2. You realize in a flash what the Frank trial means to her.

She watches the witnesses more closely than her husband. She moves her fan nervously at times. She regards the prosecutor and his assistant with a certain contemptuous defiance. The tingle lasts until you realize she is chewing gum.

Mr. Arnold's philosophic objection has spun itself out. Mr. Dorsey resumes his questioning. Mr. Dorsey has a querulous manner of asking questions. Mr. Arnold's injured objections may explain that.

The Pathos of a Dress.

The testimony just now is not thrilling. It has to do with a stairway and an office and some very usual-looking cord or heavy twine. The witness has to get up frequently and point out things on a framed plan of the pencil factory that hangs on the wall where the jury can see it.

He uses an umbrella. He may be pointing out the very spot where Mary Phagan But the handle of the umbrella is bent. Is it his own umbrella? It looks like a woman's. *** Where did Mr. Dorsey get that twine, anyway?

Oh, the suitcase. There are other things in the suitcase. A little heap of things on the floor of the witness stand a crumpled dress, a hat.

And that time you wink your eyes very hard, because they sting. What was in that little girl's mind as she put on that hat for the last time? What painstaking care had she used to make it her "best" hat what needle pricks, maybe, in the small fingers? And the lavender dress. And the end of all, in the dust and dirt of the pencil factory basement.

Just for a flash it's all real. And cold. And grim. And pitiful.

Rosser Soars Regardless.

Then Mr. Arnold objects again, and there is another dreary wrangle, and the idea gets uppermost in your head that the city detective is a most literal-minded witness.

It is confusing.

Mary Phagan's sister is there. She wears a black hat and an unaccustomed veil. You look in vain for tributes to emotion. She shows a mild interest in Mr. Rosser's pomp and circumstance of language. Instead of another thrill, you gain a hazy impression that Mr. Rosser is an orator who loves to soar who would soar, in fact, when he might get along faster by walking.

You hear the purr of the fans, the shuffle of feet, the clearing of throats. You are sensible that it is very warm and that the judge twice has handled his palm leaf as if it were a gavel. You see a juror yawn luxuriously and once more find proof that yawning is contagious.

Oh, yes after the first twenty minutes (say), the Frank trial is much like any other, except

Again a Thrill Then Reaction.

"A big splotch that looked like blood."

"Where was it?"

"Well, some of it was over in the corner. It looked as if it had been swept over with something white. The rest "

"Well, tell the jury where was the rest."

"Around a nail that stuck out. The top of the nail was covered with blood, and "

You sit back and your hands hurt from squeezing the arms of the seat. They are talking about a stairway again, and the city detective is pointing out something on the map with the bent-handled umbrella.

No use.

Plain human emotions simply won't stick at concert pitch, even for the terrific romance of murder.

Once in a while, over the whirr of fans and the shuffle of feet and the interminable squabbling of counsel, you feel the shadow of a crime an uglier crime than that which took Eugene Aram out of Lynn, "with gyves upon his wrist."

But only in the flashes.

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PAGE 23, COLUMN 1

GIRL'S STORY HELPS FRANK

Accused Feared to Look at Body, State Claims

FRANK SELDOM SPOKE TO FACTORY GIRLS, IS MISS HIX'S EVIDENCE

Sixteen-year-old Grace Hix, a pretty employee of the National Pencil Factory living at No. 100 Mc Donough road, who identified the body of Mary Phagan, was called by the State in the trial of Leo M. Frank Wednesday, but proved a much better witness for the defense.

Slight and graceful and attractive, the young factory girl made a decidedly pleasing impression in the half hour she was on the stand. She answered all of the questions asked her by Solicitor Dorsey and Attorney Rosser with simple directness and apparent truthfulness. She was the first witness whose testimony was distinctly favorable to the defense.

She was attired entirely in white. She seemed not at all embarrassed by the hundreds of eyes focused upon her and never for a moment was confused by the questions of the attorneys. Her testimony was accompanied from first to last by gestures. She explained conditions and situations in the factory, it seemed, exactly as she would have explained them in the privacy of her own home.

In response to the questions in the cross-examination conducted by Attorney Rosser, chief of counsel for Frank, she said that she never had known of Frank speaking to any of the girls in the factory except in connection with their work and never had known that he had attempted familiarities of any sort. As far as she knew he had never spoken to Mary Phagan.

Spots Might Have Been Paint.

The red spots discovered by the detectives on the second floor, for all she knew, might have come from the paint room. She said that paint frequently was spattered on the floor when the employees in the paint room were walking to the dressing rooms.

"And do you girls have a place to comb your hair?" inquired Attorney Rosser.

"Yes, we have one, but many of us girls comb our hair right where we happen to be working," she responded naively.

"And are there any of the girls in the factory who have hair the color of Mary Phagan's," continued the attorney.

"Yes, there's Magnolia Kennedy. Her hair is almost the same color."

Points for Defense.

By the testimony of this one girl Attorney Rosser showed that it was possible that the red spots on the floor in the dressing room and toward the middle of the factory might have been red paint and not blood; that the hair found on the lathing machine might have been that of Magnolia Kennedy, or some other girl who had been combing her hair there, and, finally, that Frank's deportment among the girls of the factory, so far as she knew, was always exemplary.

The Hix girl was called by Solicitor Dorsey to tell of her identification of the body of Mary Phagan the morning after the murder and to describe some of the physical characteristics of the second floor of the factory.

With her testimony he continued in laying the foundation for his theory that the attack upon Mary Phagan was made on the second floor of the building and not on the first floor, where Jim Conley was in hiding.

Tries to Show Frank's Horror.

He had her tell of the proximity of the men's and women's dressing rooms on the second floor and how it would have been impossible for a person entering the men's not to have passed within a few feet of that for the women.

Solicitor Dorsey, by his other two witnesses of the forenoon, W. W. ("Boots") Rogers and Detective John Black, sought primarily to place in the hearts of the jurors that Leo Frank attacked and strangled Mary Phagan in the factory April 26, and then, in the revulsion of horror at his deed, was in abject terror of looking upon the face of his victim when he was taken to the morgue for the purpose of identifying her.

The Solicitor drew from the two men other circumstances of the morning after the crime, which he evidently proposes to interpret as significant of Frank's guilt, but he laid the greatest stress on the visit of Frank at the morgue, where both Rogers and Black testified Frank avoided gazing at the bruised and contorted features of the murdered factory girl.

Say Frank Was Nervous.

Black and Rogers testified that Frank appeared nervous all the morning after they went for him at his home, 68 East Georgia avenue, and took him to the morgue and later to the factory. Rogers was on the stand about two hours and told a seemingly straightforward story. He was not bothered much by the cross-examination of Rosser, but made slight modifications to some of the statements in his direct testimony.

It was evident that Black's testimony was going to precipitate a lively squabble between the attorneys the moment that he went on the stand. Attorney Rosser was on his feet with objections almost every half minute. Either his objection was leveled at the manner of Black's testimony or the character of the Solicitor's questions. Almost invariably he won his point.

Rosser declared that Black was stating his own conclusions in regard to the mental state of Frank instead of merely presenting to the jury its outward manifestations and permitting the jury to judge for itself.

To Spring Surprise in Gantt.

Black asserted that Frank was pale and nervous on the morning of April 27; that he talked excitedly and asked questions without waiting for answers, and that his voice was trembling and hoarse, and that he never entered the room where Mary Phagan's body lay at the morgue.

Attorneys for the prosecution indicated

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PAGE 24, COLUMN 1

FRANK LAUGHS FOR FIRST TIME DURING TRIAL WHEN HOME INCIDENT IS TOLD

*Continued From Page 1.*

indicated Wednesday morning that a surprise would be sprung when J. M. Gantt, a discharged employee of the National Pencil Factory, took the stand. They would not divulge the nature of his expected testimony, but a rumor is to the effect that Gantt will assert that he saw Conley and Frank talking together in Frank's office at the time Conley stated in his affidavit that Frank was dictating the notes found beside the Phagan girl's body.

Gantt several days ago denied to Georgian reporters that he had seen Conley at all on the day of the crime, and declared that he did not intend to give testimony of this sort.

Never Spoke to the Girls.

Q. You worked there a year? A. I worked there five years. Mary worked there a year.

Q. In those five years how many times did you speak to Mr. Frank? A. Three times.

Q. How many times did you see him speak to Mary Phagan? A. None.

Q. Did he ever speak to the girls when he came through the metal room? A. No.

Q. What did he say to you the time he spoke to you? A. He was passing through the room one day with a visitor. I was leaning my head on my hand. He said: "You can run this machine asleep, can't you?" The other times he spoke to me on the street.

Q. Did he know your name? A. I don't know; he knew my face.

Combed Hair at Machines.

Q. Miss Grace, there was a place up there where you combed your hair, wasn't there? A. Yes.

Q. Where was it? A. Sometimes we combed our hair at the machines.

Q. What color was Mary Phagan's hair? A. It was sandy, darker than mine.

Q. How far from the machine where you sat and combed your hair, as the lathe where the strands of hair were found? A. About 15 feet.

Q. Was there another girl who sat near Mary who had hair like her's? A. Yes, Magnolia sat on one side of her and I sat on the other. Magnolia's hair was sandy, too.

Q. You went on Friday to get your pay with the other girls, didn't you? A. Yes, sir.

Frank Not Paying Workers.

Q. Who was paying off, Mr. Frank? A. No, I don't remember who. It wasn't Mr. Frank, though.

Q. Whom did you see there? A. Magnolia Kennedy and Helen Ferguson.

Q. Who were the other girls in your department? A. None other but Mary.

Q. What did you do in that department? A. Cut metal tips.

Q. What time did they pay off on Friday? A. About 6 or 7 o'clock, a little later than usual.

Q. Wasn't there placards in the factory stating that Saturday would be a holiday? A. I didn't see any. I didn't know there was to be a holiday until Mr. Quinn told me.

Solicitor Dorsey then took up the redirect examination.

Q. If there had been any cards stating there was to be a holiday you would have seen them, wouldn't you? A. Yes, I think I would.

Q. When did you know there was to be a holiday? A. When Mr. Quinn informed me Friday.

Q. Do you still work at the pencil factory? A. Yes.

Q. How do you know that a man sitting at Frank's desk could not see a person registering? A. I don't know.

Q. You say there was paint around the machine? A. There was paint in the polishing room.

Q. How far is it from the end of the dressing room where they say blood was found to the polishing room? A. Four or five feet.

Q. How far back in the room do they keep the paint? A. On all the machines.

Saw No Red Paint on Floor.

Q. Did you ever see any on Mary's machine? A. No.

Q. Was the paintroom off and separate? A. Yes.

Q. Did they keep paint out where Mary's machine and dressing room were? A. No.

Q. Did you ever see any outside? A. Sometimes drops on the floor where the women come out to get water.

Q. Was it easy to tell whether it was paint or blood? A. I never saw any red paint on the floor.

Here Attorney Rosser took up the recross-examination.

Q. They did have red paint in there, and they could have dropped it? A. Yes, sir.

Q. It was hard to tell what color it was, after it hit the floor, wasn't it? A. The floor was awful dirty.

Detective Black Called.

Detective John R. Black followed Miss Hix to the stand. Solicitor Dorsey questioned him.

Q. Where were you working before you went with the police department? A. Atlanta Brewing and Ice Company.

Q. Who owned the stock of that company? A. Mc Candless

Here Attorney Rosser jumped to his feet.

"I object," he exclaimed. "That can have no bearing on this case."

"I agree with you," ruled Judge Roan.

Q. When did you first see Newt Lee, the day the crime was reported? A. About 5 or 5:30 o'clock in the morning.

Tells of Visit to Frank Home.

Q. Did anyone call Mr. Frank? A. Mr. Starnes called Frank and asked him if he would come to the pencil factory.

Q. Was that all? A. All that I can recall.

Q. Describe what happened when you went to Frank's house. A. I went to the door and rang the bell. Mrs. Frank came to the door and asked what we wanted. I told her I was detective from the police station and wanted to see Mr. Frank. Almost at once he stepped from behind some curtains. He asked almost immediately if anything had happened at the factory.

Knew Frank Previously.

Q. Did you know Frank before you went to the factory? A. Yes, I saw him about two years ago and again about eighteen months ago.

Q. Then you knew him? A. Yes.

Q. Did you know him or recognize him, when you saw him that Sunday morning? A. No.

Q. Was Frank nervous or excited when you saw him two years ago? A. No.

Here Attorney Rosser objected to the testimony being given along this line. Attorney Arnold also arose to his feet and said:

"No police officer can give an opinion as to how a man looks!"

Judge Roan said:

"Now, Mr. Black, state the facts and give your reasons."

Says Frank Was Nervous.

Q. When you saw Frank the morning of April 27, did he seem nervous? A. Yes.

Q. Why? A. Because he had some considerable trouble putting on a collar. It seemed that he couldn't tie his necktie, and he kept asking fast questions. He asked real quick: "Has anything happened at the pencil factory?" And before I could answer, he asked: "Did the night watchman report it?"

Q. Did he express any anxiety to go to the pencil factory?

Rosser objected with: "That is merely a conclusion, your honor."

Frank Without Breakfast.

"Let him state exactly what happened, and the jury can draw their conclusions," said Judge Roan.

Q. Did he ask for anything before leaving home? A. He kept saying he had had no breakfast and would like to get some before he left.

Q. Did he mention anything else about breakfast? A. Yes, he told Chief Lanford at the factory that he had had no breakfast.

Q. Tell everything he said in the automobile about the murder? A. I asked him if he knew a girl named Mary Phagan, who had been found dead there. He said no, but he could tell from the records.

Q. What happened at the undertaker's? A. We went in and the man pulled the cover back. Frank looked at her for a second.

Stepped Behind Curtain.

Q. Are you sure he saw her face? A. No, but I think so.

Q. Where did Rogers go when Ghesling turned the girl's face? A. I don't know.

Q. Where did Frank go? A. He stepped aside. There was a curtain hanging there and he stepped behind it.

Q. What did Frank do after he stepped behind the curtain? A. I don't know.

Q. Did he get a better view of the body from there? A. He didn't get any view at all.

Q. Did Frank ever go into the room where the body was? A. He passed by it when we first entered the establishment.

Q. With that exception, did he ever go into the room? A. Not to my knowledge.

Q. How long after he went behind the curtain did you see him? A. In a few minutes we went out to the automobile.

Q. Was he going toward the body or away from it? A. Away from it.

Q. State whether or not Frank said anything

Not Sure of Girl's Identity.

Here Attorney Rosser objected:

"Your honor, my friend evidently learned under a pastmaster the art of asking leading questions," said Rosser.

"I want a ruling on this question," returned Dorsey. "It is not leading."

Judge Roan overruled the objection.

"Well, your honor sustains me and overrules Mr. Rosser," said Dorsey. "The witness will answer the question."

A. Frank said he was not sure he could identify her, but thought from her clothes she was the girl he had paid off Saturday. He said he could tell by looking at his pay roll.

At 12:30 o'clock court adjourned until 2 o'clock.

Attracted by the report that the State intended to introduce its most important witnesses during the day, a larger crowd than that which clamored for admission on the first two days of the trial besieged the courthouse Wednesday morning as the time for the resumption of the Frank trial approached.

Rosser in Dorsey's Way.

During the cross-examination of Rogers, Solicitor Dorsey insisted that Attorney Rosser stand from between him and the witness. Rosser's huge frame occupied a small space bounded by the witness, the judge, Frank and his wife and mother and the prosecuting attorney. Mr. Arnold was also kept behind Mr. Rosser.

These have been the relative positions during all of the cross-examinations.

When on his feet Mr. Rosser's person dominates the whole courtroom. He was ostentatious in the use of his hands and arms. He wore a thin black coat and gray trousers and a low collar without a necktie.

Tells Dorsey to Get Stick.

"I beg your pardon," he said in reply to Solicitor Dorsey's admonition. "Get a stick, Hugh, and keep me punched out of the way."

For a period of several minutes during the cross-examination of Rogers, Frank fixed his eyes on Solicitor Dorsey. They were strange eyes, almost expressionless. Dorsey glanced at him, then turned his gaze to the witness.

Mrs. Frank, who the first day of the trial shot dagger-like glances at the Solicitor, seemed absorbed in the testimony, and took no more notice of Solicitor Dorsey than any of the other principals in the case.

Factory Diagram Changed.

Court opened Wednesday with a discussion of the admissibility of the diagram of the pencil factory drawn by Bert Green, a Georgian staff artist. The key to the diagram and all objectionable wording had been removed.

Attorney Arnold still objected to the lines which he claimed outlined the theory of the prosecution.

"You don't have to label a horse to see it is a horse," he said.

Solicitor Dorsey cited legal authority which he claimed entitled him to present the diagram as evidence. Attorney Arnold said:

"Those dotted lines have nothing to do with the building proper at all. It undertakes to show something that the building itself wouldn't show."

Revised Chart Admitted.

When Solicitor Dorsey started to continue his argument Judge Roan interrupted and said:

"Do you mean for the dotted lines to show the theory of the prosecution?"

"Yes," answered Dorsey.

"But," continued the judge, "it is with the jury as to whether you prove this to be the correct theory or not."

"Yes," said Dorsey.

"On those grounds then I admit it as evidence," said Judge Roan.

W. W. Rogers, the county policeman, who was one of the first to visit the scene of the crime, was the first witness of the day called.

Rogers on the Stand.

The jury was brought in after the picture was admitted. The men filed into their seats, showing for the first time some signs of the long hours of confinement.

"Call W. W. Rogers to the stand," said Solicitor Dorsey, announcing his first witness.

The young man who took the police to the scene of the crime early that Sunday morning was sworn.

Q. Where were you Saturday night, April 26? A. At the station house.

Q. Where were you at about 3 o'clock Sunday morning? A. I was still there.

Q. Where did you go from there? A. I took the police to the pencil factory, where they had been called.

Q. What did you do then? A. After a negro let us in I went down into the basement with the police and found the body.

Present as Starnes Phoned.

Q. Were you present when Detective Starnes called someone over the telephone? A. Yes.

Q. What time was it? A. About 5 or 5:30 Sunday morning.

Q. Do you know who he called? A. No.

Q. What did he say? A. I don't recall exactly, but in substance he was asking some one to come to the factory. I heard him say, "If you will come I will send an automobile for you." He turned to me and asked me if I would go to Mr. Frank's home and get him. He gave us the address and Detective Black went with me. Detective Black went to the door. I won't be sure whether he knocked or rang the bell. Mrs. Frank answered the door. She had on a heavy blue bathrobe. We asked if Frank was there, and he came through the curtain into the reception hall.

Q. Was he dressed for the street? A. Yes, with the exception of collar and coat.

Q. Can you tell exactly what he had on? A. A pair of shoes, blue trousers, white pleated shirt and suspenders.

Neither Answered Frank.

Q. What was said? A. When Frank came in he went directly to Black. He asked him, "Has anything happened at the factory?" Black did not answer him, and, turning to me, he asked the same question. I did not answer.

Q. What else did he say? A. He asked, "Did the nightwatchman telephone you anything had happened at the factory?"

Q. What else? A. Black did not answer him then, but told him he had better come to the factory.

Q. What did Starnes say to Frank over the phone besides what you have already told?

"I object," said Attorney Rosser, "on the ground that it is essentially a leading question."

"You will have to put the question differently," said Judge Roan to Mr. Dorsey.

Tells of Phone Talk.

Q. Detail, now, what Mr. Starnes said first. A. Mr. Starnes was talking to someone over the telephone. I won't be sure whether he told him who it was or not. He asked this party he was talking to to come to the factory. He said if he would, he would send an automobile for him. With that he turned to me and asked me to go to Frank's house and get him.

Q. Did you hear anyone else call from the factory? A. Soon after we reached the pencil factory, about 3:30 o'clock, I was up in the office with Policeman Anderson and Newt Lee. Anderson was trying to get someone over the phone. I don't know who it was.

Q. What else happened at Frank's home? A. I think he asked his wife for his collar and coat.

Q. Was that all? A. All I remember.

"Your honor," said Mr. Dorsey, "he has clearly overlooked something. Can I direct his attention to it?"

Frank Recalled a Dream.

"How do you know it?" interrupted Rosser.

"I have his testimony before the Coroner's jury and I have talked to him," said Dorsey.

"Oh, Lord," growled Rosser as he sat down.

Q. What was said about a dream? A. Mr. Frank said something about dreaming or hearing the telephone ring during the night.

Q. Was anything said about whisky? A. Yes; Mr. Frank said he had not had breakfast. He thought he would like to have a cup of coffee. Detective Black said a drink of whisky might do him some good. Mrs. Frank answered that Mrs. Selig had been ill with acute indigestion and had used all of the whisky in the house.

Q. How was Frank's voice that morning? A. He was nervous.

Q. What about his voice? Was it fine? A. Yes, it was fine; somewhat like a woman's. He asked questions rather abrupt, right off the reel. His questions were jumpy.

Appeared Very Nervous.

Q. What was his appearance when you first saw him? A. He was rubbing his hands and was extremely nervous.

Q. Was his hair combed or tousled? A. It was combed.

Q. What was the conversation on the way to the factory? A. Black or myself I don't remember which asked him if he knew a little girl named Mary Phagan. He asked if she worked at the pencil factory and we told him we thought she did. He said he would have to look on his pay roll to see if she did; that he didn't know many of the girls there and that he never went out into the factory among them much. We suggested that we had better go by the undertaking establishment and let him see the body.

Q. Describe how you found the body? A. The room was dark. Undertaker Gheesling went back of the body and turned on the light. The head of the dead girl was toward the wall. Gheesling took her face in his hands and turned it toward us. Mr. Frank had been behind me as we entered the room, but when Gheesling turned the girl's face to me I looked around and Frank was going out of the room.

Didn't See Her Face.

Q. How long did he have to see the face? A. He didn't have any time, for when her face was turned to the light he had stepped outside the room.

Q. Did you ask him any questions?

A. Mr. Black asked him if he recognized the body. He said if her name was Mary Phagan he could tell whether she worked at the factory by looking over his pay roll.

Q. What was his attitude at the undertaker's establishment? A. He still appeared nervous.

Q. How? A. Well, he stepped lively and moved quickly.

Frank sat passive during these questions, his expression an enigma. His wife and mother on each side of him appeared weary.

Frank Looked at Books.

Q. What did Frank do when they got to the factory? A. Frank went to the office and unlocked the safe. He got a book and ran his hand down a column and said: "Yes, Mary Phagan worked here; if I am not mistaken she was here Saturday and drew her pay." He said it was some time a little after 12 o'clock. He asked us if we didn't find a pay envelope near her body. We told him no.

Q. What was the time exactly, according to Frank? A. He just said it was something a little after 12.

Q. What was his manner? A. He was nervous and quick.

Q. What was done about running the elevator? A. I don't remember exactly who said it, but some one suggested that we see where the girl was murdered. Frank went out to the switchbox and opened it, and after he had turned on a few things the machinery began to run.

Tried to Start Elevator.

Q. Did anyone ask him about the switch box not being locked? A. He said the insurance company had him stop locking it, saying it was against the law.

Q. Did Frank run the elevator? A. He pulled the rope to start it, but it would not move. He called Darley and the elevator was started after some little delay.

Q. Did anyone comment on the murder? A. I think Mr. Frank said Darley had worked Newt Lee and that if anyone could get anything out of him it was Darley.

Q. What else happened? A. Frank said: "We had better nail the back door, Darley."

Q. What was done? A. Frank and Darley went to nail the back door.

Q. What did you do then? A. Frank said: "I guess we had better put in a new tape, Darley." He then took the tape out of the box and remarked, "They are all punched all right."

Frank Brought New Slip.

Q. Where was Newt Lee? A. Lee was right behind me, handcuffed.

Q. Where was Darley? A. He was right there.

Q. What happened next? A. Mr. Frank went to his office, brought out a new slip. He took out the old slip and wrote on it April 26, 1913.

Q. What did he do with it? A. He folded it once and went into his office.

Q. Did you see that slip? A. Yes, I glanced at it. The first punch was 6:01 and the second at 6:32. There did not appear to be any skip in it.

Q. Did you hear Frank say anything about something to eat? A. Yes, several times he said he wanted to get a cup of coffee.

Attorney Rosser objected.

Didn't Notice His Eyes.

"Maybe several wanted a drink I expect they did," he said.

Solicitor Dorsey continued:

Q. Did you notice Frank's eyes during the stay in the factory? A. No.

Q. How long did you and Frank remain in the factory? A. I should say something more than an hour.

Q. Where did you go? A. In the automobile with Lee, Darley, Black and Frank to the police station.

Q. Was anybody under arrest? A. Lee.

Q. Was Frank? A. I didn't consider him so.

Q. What happened at the station? A. They took Frank up to Chief Lanford's office.

Q. Did you see Frank do any writing? A. I saw Newt Lee write, but not Frank.

Dorsey again wanted to refresh Rogers' memory about his testimony before the Coroner's jury. Rosser again objected. Judge Roan declared the witness could not be led.

Q. Did you see the officers do anything with Frank and Lee at the station? A. I saw them take Mr. Frank and Lee up the stairs.

Q. Did you see Frank with a pencil? A. I can't say that I did or did not. I was around there so much and saw so much.

Q. What was Frank's attitude at the station? A. He appeared nervous, as he had all the morning.

Q. Did you or not have occasion to observe Frank's hand at the police station? A. No, sir, I did not.

Rosser Takes Witness.

Mr. Rosser then took up the cross-examination.

Q. You never saw Frank before that morning. A. No.

Q. You don't know whether what you considered his nervousness was natural to him or not? A. No.

Q. How long after you had knocked at Frank's door was it before Frank came? A. About a minute or two.

Q. You went to the factory with the police? A. Yes.

Q. You had some trouble in finding whether the child was black or white? A. Yes.

Q. Didn't someone have to pull down her stocking and look at the flesh before they could tell her color? A. Yes, I believe so.

Tells of Victim's Face.

Q. Was there dirt on her face? A. Yes.

Q. Was there dirt in her mouth? A. Yes, and some in her eyes.

Q. How long were you at Frank's home? A. About fifteen minutes.

Q. It took that long for the things you have told us to happen? A. Yes.

Q. Are you sure of it? A. Pretty sure.

Q. You don't know what time it was when you went to the undertaker's? You don't know whether it was 7 o'clock or not, do you? A. I can't be sure of that. I am trying to refresh my memory as best I can.

Q. Did you swear to that conversation with Frank about the pay envelope at the Coroner's inquest? A. Yes. I said something about it.

Q. Are you as sure of that as the other things you have sworn to this morning? A. I am sure I said something about it.

Visit to Frank's Home.

Q. Was anything said about a little drink doing you all good? A. Yes. When we were at Frank's home Black said something about a drink. Mrs. Frank called to Mrs. Selig and she said there was no whisky in the house; that Mr. Selig had an attack of indigestion the night before and used it all.

Q. When you were at the undertaker's, how did you get to the chapel? A. We went down a long corridor.

Q. Did you know that Ghesling, standing in front of the corpse, saw Frank looking at it? A. No.

Q. Then you won't say that Frank didn't see the young girl's face? A. I do say that it would have been impossible for anyone to see her face when it was turned to the wall, and I can swear that no one but Mr. Ghesling and I went up to the corpse.

Might Have Seen Body.

Q. Wasn't it possible that Frank saw the body and the face at the same time you did and turned his head at the same time you did? A. Yes, I suppose so.

Q. Did Frank have any trouble unlocking the safe at the office? Did he work the combination the first time? A. Yes, without any trouble.

Q. Mr. Frank tried the elevator and couldn't? A. Yes.

Q. He called Mr. Darley? A. Yes.

Q. Did it run smoothly when it started? A. Yes.

Q. Did it stop with a jerk when it reached the bottom? A. No; it just stopped.

No Stains in Sawdust.

Q. Was there blood on the sawdust where you found the body? A. No; we couldn't find any.

Q. Was there blood anywhere? A. Yes; some on her underskirt.

Q. Was there blood on her head? A. Yes, there was some dry blood matted in the hair.

Q. Was there blood running anywhere on the body? A. I don't remember any.

Q. Who turned her over? A. Sergeant Dobbs, I believe.

Q. Were you there when they found the shoe? A. No.

Q. Were the shoe and hat found that morning? A. They were not before I left to get Grace Hicks to identify the body.

Went to Station With Party.

Q. How did it happen that Frank went with you to the police station? Did he volunteer to go? A. I don't know exactly. He went along with the party without any hesitancy.

The question was interrupted by a whispered conference between Rosser and Arnold; then Rosser continued.

Q. When Mrs. Frank was telephoning to Darley, how far were you from the telephone? A. About 6 feet.

Q. Could you tell by a glance at the hair whether the girl was white or not? A. Yes, you couldn't tell by the face, but it was evident it was the hair of a white girl.

Couldn't Have Seen Face.

Q. Did you say Frank did or did not see that girl's face in the undertaking establishment?

"I object," said Rosser.

"You can ask only what opportunities he had to see the face," answered Judge Roan.

A. He couldn't see it because her body was not lying so that he could.

Rosser said: "Mr. Rogers, didn't you tell me that you didn't know where Mr. Frank was when you were looking at the girl's face?" A. Yes; but he couldn't have seen it, unless he was standing near me, and he wasn't standing near me.

Dorsey asked: "Did Frank ever go into the room in which the body was?" A. To the best of my knowledge he did not. He went in the direction of the toilet, or a room which I took to be a toilet.

Grace Hix on Stand.

Rogers was then excused, and Miss Grace Hix went on the stand. She was questioned by Dorsey.

Q. Did you know Mary Phagan?

At this point members of the jury asked for water and while it was

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PAGE 24, COLUMN 1

FACTORY GIRL SAYS FRANK SELDOM SPOKE TO WOMEN WORKERS IN PENCIL PLANT

*Continued From Page 2.*

being secured for them, Frank leaned over and held a whispered conversation with Rosser.

The question was repeated.

A. Mighty near a year.

Q. Where did you know her? A. At the National Pencil Factory.

Q. Did you identify her body the morning after the crime? A. Yes.

Knew Her By Hair.

Q. How did you know her? A. By looking at her.

Miss Hicks spoke in a very soft voice. She appeared about 16 years of age. She wore a white dress with light blue ribbons around her neck and elbow sleeves.

Q. How was she when you saw her? A. She was covered except her head.

Q. How did you know her? A. By her hair. It was so long and pretty.

Q. Was she pretty? A. Yes.

Q. Where did you work? A. In the metal room.

Q. What did you do first when you went to the factory each day? A. Punched the clock.

At Factory Every Day.

Q. How often was Mary at the factory? A. Nearly every day.

Q. Where was Mary's work place? A. Right next to the dressing room.

Q. Did you see where the blood was? A. Yes.

Q. A person going from the office back to the rear of the second floor would have had to pass the dressing room, the place near where Mary Phagan worked, wouldn't they? A. Yes.

Q. Did Frank pass there every day? A. Almost every day. He would come back two or three times a day to see how the work was going on.

Q. When was Mary at the factory last to work? A. The Monday before April 26.

Saturday Regular Pay Day.

Q. Why didn't she work that week? A. The metal had given out.

Q. Where was the metal kept? A. In a little closet under the stairway.

Q. When was the regular pay day? A. Saturday at 12.

Q. Was anyone paid off Saturday, April 26? A. Most of them were paid off Friday night before, as Saturday was a holiday.

Dorsey then had the witness point out the machinery where Mary Phagan worked on the second floor, as shown on the Bert Green diagram. Then Rosser took the witness on cross-examination.

Never Spoke to the Girls.

Q. You worked there a year? A. I worked there five years. Mary worked there a year.

Q. In those five years how many times did you speak to Mr. Frank? A. Three times.

Q. How many times did you see him speak to Mary Phagan? A. None.

Q. Did he ever speak to the girls when he came through the metal room? A. No.

Q. What did he say to you the time he spoke to you? A. He was passing through the room one day with a visitor. I was leaning my head on my hand. He said: "You can run this machine asleep, can't you?" The other times he spoke to me on the street.

Q. Did he know your name? A. I don't know; he knew my face.

Combed Hair at Machines.

Q. Miss Grace, there was a place up there where you combed your hair, wasn't there? A. Yes.

Q. Where was it? A. Sometimes we combed our hair at the machines.

Q. What color was Mary Phagan's hair? A. It was sandy, darker than mine.

Q. How far from the machine where you sat and combed your hair, as the lathe where the strands of hair were found? A. About 15 feet.

Q. Was there another girl who sat near Mary who had hair like her's? A. Yes, Magnolia sat on one side of her and I sat on the other. Magnolia's hair was sandy, too.

Q. You went on Friday to get your pay with the other girls, didn't you? A. Yes, sir.

Frank Not Paying Workers.

Q. Who was paying off, Mr. Frank? A. No, I don't remember who. It wasn't Mr. Frank, though.

Q. Whom did you see there? A. Magnolia Kennedy and Helen Ferguson.

Q. Who were the other girls in your department? A. None other but Mary.

Q. What did you do in that department? A. Cut metal tips.

Q. What time did they pay off on Friday? A. About 6 or 7 o'clock, a little later than usual.

Q. Wasn't there placards in the factory stating that Saturday would be a holiday? A. I didn't see any. I didn't know there was to be a holiday until Mr. Quinn told me.

Solicitor Dorsey then took up the redirect examination.

Q. If there had been any cards stating there was to be a holiday you would have seen them, wouldn't you? A. Yes, I think I would.

Q. When did you know there was to be a holiday? A. When Mr. Quinn informed me Friday.

Q. Do you still work at the pencil factory? A. Yes.

Q. How do you know that a man sitting at Frank's desk could not see a person registering? A. I don't know.

Q. You say there was paint around the machine? A. There was paint in the polishing room.

Q. How far is it from the end of the dressing room where they say blood was found to the polishing room? A. Four or five feet.

Q. How far back in the room do they keep the paint? A. On all the machines.

Saw No Red Paint on Floor.

Q. Did you ever see any on Mary's machine? A. No.

Q. Was the paintroom off and separate? A. Yes.

Q. Did they keep paint out where Mary's machine and dressing room were? A. No.

Q. Did you ever see any outside? A. Sometimes drops on the floor where the women come out to get water.

Q. Was it easy to tell whether it was paint or blood? A. I never saw any red paint on the floor.

Here Attorney Rosser took up the recross-examination.

Q. They did have red paint in there, and they could have dropped it? A. Yes, sir.

Q. It was hard to tell what color it was, after it hit the floor, wasn't it? A. The floor was awful dirty.

Detective Black Called.

Detective John R. Black followed Miss Hix to the stand. Solicitor Dorsey questioned him.

Q. Where were you working before you went with the police department? A. Atlanta Brewing and Ice Company.

Q. Who owned the stock of that company? A. Mc Candless

Here Attorney Rosser jumped to his feet.

"I object," he exclaimed. "That can have no bearing on this case."

"I agree with you," ruled Judge Roan.

Q. When did you first see Newt Lee, the day the crime was reported? A. About 5 or 5:30 o'clock in the morning.

Tells of Visit to Frank Home.

Q. Did anyone call Mr. Frank? A. Mr. Starnes called Frank and asked him if he would come to the pencil factory.

Q. Was that all? A. All that I can recall.

Q. Describe what happened when you went to Frank's house. A. I went to the door and rang the bell. Mrs. Frank came to the door and asked what we wanted. I told her I was detective from the police station and wanted to see Mr. Frank. Almost at once he stepped from behind some curtains. He asked almost immediately if anything had happened at the factory.

Knew Frank Previously.

Q. Did you know Frank before you went to the factory? A. Yes, I saw him about two years ago and again about eighteen months ago.

Q. Then you knew him? A. Yes.

Q. Did you know him or recognize him, when you saw him that Sunday morning? A. No.

Q. Was Frank nervous or excited when you saw him two years ago? A.

No. Here Attorney Rosser objected to the testimony being given along this line.

Attorney Arnold also arose to his feet and said:

"No police officer can give an opinion as to how a man looks!"

Judge Roan said:

"Now, Mr. Black, state the facts and give your reasons."

Says Frank Was Nervous.

Q. When you saw Frank the morning of April 27, did he seem nervous? A. Yes.

Q. Why? A. Because he had some considerable trouble putting on a collar. It seemed that he couldn't tie his necktie, and he kept asking fast questions. He asked real quick: "Has anything happened at the pencil factory?" And before I could answer, he asked: "Did the night watchman report it?"

Q. Did he express any anxiety to go to the pencil factory?

Rosser objected with: "That is merely a conclusion, your honor."

Frank Without Breakfast.

"Let him state exactly what happened, and the jury can draw their conclusions," said Judge Roan.

Q. Did he ask for anything before leaving home? A. He kept saying he had had no breakfast and would like to get some before he left.

Q. Did he mention anything else about breakfast? A. Yes, he told Chief Lanford at the factory that he had had no breakfast.

Q. Tell everything he said in the automobile about the murder? A. I asked him if he knew a girl named Mary Phagan, who had been found dead there. He said no, but he could tell from the records.

Q. What happened at the undertaker's? A. We went in and the man pulled the cover back. Frank looked at her for a second.

Stepped Behind Curtain.

Q. Are you sure he saw her face? A. No, but I think so.

Q. Where did Rogers go when Ghesling turned the girl's face? A. I don't know.

Q. Where did Frank go? A. He stepped aside. There was a curtain hanging there and he stepped behind it.

Q. What did Frank do after he stepped behind the curtain? A. I don't know.

Q. Did he get a better view of the body from there? A. He didn't get any view at all.

Q. Did Frank ever go into the room where the body was? A. He passed by it when we first entered the establishment.

Q. With that exception, did he ever go into the room? A. Not to my knowledge.

Q. How long after he went behind the curtain did you see him? A. In a few minutes we went out to the automobile.

Q. Was he going toward the body or away from it? A. Away from it.

Q. State whether or not Frank said anything

Not Sure of Girl's Identity.

Here Attorney Rosser objected:

"Your honor, my friend evidently learned under a pastmaster the art of asking leading questions," said Rosser.

"I want a ruling on this question," returned Dorsey. "It is not leading."

Judge Roan overruled the objection.

"Well, your honor sustains me and overrules Mr. Rosser," said Dorsey. "The witness will answer the question."

A. Frank said he was not sure he could identify her, but thought from her clothes she was the girl he had paid off Saturday. He said he could tell by looking at his pay roll.

At 12:30 o'clock court adjourned until 2 o'clock.

Attracted by the report that the State intended to introduce its most important witnesses during the day, a larger crowd than that which clamored for admission on the first two days of the trial besieged the courthouse Wednesday morning as the time for the resumption of the Frank trial approached.

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PAGE 24, COLUMN 1

DIAGRAM OF COURTROOM WITH FRANK TRIAL IN PROGRESS

PAGE 24, COLUMN 8

KEY TO DIAGRAM

1. Judge Roan

2. Leo M. Frank

3. Frank's Mother

4. Mrs. Leo M. Frank

5. Reuben Arnold

6. Luther Rosser

7. Court Reporters

8. Witness Stand

9. Sheriff Mangum

10. Jurors in Jury Box

11. Detective Starnes

12. Solicitor Dorsey

13. Frank A. Hooper

14. Pat Campbell

15. Chief Langford

16. Press Table

17. Lawyers & Attaches

18. Deputy Minter

19. Clerk T. Jeffries

20. Spectators

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PAGE 25, COLUMN 3

FATHER AND SON WHO FIGURE IN THE DEFENSE OF LEO FRANK

L.Z. Rosser, Sr., and son. L. Z. Rosser, Jr., both engaged in Phagan ease.