Thursday, 31st July 1913 Defense Riddles John Black’s Testimony

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DEFENSE RIDDLES JOHN BLACK'S TESTIMONY

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SLEUTH CONFUSED UNDER MERCILESS CROSS-QUESTIONS OF LUTHER ROSSER

Just Before He Left the Stand

He Confessed That He Was "Mixed Up" and That He Could Not Recall What He Had Testified a Moment Before Tangled on Finding Bloody Shirt.

FRIENDS OF PRISONER HAVE HIGH HOPES NOW OF FAVORABLE VERDICT

"Boots" Rogers, Grace Hicks, Mrs. J. W. Coleman and J. M. Gantt on Stand During Day Mobs of Curiosity Seekers Besieging Doors to Gain Admission to Frank Trial.

When Wednesday's session of the Leo M. Frank trial had come to a close, the friends of the accused were filled with high hopes for his acquittal. They were nothing short of jubilant, and on all sides expressions of satisfaction were heard.

This feeling was based on the fact that the testimony of John Black, member of the Atlanta detective department, who worked up a large share of the evidence against Frank, fell to the ground, in a large measure, under the merciless cross-questioning of Luther Rosser.

Time and again Black contradicted himself as to time; time and again he confessed that he did not remember. Just before he left the stand he confessed to Mr. Rosser that he was "mixed up," and that he could not recall what he had testified a moment before.

Black Very Nervous.

Black's memory proved treacherous on many points, but it was in regard to the finding of the bloody shirt at Newt Lee's house that he got mixed up and confessed his inability to recall dates.

Solicitor Dorsey had stated that he expected to show that Black had gone to Lee's house only after Frank had informed him that several punches were missing from the time slip taken from the register clock, and that Lee would have had time to go home; that after Frank's house had been searched for incriminating evidence at the suggestion of Herbert Haas, that Frank sought to have Lee's house searched and that the bloody shirt was really a "plant."

Black's answers failed to bear out the contention of the solicitor. He could not say with any degree of certainty what day it was Frank had told him of the "misses" on the time slip.

He was also hazy as to the time Frank was actually detained at police headquarters. He could not tell by some hours what time he and Detective

PAGE 2, COLUMN 1

Detective Haslett took Frank to the police station on Monday morning following the murder.

Black impressed a majority of the spectators as honestly trying to recall facts, but his inability to do so was manifest. He seemed nervous. During the cross-examination by Luther Rosser he folded and refolded a large white handkerchief, frequently mopping his face.

Rogers on the Stand.

Other witnesses who testified for the state Wednesday were W. W. (Boots) Rogers, Grace Hicks, a sister-in-law of Rogers, who worked at the pencil factory and who first identified the body of Mary Phagan; Mrs. J. W. Coleman, mother of the dead girl, who was questioned for a short time, and J. M. Gantt, the discharged shipping clerk, who, for a time, was held in jail on suspicion.

Mr. Rogers made a good witness. He was accurate as to time, and the cross-questioning of Luther Rosser failed to confuse him. Rogers testified that to his best knowledge and belief Frank never saw the face of the dead girl in the undertaking establishment and that he could not have known who she was. At the coroner's inquest Frank testified that he had seen the girl at the undertaking establishment.

Grace Hicks told of identifying Mary Phagan by her hair and she did not know whether Frank was personally acquainted with the dead girl or not. She said that she had worked at the pencil factory for five years and that during that time she had spoken to Leo Frank just three times. Grace Hicks is a decidedly pretty girl of 17, and she told her story in a perfectly frank and straightforward manner.

J. M. Gantt testified that he had been discharged from the National Pencil factory for alleged shortage in the pay roll. He explained that one of the pay envelopes was short and that when he declined to make it good Frank discharged him.

He said he had known Mary Phagan for years; that the families lived close together in Cobb county at one time.

He told of Leo Frank remarking, "You know Mary pretty well, don't you?"

He said Frank was decidedly nervous on the day he went to the factory to get his shoes.

Crowd Still Large.

Instead of diminishing, interest in the Frank trial grows daily. Mobs of curiosity seekers besiege the doors for admission. Many of them resort to all sorts of subterfuges to gain admission. The "I am a reporter" is the favorite dodge. At times bona fide newspaper men find difficulty in gaining admission on account of the suspicion entertained of all persons claiming to be reporters.

"BOOTS" ROGERS GOES ON STAND

The first witness put on the stand when court convened Wednesday was "Boots" Rogers, in whose machine police officers responded to Newt Lee's call to the factory where Mary Phagan's body was found.

Rogers told of the trip there and of the finding of the body and of the arrest of the negro. He then said that Detective J. N. Starnes called up a person, whom he afterwards heard was Frank, and told him to come to the factory.

Rogers took Detective John R. Black in his auto and went to Frank's house. At the door he said the ring was answered by Mrs. Frank, who was dressed in a heavy bath robe, and while they were talking to her Frank himself appeared from behind a portiere curtain in the hall and began to ask them what was the matter at the factory.

Says Frank Was Nervous.

Testimony as to the defendant's nervousness and his frequent asking for coffee before he left home and later at the factory made up the greater part of Rogers' statement on the stand.

Rogers also went into some detail about the actual finding of the body and later about the way in which Frank acted at the undertaker's shop.

Frank was nervous there, Rogers said, and did not enter the room to see the girl, but went into another room before the undertaker had turned the face toward them.

Rogers also told of the time clock at the factory and declared that Frank had taken out and put away the slip in the clock and put another one in its place.

Rogers declared that Frank had declared that the clock was correctly punched and that he also looked at the slip and that as far as he could tell the punches were regular and there was nothing out of the way in the appearance of the slip.

MISS GRACE HICKS GIVES TESTIMONY.

Miss Grace Hicks, a sister-in-law of Rogers and the girl whom he carried to the factory to identify the dead girl's body, was next placed upon the stand. She said that she had worked there five years and that she had known Mary Phagan for about a year.

That Leo Frank came into the metal department where the Phagan girl worked, but that she had never seen Frank speak to Mary Phagan, was a part of her testimony.

The girl was asked a number of questions about the details of the factory building and of the routine of the employees in her department. She said that Lemmie Quinn was her foreman and that in the five years she had worked there she had only spoken to Frank three times.

The girl was also asked about paint spots on the floor and also if a white substance was not kept in the building similar to that which covered some of the alleged blood spots on the floor. She said she had never seen any red spots on the floor around her room, but that she had seen paint spots of other colors.

BLACK TELLS OF VISIT TO FRANK.

John Black, third witness on the stand, testified that he was called to the pencil factory at 4 o'clock on the morning of the 26th. He told of having gone with "Boots" Rogers to the home of Leo Frank to bring him to the plant building in Rogers' car and of Frank's apparent nervousness.

Black told, also, of searching the home of Newt Lee and discovering the bloody shirt, which Solicitor Dorsey charges is a plant. He also told of hearing Attorney Herbert Haas, associate counsel for the defense, demand of Chief Lanford that detectives search Frank's home on a day before the accused man was put under arrest.

Black told of Frank's visit to the undertaking establishment shortly after daybreak on the day of the discovery, and of hearing the conversation over the telephone when Detective Starnes summoned Frank to the pencil plant.

He remained on the stand for several hours.

Mrs. J. W. Coleman, mother of Mary Phagan, was recalled to the stand for a short time to identify the mesh bag of her daughter.

J. M. Gantt, once a Phagan murder suspect, then testified about his visit to the factory to get his shoes. He was the last witness. Court adjourned at 4:50 o'clock.

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Three Important Witnesses for the State in Frank Trial

Photo by Francis E. Price, Staff Photographer.

Miss Grace Hicks, an employee of the National Pencil factory, and a friend of Mary Phagan, who testified on Wednesday morning; Detective John Black (wearing derby), who was put through severe cross-examination Wednesday afternoon by the defense, and Harry Scott, of the Pinkertons, who has had charge of this agency's investigation of the Phagan mystery. He will go on the stand today.

PAGE 1, COLUMN 5

NEW WITNESS SOUGHT BY SOLICITOR DORSEY

Charles M. Wilt, Former Prisoner in Fulton Tower, May Testify in Frank Case.

Solicitor Hugh M. Dorsey, it is understood, has wired to North Carolina for Charles M. Wilt, an ex-prisoner in the Tower, who will probably be used as a witness for the state.

Wilt, it is said, visited Frank's cell daily and, in the capacity of both prison physician and dealer in drinks and confectioneries, was allowed much jail freedom. No intimation has been given of the nature of the testimony he will be expected to give, but it is thought that he will be called upon to tell of some conversation he had with the accused man.

Wilt was convicted and sent to prison on a charge of attempting to defraud through the mails. He served six months in prison, and was released only a few weeks before Frank was put on trial. At present, he is visiting relatives in North Carolina.

Several letters and telegrams which came back to Atlanta to a friend from the former prisoner gave the solicitor a clue to the testimony which, it is reported, Wilt will be able to give.

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Detective Black Muddled By Keen Cross-Examination Of Attorneys for Defense

Detective John R. Black, the officer who went in Rogers' machine from the factory to Frank's residence on the Sunday morning that Mary Phagan's body was discovered, was next put up by the state. He took the stand at 11:45 o'clock, and was still there when court adjourned for lunch.

In answers to Solicitor Dorsey's questions he said he had been on the police force for six years and previous to that had worked as a cooper for the Atlanta Brewing and Ice company.

"Do you know any of the directors of this company?" began the solicitor, when he was quickly interrupted by the defense. Despite Mr. Dorsey's claim that he had a material end in view, the judge ruled with the defense and without making further ado the solicitor started another line of questions.

Black told how he had been waked up at his home on that Sunday morning and told to report at headquarters and how, after a talk with Lee at the station, he had gone to the pencil factory and from there to Frank's house with Rogers.

He told practically what Rogers had said about Mrs. Frank's appearance at the door and of Frank's stepping from behind a portiere curtain in the hall.

"He came out before I got through talking with Mrs. Frank," said the detective.

"Frank was nervous and excited, and talked in a hoarse voice," Black stated in response to queries.

Had Seen Frank Before.

He further stated that he had seen Frank twice before and had talked to him once. He said that he saw him about two years ago when he and another officer went to the factory to get a negro, and that he had talked to him about eighteen months ago when he went on a similar visit. On being questioned, he stated that at neither time was there anything about his actions to make him think the man nervous or excitable.

Attorney Rosser frequently interrupted while this testimony was being given and Attorney Arnold, for Frank, also interposed.

"It's rank conclusion when a police officer or any witness is allowed to express his opinion about a defendant's bearing or deportment," objected Mr. Arnold.

Judge Roan ruled that Black might tell what the defendant did and how he acted, giving the facts and not giving his opinion.

"When you went to the factory about eighteen months ago, did you talk to Frank?" asked Mr. Dorsey.

"Yes, sir."

"Was he nervous or composed?"

"On that occasion there was nothing to make me think him nervous."

"Tell if he was nervous or composed on April 27, when you saw him, and state your reasons," said the solicitor.

"He was nervous and showed it by the way he put on his collar and tie," replied the witness.

Tells Dorsey to Keep Pleasant.

"That's another conclusion," Mr. Rosser broke in.

"Let me examine the witness," the solicitor flung back.

"I've got a right to object," said Mr. Rosser.

"Go ahead," replied the solicitor, appearing rather nettled.

"All right; but please be pleasant and don't scowl so when I'm doing it," replied Rosser.

"Tell what Frank did to make you think him excited," said Mr. Dorsey.

"The way he asked for coffee several times."

"What about the collar and tie?"

"He couldn't get his collar and tie on, and rapidly asked questions He kept on asking what had happened at the factory, and I told him he had better dress and go see. His voice was hoarse and trembling."

"Did you look at his face?"

"Yes, I was watching him closely."

"How did it look?"

"Pale."

"What did he say about going to the factory?"

"He kept on insisting on getting a cup of coffee, and I finally told him that I had been up until 1 o'clock the night before, and had then been aroused at 4 o'clock in the morning, and hadn't had any coffee or breakfast either. I told him we'd better go to the factory and get through with that."

"What did he say next?"

"He again insisted on having some coffee."

Mr. Rosser objected hotly to the use of the word "insisted," and succeeded in having it ruled out.

"Well, how many times did he ask for coffee?" queried the solicitor, getting his desired information in another way.

"He asked for coffee twice at the house and he also asked for it at the factory."

"Did he mention breakfast at the factory?"

"Yes, I heard him say something about breakfast to Chief Lanford."

"Did Frank give any reason for wanting breakfast or coffee either at the house or at the factory?"

"No."

"Did anything else happen at the house or in the auto?"

"Not that I remember."

"What did you, Rogers or Frank say in the auto?"

"I asked him if he knew a girl at the factory named Mary Phagan, and told him she had been found murdered."

"What did Frank say?"

"He said he didn't know the name but would look on the pay roll at the factory and see if it was listed there. I then suggested going by the undertaker's to see if Frank could identify the dead girl. When we got there Rogers, then Frank, and then I went back to the place where the body was.

"Frank looked at the body and stepped out," the detective continued.

"Did he see the face?"

"He just casually glanced "

"Did he see her face?" reiterated the solicitor.

"I can't say that he did," replied the witness.

"Didn't Gheesling turn the face in his direction?"

"Yes."

"What did Frank do then?"

"He stepped aside; there was a curtain there and he stepped back of that."

"When he went behind the curtain could he see the body?"

"No."

"Did Frank ever go into the room where the body lay?"

"When we first came up Frank went right to the door while Gheesling was uncovering the body," Black replied.

"Did he go there again?"

"Not to my knowledge," the witness replied.

"How long did Frank stay behind the curtain?"

"Just a moment."

"When he came from behind the curtain did he go toward or away from the body?"

"He went away from it."

"Did Frank say anything?"

"He said he didn't know the girl, but that from her dress he thought she was one of the girls he had paid off the day before and that he would look on the pay roll and see if the name of Mary Phagan appeared on it."

Black then told of going to the factory with Frank and Rogers and at this time court adjourned until after lunch.

Afternoon Session.

The afternoon session began with a continuation of Detective Black's story. He was being questioned by Solicitor Dorsey.

"What did Frank say and do at the factory that morning?"

"He talked with Mr. Starnes, Newt Lee, Mr. Darley and myself."

"Did you see him go to the clock?"

"Yes. He asked if it had been punched correctly, looked at it, made an examination and said it had been punched correctly up until 2:30 a. m."

"Did Frank state at any time that the clock was accurate?"

"He said on Tuesday that the clock had been passed three times."

"Did he produce a time slip at that time?"

"Yes, a slip which he gave to Chief Lanford on Monday."

"What became of the slip he had Sunday."

"He carried it into his office Sunday morning."

"Who was present Sunday morning when he stated that the slip had been punched regularly?"

"Detective Starnes, Chief Lanford, Newt Lee, 'Boots' Rogers and myself."

"Do you know of any date he put on the slip at that time?"

"I couldn't state."

"When did you first hear Frank state the slip was incorrect?"

Not Positive of Date.

"I am not prepared to swear, Mr. Dorsey. It was Wednesday or Monday, one or the other."

"Who was being held at that time under suspicion of the crime?"

"Newt Lee."

"Frank was not then under arrest?"

"No."

"When was he arrested?"

"Tuesday morning, about 11:30 o'clock."

"What were the inaccuracies he quoted from the slip?"

"10 p. m., 11:30 p. m., and I can't recall the others."

"Did Frank send for counsel before he was put under arrest?"

"Monday morning Herbert Haas and Attorney Rosser were at the pencil factory."

Attorney Arnold interrupted here, declaring that the question was irrelevant. Solicitor Dorsey said in answer:

"Here is a man not charged with anything employing counsel before his arrest. My intention is to show his conduct in every respect."

Judge Roan sustained the solicitor.

"Mr. Black, please state when Frank first had counsel," he put.

"On Monday morning. Frank went to "

An objection was made by the defense, which was overruled.

Black continued:

Attorneys at Frank's Home.

"At 8:30 o'clock Monday morning Attorney Rosser came to police headquarters. Detective Haslett and I went to Frank's home. I asked him to come to headquarters to see if he could throw any light on the murder. He got to the station within thirty minutes. On the way downtown we talked to Ben Fell. We reached the station house at 8:30 o'clock."

"What was there?"

"In a few minutes Mr. Rosser came in, Herbert Haas following him a moment later."

"Did you hear Haas make a statement in Frank's presence?"

"Yes. Haas demanded Chief Lanford and the detectives to search Frank's residence."

"Was Frank under arrest at that time?"

"No."

"Was he restrained of his liberty?"

"No."

"What were Haas' grounds for making such a demand?"

"He said he was Frank's attorney, and was entitled to demand a search."

"What time was that?"

"About 11:30 a. m."

"With whom did Attorney Rosser confer?"

"Leo Frank."

Frank's Talk With Lee.

"Do you know what took place between Frank and Lee on Tuesday night?"

"Detective Harry Scott and I had a talk with Lee We talked with Frank, and I suggested he take Lee in a room and try to get something out of him. They went together in a locked room, and stayed 5 or 10 minutes."

"Did you hear what was said?"

"Some. I could not hear perfectly, though not enough to swear to what I did hear."

"Did you talk with Frank after he had been in the room with Lee?"

"We went inside where they sat, and Frank said Newt stuck to his story. He said he told the negro that it looked like he knew something, as no one was in the factory but him that night. He said he could get nothing out of him."

"Did you talk with Frank in reference to getting data on the murder? If so, what did he suggest?"

"In a way, he seemed to suspect Lee and Gantt."

"Who else?"

"He said no one was there from 6 p. m. but Lee, and that the negro should know something of it. He also stated that Gantt had been there that Saturday afternoon."

"Subsequently, was Gantt arrested?"

"Yes. The conversation with Lee was after Gantt was arrested."

"When did Frank first say anything about Gantt?"

"Monday."

"Was this before or after Gantt's arrest?"

"Before."

"Did he mention anybody else?"

"Yes, Jim Conley."

"After you and Haslett arrested Frank did you talk to him any?"

"Yes. On several occasions."

Frank's Demeanor.

"Did you observe his demeanor?"

"He seemed to be a little nervous, as just any man would be who had been arrested."

The solicitor protested that the latter part of the detective's answer be ruled out. Judge Roan held that the statement would remain in record.

"Well, I will go a step further," said Dorsey. "Was Newt Lee nervous when he was arrested? This is over our objection. What I want to show is that Lee was calm under arrest for the identical crime. Did you observe Frank's appearance and conduct the day of his arrest?"

"Yes."

"Was he excited? If so, tell why you think he was excited."

"On Monday Frank was jovial and friendly "

Counsel for the defense objected to the word "friendly" being sustained by Judge Roan, who held that the word could be construed in many ways.

Black continued:

"On Tuesday he was sullen, and unwilling to talk?"

"What did he do?"

"He refused to talk, when previously he had been jovial and talkative."

Rosser Begins Cross-Examination.

Attorney Rosser began the questioning at this juncture.

"You didn't release Mr. Frank until the word was given from the chief of detectives, did you?"

"I suppose not."

"Do you mean anything by the word release?"

"I spoke before I thought, when I uttered it."

"Wasn't his detainment equivalent to arrest?"

"I can't say so."

"Then, you retract a thing you said under oath?"

"Yes, I retract the word 'release.'"

"Wasn't it 11 o'clock before I got to the station?"

"No. I know that you got there between 8:30 and 8 o'clock."

"Didn't you swear a while ago that I was there at 11?"

"I won't swear it."

"Were you in the room when I got there?"

"I was in the hallway."

Denies Lanford Spoke Roughly.

"Didn't I say, 'Frank, what have they got you for?' and he answered, 'they want me to make a statement'? Didn't I say, 'give it to them'? Didn't Lanford say 'come on in here,' like he was snarling at a negro?"

"No. He didn't talk that way."

"Didn't I say I was going to be present during the examination merely in order to hear what he would say?"

"Yes."

"You also know that I didn't say a word to him?"

"No. I wasn't inside the room."

"You wanted to talk to him by yourself, didn't you?"

"Yes."

"Finally, after being released, Frank went home unmolested?"

"Yes, but he wasn't 'released,' as you call it."

"You swore so, didn't you?"

No answer came from the witness.

"Frank was a witness before the inquest, wasn't he?"

"Yes."

"He answered every question promptly and willingly?"

"So far as I know."

"It isn't true that he declined to make any statement?"

Black's "Recollection."

The witness gave no reply to this question. It was directly withdrawn.

"Who was present when you talked to Frank on the time previous to Sunday?"

"I don't remember."

"What did you say just now ?"

"George Bullard I just now recollected."

"You heard Starnes talk over the phone with Frank?"

"Yes."

"What time was it?"

"Some time after 6 o'clock about 6:15, I suppose."

"You're depending entirely upon your recollection, aren't you?"

"Yes."

"Then, why is it you recollect so well in some things and fail so badly in others?"

Question unanswered.

"You can't remember exact words used, can you? Did the conversation take place at 5 o'clock?"

"I don't know exactly."

"What time did you get to the Selig home?"

"I don't recollect perfectly."

"Why did you wait to tell Frank of the murder until you had got away from his home?"

"I had talked with Newt Lee, and therefore wanted to question him."

"In fact, you had no reasons for doing it?"

"Yes, I had several."

"Haven't you a way of writing down things you wish to remember?"

"Yes."

Refers to Grace Case.

With a smile, Rosser turned to Reuben Arnold, his associate, remarking:

"That's the way they did it in the Grace case."

"Hurry and scurry," he said to the witness, "is an enemy to memory, isn't it?"

"Yes," the detective complied.

The attorney again turned to Arnold, saying:

"He draws conclusions; I'm sorry for him."

"Did Frank dress in front of you?" he asked Black.

"Yes."

"What sort of tie and collar did he have?"

"I don't remember?"

"You don't remember!" mocked the attorney in sarcasm.

"Did Rogers go anywhere in the Selig home?"

"No."

"How long did you stay there?"

"No longer than ten minutes."

"Frank went along willingly with you and talked freely, didn't he?"

"Yes."

"Tell me, did either you or Frank go into the room where the body lay at the undertaker's?"

"No."

"Frank had an opportunity to view the body, didn't he?"

"Yes."

"As a matter of fact, didn't you and Frank go out of the room together?"

"No."

"You were in same relation to the curtains as Frank, weren't you?"

"I don't think so."

"Didn't Frank say he thought the body was that of a girl he had paid off Saturday?"

"Yes."

"You went to the factory with Frank and watched him go to the safe and get book and find name of Mary Phagan?"

"Yes."

"You went into the metal department. Who else went with you?"

"Several others."

No Blood in Hallway.

"Did you see any blood in the hallway?"

"No."

"The factory stayed open that Sunday until about 12 o'clock didn't it?"

"I don't know."

"Starnes went over the factory who else?"

"Chief Lanford."

"Nobody discovered any blood that day?"

"No."

"You saw Mr. Frank at the clock. Did he have to open the clock?"

"He opened it."

"Was Darley there?"

"I don't know."

"Didn't Frank and Darley both say the slip was punched properly?"

"I don't know."

"Did 'Boots' Rogers hold the lever?"

"I don't know."

"How long did you keep Mr. Frank at the station Monday?"

"Until about 11:30 o'clock."

"The officers got after Gantt early that Monday, didn't they?"

"Yes."

"Before Frank was carried to the station?"

"I don't think so."

Intimation Against Gantt.

"Frank intimated Gantt had been caught stealing, didn't he?"

"I think so."

"Weren't you present when Frank revealed his under linen to me at police headquarters that Monday?"

The solicitor entered protest to this question, holding it inadmissible because evidence of such a nature had not hitherto been introduced.

"Tuesday morning about 10 o'clock."

After much argument, Stenographer Parry, who had noted the morning testimony, was called into the courtroom to read that part of the detective's statement wherein there was possibility of the evidence of the character protested by Dorsey. He read, at the suggestion of the defense, that portion pertaining to the demand made by Haas to search Frank's home.

Attorney Rosser said:

"I want to show circumstances which promoted Haas' demand."

Dorsey's reply was:

"There is no evidence yet introduced that Frank's home was searched. Rosser seeks to introduce examination of the defendant's person. The law prohibits such an examination."

Counsel for Defense Sustained.

Counsel for the defense was sustained.

"Were you present during this examination?" Black was asked.

Continued on Page Three.

PAGE 3, COLUMN 1

DETECTIVE MUDDLED BY CROSS-EXAMINATION

Continued from Page Two.

"I don't recollect that I was."

"You were there when Mr. Haas made his demand, weren't you?"

"I was at police headquarters, but was on the outside of Chief Lanford's office."

"Didn't I, myself, demand Haas to go with you?"

"I didn't hear it if you did."

"Didn't you testify just now that Haas, in my presence, had made the demand?"

"I did not say in your presence."

"Wasn't I there?"

"I did not see you."

"In accordance with Haas' demand, didn't you go to the Frank home?"

"Yes, I went and examined his laundry."

"You also went to Lee's house?"

"Yes."

"What did you find?"

"A bloody shirt."

"Where is it?"

"Mr. Dorsey has it."

Shirt Produced in Court.

Counsel for the defense asked that the shirt be brought into view. It was produced by the state.

"Is that the shirt, Mr. Black?" asked Rosser, holding the crimson-spotted garment to view.

"Yes, sir."

"What time did you find it?"

"Tuesday morning about 10 o'clock?"

"Did Newt Lee say it was his shirt?"

Solicitor Dorsey objected and was sustained by Judge Roan. He then began questioning the detective.

"Where was Newt Lee when Frank visited his (Frank's) house?"

"Locked up."

The solicitor explained to the court that he wanted to show that Frank was trying to point the finger of suspicion at Lee; that after his (Frank's) home had been searched, he insisted that Lee's house be inspected.

Bloody Shirt a "Plant."

"Our contention," he said, "is that this shirt is a plant."

"I also want to show," he continued, "that Frank said the time clock was correct one day, and, two days later, said it was incorrect, and "

Judge Roan, interrupting, said:

"I understand what you mean."

"Mr. Black, would Lee have had time to get to his home that night and day?"

"I don't know."

"Did Frank ever tell you that Lee could have found time to get home, in view of the inaccuracy of his punches."

"Frank said he could."

"What day did he say this?"

"I don't remember."

"What did you do after Frank said the time slip showed that the watchman had time enough to get home during the night?"

"I don't remember."

"How did you happen to go to Newt's home?"

"After Frank had told me about the time Newt would have had during the night."

"Before or after you made the search of Lee's house were you told by Frank?

"I don't remember."

"Before or after Frank told you about the inaccurate slip?"

"Afterward."

Shirt Found Under Barrel.

The shirt was given to the witness for examination.

"Where did you find this shirt," he was asked.

"Under an old clothes barrel at Newt Lee's home."

"How did you get in the house?"

"A negro woman was there we entered by a skeleton key."

Here Attorney Rosser took up the examination.

"Didn't you say you had had no conversation about the time slip on Monday?"

"No."

"When did you have these conversations what time, I mean?"

A long pause resulted on part of the witness. Judge Roan attempted to speak. Mr. Rosser interrupted.

"Give him time to answer, your honor."

"Alright," replied the judge.

"I can't remember," was the detective's reply.

Admits Being Confused.

During a rigorous examination that shortly followed, the detective said to Attorney Rosser:

"I don't like to admit that I'm crossed up, Colonel Rosser, but you have got me in that kind of fix, and I don't know where I'm at."

The solicitor then took the questioning.

"What day did Frank tell you the Newt Lee slip was not correct?"

"To the best of my knowledge it was Monday."

He was then called from the stand.

PAGE 3, COLUMN 2

SHE WILL TESTIFY FOR "STTEA"

Photo by Francis E. Price, Staff Photographer.

MONTEEN STOVER.

PAGE 3, COLUMN 2

Mrs. Coleman Is Recalled To Identify Mary's Handbag

Mrs. J. W. Coleman was recalled to the stand for only a moment's interrogation regarding the mesh handbag which she carried with her upon leaving home on the day of the tragedy.

Attorney Rosser asked:

"What kind of bag did Mary carry with her that day?"

"A mesh bag."

The solicitor asked that she describe its size and shape. Her description was that of an ordinary mesh bag, unornamented and manufactured of silver.

She also identified the handkerchief and parasol as having belonged to the slain child.

PAGE 3, COLUMN 4

Idle and Curious Throng Court Despite Big Force of Deputies

In spite of the largest force of deputies that has ever been brought together in Fulton county for a similar purpose, the greatest difficulty is being experienced in keeping out the idle and morbidly curious at the Leo M. Frank trial.

A glance around the room is sufficient to show that the deputies have been imposed on. Scores of professional loafers men who have had no visible means of support for years, and who could have no possible interest in the trial throng the room. Many women, who are in no way connected with the case either through friendship for Frank or the dead girl, arrive early in the morning and remain during the entire day. They display the keenest interest in every turn of the trial. Wednesday when the bloody shirt which was found at Newt Lee's house was placed in evidence there was a craning of necks on the part of these women as if they could not bear to lose sight of one thread of the grewsome spectacle.

Deputies and county police on guard at the door have used little discretion in keeping out pretenders. In more than one instance reporters have had difficulty in getting in the room. Because one reporter who has been working on the trial since the first day insisted on his right to enter the room in order to do his work, a county policeman drew a "billy" and attempted to strike him. Immediately on the heels of this incident a number of curiosity-seekers were allowed to enter the room.

PAGE 3, COLUMN 4

Daintily Dressed Girl Tells Of Daily Routine of Factory

Grace Hicks, a sister-in-law of "Boots" Rogers, whom he carried to the factory the morning of April 27 to tell if the dead girl was an employee of the factory, was put upon the witness stand by the state after Rogers had been excused.

She was a daintily dressed, slender girl of 17, and declared that she has worked there for the past five years. To the solicitor's questions she answered that she had known Mary Phagan for about a year at the pencil factory and that the dead girl had worked on the second floor.

"Did you see her on April 27?" Mr. Dorsey asked.

"Yes."

"Where?"

"At the undertaker's."

"Was she dead or alive?"

"Dead."

"How did you identify her, if you did?"

"I identified her by looking at her."

Miss Hicks was then made to describe in detail the undertaking establishment and also Mary Phagan and she declared that the girl was good looking, with brown hair and blue eyes, and that she knew her at once by her hair.

She also stated that Mary Phagan was well built, and then she was asked to tell of the routine of the factory.

Describes Office Plan.

"What did you do every day when you went to the factory?"

"I punched the clock and then went to the dressing room."

"How far was the clock from Frank's office?"

"About 18 feet," said the girl.

"How much of the twelve months had Mary Phagan worked?"

"Most of the time."

"Where was Mary's work place?"

"Next to the dressing room."

"Were you present and saw the place when the blood was dug up?"

"That was about two weeks afterward."

"How far was Mary's machine from the dressing room?"

"About ten feet."

"In going from the office to the clock would a person pass Mary's machine?"

"Yes."

"How far was this?"

"About ten feet."

"Did you ever see Frank in the metal department?"

"I have seen him pass through."

"About how often during the day would Frank come back to the metal department?"

"About two or three times a day he would come back to see if the work was being done properly."

"When did Mary work last?"

"Monday; the metal had given out."

"Had the metal come Saturday?"

"No."

"Did Frank know when the metal was there?"

"I don't know."

"When was the regular pay day?"

"On Saturday; they paid off Friday of that week, though; I got a telephone message to come for my pay on Friday."

Shown Building Plans.

The cross-section of the building was then shown the witness and she was asked to point out where the metal was kept. She also pointed out Lemmie Quinn's dressing room, the register clock and Mary Phagan's machine.

Mr. Rosser then took up the cross-examination of the witness on behalf of the defense.

"Standing at the time clock you could not see into Frank's office, could you?" he asked.

"No, sir."

"Did you work there a year?"

"Five years."

"Who was your foreman?"

"Mr. Quinn."

"In those five years how many times did you speak to Mr. Frank?"

"Three times."

"Did you ever see him speak to Mary Phagan?"

"No, sir."

"That floor back there is very dirty, isn't it?"

"Very dirty."

"Lot of white stuff around there?" queried Mr. Rosser, referring to the white substance which it was said had been found partially covering the alleged blood spots on the floor.

"Yes, sir."

"Was there any other girl in the factory who had hair like Mary Phagan?"

"Yes, Magnolia Kennedy's hair was almost like it."

"What was Mary's hair like, was it like these locks?" asked Mr. Rosser, poking one finger at the blond head of Attorney Reuben Arnold.

"Yes sir, very similar to that," replied the witness, and Mr. Arnold did his best not to appear to notice that his colleagues and opponents were smiling at him.

Fun at Attorneys' Expense.

Mr. Rosser amused everyone by pointing out the various lawyers on either side of the case and asking the girl witness if any of them had hair exactly the color of Magnolia Kennedy's tresses. She shook her head as he indicated each one.

"Did you ever see Frank have anything to do with the clock?" Mr. Rosser asked, returning to his usual serious way.

"No."

"Did you go on Friday to get your pay?"

"Yes."

"Did Frank pay you off?"

"No, sir."

"Did you see Magnolia Kennedy and Helen Ferguson while they were getting paid off?"

"Yes."

"Do you live on Mc Donough road?"

"Yes."

"Are the pencils in the factory ever colored?"

"Yes, sir."

"Ever red?"

"Yes, I think so."

"Could the red ever get on the rubber?"

"Yes, it might."

"Did Frank pay off that Friday?"

"No."

"Who did?"

"I can't remember, but it wasn't Mr. Frank."

Asked About Frank's Office.

"You may come down," said Mr. Rosser. Mr. Dorsey, however, asked the witness to remain on the stand, and took up further questions.

"Do you still work for the National Pencil factory?" he began.

"Yes."

Miss Hicks was then asked in regard to the details of Frank's office, but could tell but little about its arrangement.

"Was there any paint in the polishing room?"

"Yes, sir."

"Were the paint room and the machine room together or were they separated?"

"There was a partition between them."

"Any paint in the room where Mary's machine was?"

"No, sir."

"I've seen drops of paint on the floor about the doorway between the two rooms," she said when asked about that point.

"Was it hard to tell that it was paint?"

"No."

"Could you easily tell it was paint?"

"Yes."

"Did the paint look at all like blood?"

"I never saw any red paint there."

Mr. Dorsey then finished with his witness, but the defense asked for another chance to cross-examine her.

"Could there have been any red paint there?" asked Mr. Rosser.

"Yes."

"The floor was dirty and greasy, wasn't it?"

"Yes."

"If the paint stayed there long enough you couldn't tell what it was?"

"No, sir."

The girl was then excused after being on the stand slightly over an hour.

PAGE 4, COLUMN 1

Rogers on Stand Describes Visit of Frank to Undertakers

When court convened and before the jury had been brought in Attorney Luther Rosser entered an objection to the drawing of the pencil factory which Solicitor Hugh M. Dorsey had rehung upon the wall after removing the descriptive lines. Objection had previously been made to the lines and the solicitor had caused these to be erased.

Attorney Rosser and his colleague, Reuben Arnold, declared that the dotted lines which shows the state's theory of how the girl's body was carried from the second floor to the basement were not part of the building and hence were not admissible.

Mr. Dorsey cited rulings of the supreme court to show that he had a right to leave this line in the picture and Judge L. S. Roan allowed it to remain in, later explaining to the jury that the drawing was admitted with the dotted lines under the express agreement that the dotted lines represented merely the state's theory and were not conclusive unless backed by argument to carry out that theory.

W. W. ("Boots") Rogers, ex-county policeman in whose automobile the police officers were taken to the factory the morning the crime was discovered, and who later carried Leo Frank from his home at 68 East Georgia avenue to the undertaking establishment to see Mary Phagan's body and later to the factory, was the first witness called.

After the usual questions as to his connection with the case Solicitor Dorsey took up the formal examination.

"Where were you on or about April 26, 1913?"

"In the daytime I was riding in my car and at night I was at police station."

Tells of Going to Factory.

Rogers then told of going to the factory and carrying the officers in his machine, and Mr. Dorsey took up the detail of what had happened when they got there.

"Did you hear Detective J. N. Starnes talking over the telephone in the factory?" was the first of these queries.

"Yes, he was talking to someone over the phone; I did not catch the name, but he turned and asked me if I would take my car and go to 68 East Georgia avenue and bring Mr. Frank to the factory."

"Did you go?"

"Yes, and I asked Detective Black to go with me."

"What happened there?"

"Mr. Black went up to the door and I followed. Mrs. Frank, dressed in a heavy bath robe, opened the door. Mr. Black and I stepped in and asked for Mr. Frank. Mrs. Frank called him and he came out from behind a curtain and started toward us."

"Describe his appearance."

"He was ready for the street with the exception of his hat, collar and tie and coat. He had on his trousers, shoes and shirt."

The solicitor was pressing for detail and here the witness through his literalness drew a smile from even the most blase spectator.

"I don't know now whether he had on any socks under his shoes; I reckon he did."

"How long did it take Frank to get out there after his wife called him?"

"He came instantly."

"Go on," said the questioner.

Frank Asks Questions.

"Well, Mr. Frank went directly to Mr. Black and asked if anything had happened at the factory. Mr. Black did not reply and he asked me the same question. As Mr. Black had kept silent, I did so. Then Frank asked, 'Did the night watchman call up and report anything wrong?'" continued Rogers.

The solicitor then made his witness go back and describe again the talking over the telephone he had heard in the office previous to leaving the factory to go to Frank's home, and Rogers declared that Starnes had merely asked Frank if he would come to the factory and told him he would send an automobile after him.

"Had you heard anyone else talk, or try to talk, over the telephone from the factory?" asked the solicitor.

"Officer Anderson was in the factory office with Newt Lee about 3:45 o'clock that morning and he tried to call someone over the phone; I don't know who he tried to get."

The questioning then returned to incidents at Frank's home and the solicitor asked what else Frank had said and done.

"Frank asked his wife for his collar and tie and he said something to Mr. Black about hearing his phone ringing and not knowing whether it was real or a dream," continued Rogers after much pressing for detail. "When Mr. Black asked Mr. Frank to go with us to the factory Mrs. Frank wanted to know if he couldn't have breakfast first and Frank asked for a cup of coffee."

All Whisky Was Gone.

"Mr. Black then told him a drink of whisky would do him more good and Mrs. Frank interrupted with the statement that Mr. Selig had had an attack of indigestion and that they had used up what whisky they had in the house," the witness stated.

"Did you ever see the kitchen?" asked the solicitor.

"Yes, I went in there to get some water for my car; the radiator was leaking."

"Were there any evidences or not of breakfast being cooked?"

"Not that I saw; they had a gas range, I believe, and it was not lighted."

"How about Frank?"

Frank Exceedingly Nervous.

"Mr. Frank seemed exceedingly nervous; he talked in the refined tone of a lady and was rubbing his hands and during his questions he showed excitement and asked them in rapid succession."

Detective John R. Black, who later took the stand, declared that Frank was nervous and in describing his voice, stated that he appeared hoarse, but he agreed with Rogers that the words were quick spoken.

"Would there have been time for a man in bed to have dressed himself as much as Frank was dressed when you arrived at his house from the factory?" asked the solicitor.

On Mr. Rosser's objections this was ruled out, and the solicitor put his query in another form.

"How long were you in making the trip?"

"About five or six minutes; I noticed by the speedometer that we were running 42 miles an hour on the way there."

"Was Frank's hair combed?"

"Yes."

"Go ahead," said Mr. Dorsey.

"Well, either Mr. Black or I asked Mr. Frank if he knew a girl named Mary Phagan and Mr. Frank asked, 'Does she work at the factory?' I told him I thought she did and he replied, 'I can't tell whether I do or not.' Then we started for the factory and either Mr. Black or I suggested going by Bloomfield's undertaking establishment to see if Mr. Frank could recognize the body.

Frank's Actions at Undertakers.

"When we got there," Rogers continued, "Mr. Gheesling, one of the men there, went ahead of us to the room where her body lay and made a light for us. I followed Mr. Gheesling, Mr. Frank followed me and Mr. Black brought up the rear. Mr. Gheesling after making a light, turned the girl's face toward us. Frank turned and went into another room and I did not see him look at the body. We then went back to the office of the undertaker. I don't remember Frank's coming into the room where the body was; he stopped at the hall door."

"Could Frank have seen the body?" queried the solicitor.

"Yes."

"Could he have seen the face?"

"No, sir; he could have seen the body for just a moment, but not the face. When we asked Mr. Frank if he knew who Mary Phagan was he said that he could tell by looking at the payroll if she worked at the factory."

Then Rogers was asked to return to the incidents at the Frank home before they left and he declared that Frank had requested his wife to call up Darley.

"How did Frank appear at the undertaker's?" questioned the solicitor.

"He was still apparently nervous."

"When was he told of the murder?"

"He was not told of the murder until after we had left his house."

What Frank Said at Factory.

Rogers then told of the trip from the undertaker's place on South Pryor street to the Pencil factory on South Forsyth and said that as they got to the door that Darley and another man were there and that Frank called to Darley, who went into the building with them.

"When Mr. Frank went into his office, which he did as soon as he got to the building, he opened the safe and took out the payroll and then said that Mary Phagan worked there and had been paid off Saturday.

"My stenographer left here exactly at noon and the office boy then left, and Mary Phagan came in right after that and got her money," Rogers quoted Frank as saying.

"We then asked how much she received and he said that he had paid her $1.20, and asked if anyone had found the pay envelope."

Frank Still Nervous.

"What was Frank's appearance and deportment then?" asked the solicitor.

"He was nervous."

"How did he show it?"

"By his manner of stepping around and by his speech. He stepped quickly about and his words came sharp and quick. After he had finished telling us about the girl's money some one suggested going into the basement," Rogers continued, "and Frank put in the elevator switch and when we commented on the switch-box not being locked, Mr. Frank explained that the insurance people made him keep it unlocked.

"Mr. Frank then touched some lever or something and started the machinery above to turning, but when he got in the car and started to lower the car, it hung and he called Mr. Darley to start it. When Mr. Darley pulled the rope the elevator started up and then he gave it another pull and it went down."

"Did Frank ask any questions on the way down and if so, what were they?"

"I don't remember, Mr. Dorsey," replied the witness.

"Well, did he advance any theories?"

"Not then; but he had previously suggested something about Newt Lee and said Darley knew him well and would be the best man to get something out of him."

Took Slip Out of Time Clock.

"Did you see anybody take any slips out of the clock?"

"Yes, later. After we had come back from the basement I heard Mr. Frank ask Mr. Darley if he, Mr. Frank hadn't better put a new tape in the clock. Mr. Frank then unlocked the right hand side of the clock and took out the slip and said it was punched correctly."

"Was Frank looking at it when he said that?"

"Yes."

"Where was Newt Lee?"

"He was handcuffed nearby."

"What did Mr. Frank then do?"

"He laid the slip down in front of the clock and went into his office and I looked at it. Then he came out and put in a new slip and locked the clock. Then he took and wrote the words 'April 26, 1913,' on the slip he had taken out of the clock and carried it into his office."

"What kind of a pencil did he use?"

"I don't know; just an ordinary looking one."

Then, on being questioned as to the appearance of the slip, Rogers declared it looked to him as though it had been correctly punched.

"What did Frank then do?"

"He asked again for some coffee."

"Did he ask for breakfast, then?"

"No, not there."

"What did Frank say about the murder, and did he talk of it much?"

"The whole trend of the talk was about the murder."

"Did you notice Frank's eyes?"

"No, sir."

"How long did you and Frank remain in the factory?"

"About an hour."

"Who was under arrest then?"

"Newt Lee."

"Was Frank under arrest?"

"I never considered him under arrest."

Frank at Police Station.

"Tell what, if anything, occurred at police station."

"Well, when we got there they took Mr. Frank up to Chief Lanford's office and I took my sister-in-law home."

"Did you see Frank do anything in the station house?"

"No."

"Did you see Frank with a pencil at the station house?"

"I don't remember seeing him with one."

"Was Frank nervous at the station house?"

"Yes, I remember how he jumped quickly out of the auto."

Rosser Conducts Cross-Examination.

Attorney Rosser then took up the cross-examination of the state's witness.

"Did Newt Lee meet you at the factory door?" Rosser asked, referring to the first trip to the factory.

"No, we had to rattle the door."

"How long before he came?"

"A minute or two."

"Did you know when you first got there whether it was a white girl or black who was dead?"

"No."

"How did you find out?"

"Dobbs or Anderson pulled down her stocking."

"No blood on her neck?"

"No."

"Did the cord cut into her neck?"

"It left an impression."

"What time was Frank at the undertaker's?"

"About 7 o'clock."

"After Starnes telephoned, you went out to Georgia avenue?"

"Yes, but had to wait a while for Mr. Frank at his house."

"How long were you on the trip to Frank's house?"

"About 25 minutes."

"I'm undertaking to test your memory; that's all," said Mr. Rosser.

Could Not Recall Exact Words.

"You won't undertake to give your exact words at the inquest?"

"It would be foolish to undertake it."

"Didn't Black say, 'A drink would do us all good?'" asked Mr. Rosser.

"He said so after Mrs. Frank had made some remark about it," replied Rogers. "She called upstairs, and was told that Mr. Selig had had an attack of acute indigestion, and had drunk up all the liquor in the house."

"Did you say that on the way to town Frank asserted that he didn't know Mary Phagan?"

"Yes."

"When you looked at the body, could you look at Frank, too?"

"I turned around."

"Do you know that Frank wasn't looking at the body at the time you were looking at it? Do you know where Frank went?"

"He stepped out of my view."

"From the time you saw Frank, what did he say?"

"He asked if her name was Mary Phagan, and said that if she worked at the factory he could tell by the pay roll; he took some books from the safe and said he had paid her off Saturday."

"Frank started the elevator, and it bumped and he called Darley, and, when Darley started it, Frank took it?" queried Rosser.

"Yes."

"Was there blood on the sawdust?"

"I didn't see any."

"Anywhere else?"

Blood on Clothes.

"There was a spot on her underclothes."

"Did anybody touch the body?"

"Sergeant Dobbs and Officer Brown worked her arms and fingers."

"When you started to the station house, why did Frank go?"

"I don't know whether he was asked to go or not."

"He went alertly?"

"Yes; rapidly."

"Seemed glad to go?"

"Yes."

Dorsey Questions Witness.

Mr. Rosser ended his questions then, and Mr. Dorsey took up the examination and asked Rogers if he could tell whether the girl's hair was that of a white girl or a negro, and he declared that he could tell it to be a white girl's.

"Could Frank see the girl's face, or not, when the undertaker uncovered it?" Mr. Dorsey asked.

Frank's attorneys protested against this question, and Judge Roan ruled that the state's attorney could only ask what opportunity Frank could have had to see the face.

"What, if anything, prevented Frank from seeing the girl's face?" the solicitor then queried.

"The body was lying in a position so he could not see it," was Rogers' reply.

"Didn't you tell me that " Mr. Rosser interrupted, but he was broken into by the solicitor, who continued his questioning.

"What position was the body in?" asked Mr. Dorsey.

"The face was turned to the wall."

"Where was Frank?" his attorney then asked.

"He had stepped beyond my vision," replied the witness.

Rogers was then allowed to leave the stand.

PAGE 4, COLUMN 4

Gantt, Once Phagan Suspect, On Stand Wednesday Afternoon

J. W. Gantt, who once was a suspect in the famous case, followed Mrs. Coleman to the stand at the afternoon session.

"Have you ever been connected with the pencil company?"

"From January 1, 1913, until April 7 I was employed with that concern as shipping clerk. I was discharged by Mr. Frank for an alleged shortage."

"Did you know Mary Phagan?"

"Yes I knew her as a little girl."

"Did Leo Frank know her?"

"Yes."

"How do you know this?"

Knew Mary Pretty Well.

"On Saturday she came into the office for a time record. Frank came in and said, 'You seem to know Mary pretty well?'"

"When was that?"

"Some time since Christmas."

"How intimate were you with Mary?"

"I knew her when she was a child."

"How far did you work from her?"

"I worked in the office and she worked in the rear."

"In reference to Frank how were you located?"

"We were in the same office."

"How many girls worked in Mary's department?"

"Three others beside herself."

"Did Frank see you when you returned to the factory after you discharge?"

"Yes."

"What about one girl getting another's pay envelope at the girl's request?"

"It was frequently done."

"Explain everything with reference to your alleged shortage."

The Alleged Shortage.

"A boy came back from my department with a $2 shortage. He went to Mr. Frank. Mr. Frank came and asked me about it. I told him I knew turned to the factory after your discharged.'"

"How about the punch clock near Frank's office? Would it take much time to read the slip and to learn to read it?"

"Only about five minutes."

"Previously, who took your place at the factory?"

"I don't know."

"Previous to your discharge had Frank ever commended you?"

"He said I was as good a workman as he had ever had."

"Do you know the exact location of clock? Could Frank, from his desk, see the employees register upon it?"

"If the safe door was closed."

"Did you know how to fix the clock?"

"Yes. Mr. Frank taught me."

Wanted to Get Shoes.

"On April 26, when did you first see Frank?"

"At 6 o'clock that afternoon at the factory entrance. He saw me at the door talking to Newt Lee. He came down to within fifteen feet from door and stopped. He saw I was looking at him and advanced toward me. I told him I had two pair of shoes in the factory, and wanted to get them. He told me he had seen a negro sweeping a pair out of the place. I went in and found both pair after he had given me consent to enter the factory."

"Did you look at Frank? If so, describe his appearance?"

"He was nervous and pale. He hung his head and hesitated."

"Did he jump?"

"Yes."

"How?"

"He just stepped back, kinder startled."

"Did he look at you?"

"No. He hung his head."

Rosser began cross-examination by reading extracts of Gantt's statement before the coroner's jury.

"You'll admit to this," he said, reading from his notes: "'I never saw Mary Phagan in Frank's company. Never knew he was acquainted with her?'"

"Yes."

"You may come down."

Court then adjourned until Thursday morning.

PAGE 4, COLUMN 6

Bearing of Black and Lee Forms a Study in Contrast

By Sidney Ormond.

Comparisons are odious, but to the close observer of events following the Mary Phagan murder and the trial now in progress one cannot help contrasting the impression made on the jury by Newt Lee, the negro night-watchman of the National Pencil factory, and the testimony of John Black, detective, who worked up a large part of the evidence being used against Leo M. Frank by the state.

It was only a short while ago that John Black, according to the statement of Lee, was "blun-blamming" at him night and day in an effort to get something new in regard to the death of Mary Phagan. Lee was not allowed to sleep, and you know what that means to a negro. No sooner would he curl up on his bunk to dream of yellow-legged chickens, watermelons and the fresh air of liberty, than along would come Black or Starnes or some other member of the detective force to harass him with questions. For months his life has been one volley of interrogations, fired at him coaxingly or menacingly. He told his story so often that doubtless if he were asked which he preferred, fried chicken or watermelon, he would say:

"I went down into the basement and "

When Newt Lee went on the stand Luther Rosser, who is a bearcat when it comes to mixing a person up, had no terrors for him. The mere fact that Newt has no education stood him in good stead. His memory, or his "recollection," as he termed it, had been developed just in proportion as his education had been neglected.

Luther Rosser never budged him from his original story. He remembered the exact words he used before the coroner's jury.

"So, Mr. Frank told you to go out and have some fun, did he?" Luther Rosser would ask.

"Naw, suh. He didnt say dat. He tole me to go out and have a good time," Newt would reply.

With John Black, the case was different, and the manner in which he became muddled up and confused under the crossfire of Mr. Rosser's questioning proves that the memory of the illiterate is often more reliable than the memory of a person of fairly good education. It proves another thing: Newt Lee is stolid. He has no nerves. Being questioned by Luther Rosser meant absolutely nothing to him. He didn't give a whoop whether it was Luther Rosser or John Black. Black is inclined to be nervous. He dreaded the ordeal through which he was to pass, and he looked forward to it with increasing fear as the days passed. Detective that he is, he knew Luther Rosser's tactics. He had been questioned by him before. He had felt the sting of Rosser's sarcasm; he had suffered from the vitriol which Rube Arnold occasionally pours into a wound inflicted by his colleague. He knew he was in for a hiding that great strips of skin were going to be taken off his person, and that, no matter what he said or how he said it, he was in for a merry, merry old time of it.

"I should worry," soliloquized John Black. And worry he did.

No one questions that Black did his best. Jim Jeffries, also, did his best one fatal Fourth of July.

The testimony of Newt Lee and John Black forms a nice study in psychology. Lee would doubtless think you were cursing him if you used that word in his presence, and

But, really, that is all there is to it. One did and the other didn't.

PAGE 7, COLUMN 2

WILLIAM GHEESLING FIRST WITNESS TODAY

Harry Scott, Pinkerton Detective, Will Also Be Called to Stand During Day.

William Gheesling, the P. J. Bloomfield undertaking attach who made the first examination and embalmed the body of Mary Phagan, will probably be the first witness called to the stand in the Frank trial this morning.

He will be followed by Harry Scott, the Pinkerton detectives who worked with Detective John Black in the murder investigation, and who engineered the third degree which resulted in Jim Conley's confession.

Dr. Hurt, county physician who made the medical examination upon the corpse, and who, it is rumored, testified before the grand jury to the effect that no assault had been made upon the girl, will likely be called this afternoon.

Evidently a big fight will be waged upon Dr. Hurt's testimony, as the defense, it is stated, has already made arrangements for an expert stenographer to take notes of his story.