Friday, 1st August 1913 E. F. Holloway Testimony

Reading Time: 59 minutes, [9960 words]

HOLLOWAY DENIES AFFIDAVIT HE SIGNED FOR SOLICITOR

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NEW TESTIMONY GIVEN AT TRIAL OF LEO M. FRANK BY R. B. BARRETT

Machinist at Pencil Factory Tells Jury of Discovery of Murdered Girl's Pay Envelope and of Strands of Hair Near Her Machine in Metal Room on Second Floor.

HENRY SCOTT PUZZLES BOTH SIDES OF CASE BY EVIDENCE THURSDAY

E. L. Holloway, Who Swore in Affidavit That Elevator Was Closed on Saturday, the Day of the Murder, Admits on Stand That He Was Mistaken "I've Been Trapped," Cries Dorsey.

The first piece of new testimony of any importance which has developed since the beginning of the Leo M. Frank trial came Thursday morning, when R. B. Barrett, a machinist employed at the National Pencil factory, testified that he had found what was supposed to be Mary Phagan's pay envelope near her machine in the metal room. Up to this time the matter of the pay envelope had been a complete mystery. Barrett also testified to having discovered blood stains on the floor near her machine, and a strand of hair on the machine. The blood stain had been wiped over with some kind of white preparation.

The whole gist of Solicitor Dorsey's questioning was to prove that the murder was committed on the second floor. The testimony of this witness and others seemed to bear out this contention.

Scott Proves Surprise.

Harry Scott, of the Pinkerton Detective agency, who has been employed by the National Pencil factory to ferret out the murderer, proved a strong witness for the state, although at first it looked as if he would prove of more value to the defense.

In the early stages of his examination by Solicitor Dorsey Scott was asked if, on his first meeting with Leo M. Frank, the accused had not appeared extremely nervous. This was on Monday following the murder. Scott denied this to be a fact. Solicitor Dorsey became excited and intimated that he had been "trapped;" that the witness was not giving the testimony he had been led to expect.

Scott grew heated and exclaimed: "I hope you do not infer that I am withholding anything!"

Solicitor Dorsey said he did not, and from that time on Scott told in detail of his connection with the case.

Among other things he said that either Frank or Darley had told him on Monday following the murder that

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Gantt had been very familiar and intimate with Mary Phagan. He also testified that on Tuesday night at the station house Frank had been very nervous; that he had repeatedly crossed his legs, felt of his chin, and that he took deep breaths more like sighs than anything else.

Haas Wanted to See Reports.

He stated that Herbert Haas, one of Frank's attorneys, had suggested that the Pinkertons turn over all evidence to him before it was given the police department, and that he declined to consider any such proposal, stating he would throw up the case first.

Luther Rosser failed to shake Scott's testimony.

Frank Was Not There.

Monteen Stover, a former employee of the pencil factory, testified that she had gone to Frank's office at 5 minutes after 12 o'clock on Memorial day, and that Frank was not there. She had remained in the building fully five minutes and saw no one. Frank has claimed that he was in his office at that time.

Dr. Claude Smith testified to making an examination of the bloody shirt found at Newt Lee's home. He said he had examined the neck-band and it did not have the appearance of having been worn. No odor could be detected on the under side of the sleeves. He also testified to making an examination of the blood stains found on the floor. He could not state whether or not this was human blood.

Holloway Contradicts Himself.

E. L. Holloway, an employee of the pencil factory, who had previously signed an affidavit that the power box on the elevator was closed on Saturday, the day of the murder, admitted that he was mistaken; that he had opened the box and hung up the key in Frank's office.

His affidavit was placed in evidence, and Judge Roan ruled that certain parts of it were admissible.

Summing up the day's testimony, the weight of it was not so favorable to the defendant as on the day previous.

The courtroom continues to attract large crowds.

Mrs. Callie Applebaum, recently acquitted of killing her husband, was one of the interested spectators.

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Acquitted in the Same Court, She Believes Frank Is Innocent

Photo by Francis E. Price. Staff Photographer.

Mrs. Callie Scott Appelbaum, who was tried before Judge Roan for the murder of her husband, Jerome Appelbaum, and declared "not guilty," and Leo M. Frank, who is now on trial charged with the murder of Mary Phagan. Mrs. Appelbaum was an interested spectator at Frank's trial Thursday afternoon.

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ATTORNEYS FOR BOTH SIDES RILED BY SCOTT'S TESTIMONY; REPLIES CAUSE LIVELY TILTS

When court convened on Thursday morning J. M. Gantt, formerly employed in the bookkeeping department of the National Pencil factory, was placed on the stand for two questions, and he was followed by Harry Scott, Pinkerton detective, who worked as a partner of John R. Black, of the city detectives, in searching for the murderer of Mary Phagan.

Solicitor Hugh Dorsey had Gantt swear that he was arrested on April 28 and held until the following Thursday.

During Scott's testimony, there were lively tilts of all sorts. At one time Scott became angry with the solicitor and asked him if he were accusing him of withholding evidence, and Dorsey declared that Scott had entrapped him by promising to swear one thing on the stand and then by refusing to swear it.

A moment later the defense was in a rage when Scott swore that Herbert Haas, one of Leo Frank's counsel, had ordered him to furnish to the defense the evidence he might obtain before giving it to the police.

Luther Rosser, another of Frank's attorneys, then tried to show that he had not been concerned in this, and when this was not held admissible, he burst out with the statement, "There's certainly no one here who believes that I had anything to do with this!"

Scott declared he told Haas, in the presence of Rosser and Sig Montag, that before the Pinkertons would do as he asked that they would quit the case.

In the formal examination the first question asked by the solicitor was, "How long have you known Frank?"

Employed by Frank.

"Since I first saw him on April 29," the Pinkerton man replied. "By whom were you employed in the Phagan murder?" "By Frank, representing the National Pencil company." "Where did you see him?" "In his office in the pencil factory. He called me in his private office for a conference." "What did he say?" asked the solicitor. "He told me about the crime, and stated that he and the directors of the company had decided that the public demanded a thorough investigation to find the murderer. Then he said he had just left police station, and that Detective Black seemed to suspect him. "Then," continued the detective, "he outlined to me his own movements on that Saturday, stating that he had come to the factory at 8 o'clock; had gone to Montag brothers' place about 9 with Darley, and came back to the factory about 11 o'clock. "He then said," Scott went on, "that Mrs. White, wife of J. A. White, who was at work upstairs, had come in just before noon and asked permission to go up to see her husband.

Paid Off in Private Office.

"Mary Phagan came in and drew her pay at ten minutes after 12, according to what Frank said, and he paid her $1.20, giving her two halves and he thought two dimes," continued Scott, "and then he said that the Phagan girl was paid off in his private office at his desk, and that as she went out she stopped in the outer office and called back to know if the metal had arrived yet. "Frank declared he told the girl that he did not know about the metal, and then as she went on out he thought he heard voices, but could not tell whose they were. He then said that at about half past 12 he went up and told Mrs. White that he was about to close up the factory, and that she had best leave, and that Mrs. White told him of seeing a negro behind some boxes on the first floor." "Frank said he left at about ten after 1," Scott went on, "and that he went home, and was back at the factory at 4 o'clock, when Newt Lee came, and that he sent Lee out to have a good time and told him to come back at 6. "Frank then told that Lee came back at 6, and that a few minutes afterwards he went out and saw Lee sitting on a box and talking to Gantt."

Tried to Call Factory.

"Gantt, Frank said, was a former bookkeeper who had been discharged for thieving," Scott stated, "and then Frank said he got home by 20 minutes after 6, and, worrying about Gantt's presence, tried to call the factory at 6:30. Frank told me he tried and tried the telephone, and finally got the number at 7 o'clock and asked Lee if Gantt had gone and if everything was all right. Lee answered in the affirmative, according to Frank," said the Pinkerton man, "and Frank then said that at 9 o'clock he took a bath and went to bed. "After that Frank and Darley and I went through the factory and the various details were explained to me. I was shown the place where the hair had been found and the place where some dark spots had been chipped out, and there was a white substance around the place. "I then examined the time clock, and then went to the basement and was shown where the body had been found, and also the hat and shoe. Darley did most of the explaining on this trip, and Frank had been the spokesman in the office." "How did Frank act in his office?" "He seemed perfectly natural," replied the witness. "What do you mean by perfectly natural?" interrupted Rosser, for the defense. "He wasn't nervous," said Scott. "Was he nervous or not later?"

Nervous While at Station.

"Yes, he was nervous at the police station when we were talking about Lee." "How did he breathe in the office?" "Occasionally, he seemed to take a long breath," said Scott. "Was Frank accurate and specific as to time in describing to you his actions on that Saturday when the girl is supposed to have been killed," asked Dorsey.

On Attorney Rosser's objection this was ruled out.

"What did his eyes look like?" continued the solicitor. "Large and piercing." "What kind of breaths did he take?" "Deep sighs," said Scott. "How often?" "Four or five times while in the office." "How large did his eyes look then?" "Same as now." "How about his complexion?" "He was a little pale then." "What, if any, pauses did he make?" asked Dorsey. "That's a leading question," snapped Rosser. "How did Frank give his narrative and was he rapid in speech and specific in regard to time?" the solicitor went on without the other question being answered.

Mr. Rosser objected to the use of the word "specific," and declared that Frank had always used the word, "about" in referring to the time of his movements.

"What else was said in the conversation?" asked Dorsey. "Nothing more that I recall."

Reported to Haas and Rosser.

"Did you or did you not make reports or statements to the defendant of what you did?" asked Dorsey. "I made them to Herbert Haas, Luther Rosser and Sig Montag." Scott declared. "I grant that he furnished them, injected Rosser, "but the fact that he did doesn't make it admissible." "Did the Pinkertons give Frank's counsel reports?" continued the solicitor. "Yes." "Give them to the state?" "I don't know." "Did Frank say he heard the voices in the hall about noon that Saturday, before or after noon?"

Scott was allowed to refer to his notes and started reading from them when Rosser stopped him.

"You must not necessarily read what the notes say, but what your mind says after refreshing it by means of the notes," ruled Judge Roan. "Frank said he heard the voices after noon," said Scott. "What did Frank tell you he did at home after he left the factory at lunch time?" asked Dorsey. "He did not say." "Did he tell you he ate lunch?" "No."

Frank's References to Gantt.

"What, if anything, did Frank tell you about Gantt?" "He stated in the first conversation," said Scott, "that Gantt knew Mary Phagan very well and was intimate with her." "Did he say how he knew this?" "No." "Did Frank say anything about Gantt's attentions to Mary Phagan?" "Not that I recall." "May I refresh the mind of the witness?" asked the solicitor, turning to Judge Roan.

Attorney Rosser entered an objection. "Your honor," said Mr. Dorsey rather hotly, "it is in your discretion to allow me to 'lead' a witness, and if there ever was a time when a witness needs to be led this is one, this detective in the employ of the defense."

Scott Becomes Angry.

"You don't mean to intimate that I'm holding anything back!" Scott exclaimed angrily. "The state has been trapped," said Mr. Dorsey amid a general murmur from Rosser and Scott, and for a moment things looked black. "The witness told me something and now he don't seem to remember it," Mr. Dorsey continued, "and I'm not trying to impeach him, I'm simply trying to refresh his memory," he added as his colleague, Frank Hooper, whispered something to him. "Mr. Dorsey said three times that he had been trapped by Scott," Rosser interrupted, "and now after Hooper has talked to him he's changed; Hooper's a wise man." "You have the right, your honor, to allow me to ask leading questions, and while generally they are not allowed on cross-examination, you may allow them on direct examination and even refuse them to the other side when they are cross-examining. This detective seems to have a lapse of memory. Why, he had to refresh it a while ago with his notes, and now I want to ask him to refresh it about what Frank said about Gantt."

The solicitor evidently wanted Scott to declare that Frank had narrated seeing Gantt and Mary Phagan together and thus give the lie to Frank's declaration to Rogers and Black that he did not know even whether such a girl as Mary Phagan worked at the factory. "In my talk to you, Mr. Scott, did I or not make memoranda of what you said?" asked the solicitor, and then turning to the judge he asked to show these to the witness.

Rosser Again Objects.

Mr. Rosser objected to this procedure and the judge asked Scott if he knew what the solicitor had written on the memoranda. When Scott said he did not know all that Dorsey wrote, Judge Roan ruled that unless the witness had seen all that the solicitor wrote that he could not be shown the notes to refresh his memory. "As I understand it, Mr. Dorsey can tell about what they talked over and can ask, 'Well, Mr. Scott, how about this or that?'" stated Attorney Hooper. "It is not a 'leading' question to call attention to a certain subject." "Mr. Dorsey, you may call attention to a specific subject, but not to the answer you want" said Judge Roan. "Mr. Scott, did Frank or did he not discuss Gantt's relations to Mary Phagan?" the solicitor then asked. "Yes" Scott replied. "What did he say?" "He said Gantt paid a great deal of attention to her." "Anything more?" "Not that I now recall." "Do you know when Gantt was arrested?" "On Monday, April 28, about 4 o'clock in the afternoon." "Before or after your talk with Frank?" "About the same time; Gantt was arrested in Marietta just about that hour." "Was there any suggestion by Frank's attorneys that you suppress any evidence in this case?" asked the solicitor. "Your honor," interrupted Attorney Rosser, "Leo Frank in a civil case would not be bound by what his lawyers did, and certainly he would not in this."

Mr. Dorsey then withdrew the question.

"What was said about the matter?" asked the solicitor.

Scott Suspected Frank.

"During the first week in May," said Scott, "Pierce and I went to Herbert Haas' office to discuss the handling of the case and we told him we had strong suspicion against Frank." "I object; that can't come in!" roared Rosser. "Mr. Haas said that he would rather we would submit what evidence we might get to them before turning it over to the police," the Pinkerton man continued, "so that they would know in advance what the evidence was, and we told him that we would quit

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ATTORNEYS FOR BOTH SIDES

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the case before we would handle it in that way."

Scott was then made to describe the locality where the supposed blood spots were found near the girls' dressing room and he declared that the spots had been chipped out when he went there, but that a white substance was smeared around the place as if someone had taken a cloth and rubbed the whiting on the floor.

"Are you sure that the white stuff had been smeared on, or had it merely been spilled there?" asked the solicitor. "I could tell by its appearance that it had been smeared there," Scott replied positively. "On the facts you have told about Frank's appearance are you willing to tell whether or not Frank was nervous?" asked the solicitor, referring to Scott's testimony about the defendant's being pale and taking long breaths during the first conference. "He seemed nervous but not trembling," answered Scott. "Tell what happened on Tuesday night, April 29, in Frank's presence," said Dorsey. "Black and I were with Frank at police station and Black told him that he and I believed Newt Lee knew more about the crime than he would tell and we suggested to Frank that he, as Lee's employer, might get something out of him and we asked Frank to hold a private talk with the negro.

Says Frank Squirmed in Chair.

"Frank did that and when he had been there about ten minutes Black and I entered just as Lee was saying, 'Mr. Frank, it's awful hard to be handcuffed here to this chair.' "Frank hung his head for about 30 seconds and then flinging up his hands he burst out, 'Well, they've got me, too!' "Later Frank told us he got nothing out of the negro," said Scott. "How about Frank's demeanor at that time?" asked Dorsey. "He was extremely nervous; he squirmed in his chair and crossed and uncrossed his legs. He didn't seem to know what to do with his hands and put them all over his face and rubbed his mouth with them several times, four or five times, and hung his head, swallowed hard and sighed."

Search Made in Factory.

"Black and I went to the factory and carried him to the station house and after a conference decided to keep him here," Scott declared next in answer to the solicitor's question about the time that Frank was first arrested. "How about his appearance?" asked Dorsey. "He had nothing to say and he was very pale." "Did you see Mr. Rosser, Frank's attorney, with him on Tuesday before his arrest?" "No." "Did you see Frank on May 3, and what took place?" "Black and I went to his cell and asked him if, after going back to the factory from Montag's place, he stayed in the office, and he said he did, and also that he was there from 12 to 12:30." "Did you talk to Frank about the suspects in the case previous to the offerings of the rewards?" "No." "Did you search the factory?" "Yes, I searched thoroughly around the elevator shaft, but only on the surface; I did not dig up the dirt." "Find anything like a ribbon, a purse, pay envelope or a stick or bludgeon?" asked Dorsey quickly. "No, I ran my lantern up and down and looked thoroughly, but I found nothing like what you describe," Scott declared with emphasis.

Cross-Questioned by Rosser.

Mr. Rosser then took up the cross-examination.

"Did you make a report of your talk with Mr. Haas?" "Yes." "Mr. Haas said that he wanted to find the murderer whoever he might be, didn't he?" queried Mr. Rosser. "Yes, he said that after I had told him we would quit the case before we would handle it like he first suggested, in telling us to submit new evidence to him before giving it to the police," replied Scott.

Mr. Rosser then declared that he wanted to show that he had not been concerned in the affair. The solicitor won his point, however, that because it might have been that one of the defendant's counsel had tried to suppress facts, that such did not open up the way for proving that others had not.

"Well, there's certainly no one here who would think that I had anything to do with it, and I know it," thundered Rosser, apparently addressing himself to court and spectators as well as jurymen. "Didn't you give me a statement of your first conversation with Frank in which there was no mention of his statement about the alleged intimacy between Gantt and Mary Phagan?" asked Mr. Rosser a moment later of Scott. "It was purely an oversight." "Didn't the coroner ask you about Lee's statement and you answered without saying anything of Gantt's intimacy?" "Yes, I didn't consider Gantt a suspect and for that reason did not report it to you."

Gives Notes to Rosser.

Scott then gave Attorney Rosser the notes of his testimony.

"Isn't it true that at the inquest you failed to tell of Frank's lowering his head?" "I do not remember." "Didn't you make one statement at the inquest and another here?" "Oh, I've refreshed my memory," said Scott. "Show me in your notes anything about Gantt's intimacy with Mary Phagan," said Rosser. "It isn't there; I've got my system of taking notes and maybe they are not like yours." "Isn't it true you took part of the notes one day and some another day?" "I did no such thing." "You never mentioned to me of Gantt's intimacy." "No." "At the coroner's inquest did you not say Frank was nervous that afternoon at the office?" "No; I was not asked about it." "Why did you state it?" "Oh, there is a lot besides going into a whole detailed sheet about it." "When you told of the talk between Lee and Frank you never said he was nervous." "Not nervous; I said Frank hung his head." "Are you following Dorsey's attack?" "No, his line of questions." "Are you a trained sleuth?" "Suppose so." "You are trained to note all indications of guilt in a man?" "Yes." "Did you swear you told all you knew at the inquest?" "Yes; I did my best in a general way." "You never hid anything?"

Scott Again Grows Angry.

"No; that's not my business nor my reputation," Scott flashed back, his anger, which had been visible since his hot words with the solicitor, flaring high again. "It wouldn't have been wise to open up and tell everything at the inquest," interrupted the solicitor. "Who was present at the factory office when you conferred with Frank?" "Darley was there and I think Schiff was," answered Scott. "Do you work with the police?" "Yes." "Never work against them?" "No." "You just go right down the road with them do you?" said Mr. Rosser.

Scott made no particular reply and the cross-examination went on.

"Were you in the factory that Sunday morning?" the attorney next asked. "No; I never entered there until about 4:30 Monday afternoon." "Did you testify as to blood stains at the inquest?" "Yes." "I also found some supposed blood stains," Rosser read from the stenographic report of Scott's testimony before the coroner. "Mr. Scott, you said nothing then about the smears over the spots," said Mr. Rosser.

Scott was then made to tell that Frank acted as the spokesman in the office and that Darley did the explaining as they made the trip through the factory on the Monday after the crime.

"You say now," continued Mr. Rosser, "that Frank told you he left the factory about 1:10?" "Yes." "Didn't you report to me that Frank said he left about 1 o'clock? "No I said 1:10."

When the attorney exhibited the report it showed 1 o'clock instead of 1:10 and Scott declared that it was merely an error, and should have been 1:10.

"Did Detective Black know all that happened before Herbert Haas, Sig Montag or I did?" "Yes, absolutely." "Well, you may go," said Mr. Rosser, and turning to the judge he declared he wanted to reserve the right to question him again.

Dorsey Resumes Questioning.

"Did you ever report to the police the finding of a stick?" asked Mr. Dorsey, again taking up the examination. "I presume that unless it was held out that chief got knowledge of it about the time it was found," answered Scott. "Don't you know whether he did or not?" "No, I was away at the time, and I don't know what happened while I was out of town." "When you work with the police do you follow them or the facts in the case?" asked Dorsey. "We report to the police each day the facts we get." "How do you work with the police?" "Black and I worked as partners, and he knew all I knew, and reported it to the police."

Then Mr. Dorsey made the witness tell again about the threat that the Pinkertons would leave the case before they would report evidence to the defense before giving it to the police. After Scott had pointed out on the cross-section of the factory building the route taken by himself, Frank and Darley in examining the place on the Monday after the case, he was excused. The Pinkerton man had been on the stand for two hours.

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REPRESENTING STATE IN FRANK TRIAL

Left to right: Solicitor General Hugh M. Dorsey, Assistant Solicitor E. A. Stephens, and Attorney Frank A. Hooper.

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Spots Were Large As Fan, Declares Woman Who Saw Them

Mrs. George W. Jefferson, who is an employee of the pencil factory, was next called to the stand. Her examination was begun by Solicitor Dorsey.

"Where do you work?" "In the National Pencil factory." "Where were you working Friday, April 24." "In the National Pencil factory." "Were you there Monday?" "Yes." "Did you see anything on the floor near a dressing room?" "Yes. It looked like something white had been spread over a spot of blood." "How far is the polish room from the ladies' dressing room?" "Four or five feet. "How far are the cords from the dressing room?" "They are hanging up on the wall." "Is there any red paint in your department used in polishing pencils?" "Yes." "Is there any difficulty in distinguishing the different shades of red paint?" "Yes."

Attorney Rosser took up the interrogation.

Spots Were Big as Fan.

"Could you tell how long that dark spot had been there?" "No." "That is a very dirty, greasy floor, isn't it?" "Yes." "Did you know Mary Phagan?" "Yes. Had known her for a year. I've been working at the pencil factory for three years." "You say the entire spots were as big as your fan?" "Including the white stuff, they were." "How big were the dark spots?" "Smaller then the palm of your hand."

Solicitor Dorsey resumed questioning the witness. "Where are the pencils painted?" "On the third floor." "Where is paint of any kind used on the second floor?" "Only in the polish room."

Attorney Rosser again began interrogating.

"These wrapping cords, the kind found around the little girl's throat, are scattered all over the factory, aren't they?" "They are supposed to be kept only in our department on the third floor." "Don't they ever get into the basement in the trash or sweepings?" "I've never been in the basement."

Here the solicitor took the witness.

"Is there any need for the cords in the basement?" "Not that I know?"

She was then called from the stand.

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"I've Been Trapped By Witness," Cries Dorsey When Holloway Goes Back on His Affidavit

E. F. Holloway, a general superintendent in the pencil factory, who has been in the employ of that concern for three years, was called to the stand. It was during Holloway's statement that the solicitor charged him with having trapped the state in attesting his signature to a sworn statement and making a conflicting statement before the jury.

"How long have you been employed at the pencil factory?" the solicitor asked. "Three years." "Are you working there now?" "Yes." "Were you there on Saturday, April 26?" "There from 6:30 a. m. until 11:25 a. m." "What is your business?" "Attending to the elevator, freight and looking after general business." "What do you do upon leaving in reference to the elevator?" "Nothing in particular." "Did you leave the elevator unlocked on Saturday, April 26?" "Yes."

Trapped by Witness.

Instantly upon the witness' answer the solicitor cried to Judge Roan: "Your honor, I've been trapped by the witness. On May 12, before Detectives Campbell, Starnes, John Black and my stenographer, Mr. Holloway swore that he had locked this power box on Saturday, April 26, and that he always kept it locked."

Holloway, in answer to this, said: "I said I had locked it on Friday."

Dorsey: "He swore on May 12 that he had locked it on Friday and Saturday, didn't you, Mr. Witness?" "I don't remember." "Will you deny having sworn it?" "No." "Was it locked that Saturday?" "No." "Why did you say it was locked?" "Because I forgot."

He Signed Affidavit.

"You signed your name to this affidavit and read it, didn't you?" "Yes." "Did you notice J. M. Gantt's association with Mary Phagan?" "Yes." "Where?" "Sometimes at the register."

Rosser took the witness.

"Anybody, on Saturday, 26, could have walked from any floor in the factory without being stopped. "Yes." "The front doors were unlocked all morning?" "Yes." "Denham and White asked you to saw some timber?" "Yes." "You had to switch on the power to saw with, didn't you the same power that runs the elevator and you left the switch unlocked?" "Yes." "The metal room floor is dirty and greasy, isn't it?" "Dirtiest in town." "Has it been washed in three years?" "No."

Analine Put on Floor.

"Is analine ever put on the floor?" "Every day." "Is it unusual to see spots on the floor?" "No." "How many women work in the plant?" "About 100." "Eleven work in the paint department?" "Yes." "Have you ever seen spots that look like blood in the metal room?" "Yes." "Barrett discovered about everything that was discovered, didn't he the blood, the hair, the envelope?" "He claims to have discovered them." "Did you see Newt Lee when you went in Saturday?" "Yes." "Who else did you see?" "Harry Denham and Alonzo Mann." "Where did Mr. Frank go when he got there?" "Into his office." "Who was the next man?" "Mr. Darley." "Who was the next man or woman?" "Mattie Smith." "Did you turn the building over to Newt Lee?" "Yes." "How many negroes worked in the building?" "Seven or eight."

Always Sweeping.

"Did you ever hear of a man named Stanford who had a mania for sweeping out and couldn't stop until he had swept the whole floor?" "Yes. He did it frequently." "Do you remember seeing Mrs. Arthur White at the plant on the morning you left?" "Yes." "Do you remember Miss Hall coming in?" "Yes." "What was she doing?" "Writing on the typewriter." "Remember Frank coming back from Montag's?" "Yes." "Do you use these wrapping cords in any other part of the building beside the third floor?" "Yes everywhere." "Don't some of them get into the trash?" "Every day."

Did Not See Phagan.

"Did you see Mary Phagan that Saturday?" "No." "Did you see Monteen Stover?" "No." "Was Jim Conley familiar with the metal room?" "Sure he was. With every part of the factory."

The solicitor took the witness.

"Where were Denham and White working on the third floor?" "Thirty feet from the elevator." "What kind of lock was on the door where the blood was said to have been?" "Common lock." "Why are these wrapping cords used on the second floor?" "To wrap up pencils." "Who ever tied up pencils on the second floor?" "Nobody."

Attorney Arnold began interrogating.

Forgot to Tell Dorsey.

"You forgot to tell Mr. Dorsey of sawing planks for Denham and White and, upon recollecting it, remembered about leaving the switch unlocked?" "Yes." "The elevator makes a lot of noise?" "It surely does."

Further questions were asked by Mr. Dorsey.

"Does the elevator or motor make the most noise?" "Motor."

Upon removing Holloway from the stand, Judge Roan adjourned Thursday's session.

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FRANK'S PRESENCE IN OFFICE At Time He Says He Was There IS DENIED BY GIRL ON STAND

Following the Pinkerton detective testimony the state introduced Miss Monteen Stover, who worked in the factory when Mary Phagan did. The girl was rather abashed when she first appeared, but turned out to be a witness who could relate exactly what she started out to tell and who did not seem to get confused.

"Where do you work?" asked the solicitor of the girl. "Nowhere." "Were you working on April 26?" "No." "When did you last work before the murder?" "On the Monday before the murder," she answered. "Were you in the factory on April 26?" "Yes, at 12:05." "How long did you stay there?" "Five minutes." "Why did you go there?" "To get my pay." "What part of the factory were you in?" "I was on the second floor in Mr. Frank's office." "Was Frank there, or was anybody in the building?" "Mr. Frank was not there and I saw no one in the building." "How about the door just east of the girls' dressing room, was it open or closed?" "I don't know." "How were you dressed?" "I wore a little yellow hat, a brown dress and had on tennis slippers."

Entered Building at 12:05.

"Did you look at the clock?" "Yes, the first thing I did on going in was to look at the clock and it showed that it was 12:05, and I looked at it when I went out and it showed 12:10." "Did you see a coat or hat or any part of a man's apparel in Frank's office?" "No." "Why did you leave?" "I thought that they had finished paying off." "Ever go into that office before?" "No." "May I show the witness this affidavit which she made and signed, your honor?" asked Mr. Dorsey. "He's got no right to do that," objected Mr. Rosser. "I want to refresh her memory about the dressing room door which she says was sometimes open and sometimes closed."

When the girl stated that she had signed the affidavit after it had been read to her, but had not read it herself, Judge Roan ruled that it could not be used to refresh her mind.

Mr. Dorsey then declared he wanted to look up the law on that question and turned the witness over to the defense for cross-examination.

"When did you leave home, Miss Monteen?" asked Mr. Rosser. "I don't remember." "Are there one or two offices on the second floor?" "Two." "Did you notice the safe?" "No." "Did you notice a wardrobe in which men's clothes were put?" "No."

The witness was then asked many questions about the details of the office, but could give little in reply.

Waited on Bench in Hall.

"You saw no one in the office and didn't wait, I presume?" said Mr. Rosser. "I stayed there long enough to see that no one was in and then I went out into the hall and sat on a bench near the clock for about one and a half minutes." "Did you see any one you knew on your way to or from the factory?" "No." "Who saw you when you first got home?" "My mother." "Who else?" "Mr. Mc Elreath and a Mrs. Lagerson."

Attorney Rosser questioned the witness very carefully as to the first names or addresses of these persons as though he desired to get in touch with them. She knew the first name of neither, but declared Mc Elreath was an insurance man.

"Did you go directly home from the factory?" "Yes." "Do you work in the metal department?" "No." "How often have you talked with Mr. Dorsey about this?" "Once." "Did you work on the fourth floor?" "Yes." "Who's your foreman?" "Arthur White." "Do you get paid off in the office?" "No, outside." "Does Schiff pay off?" "Sometimes he does and sometimes another man does." "Do you know anybody on the second floor?" "Yes; Mr. Darley and some of the girls who work there."

Affidavit Read by Girl.

After an argument the solicitor then won his point for the girl to read her signed affidavit. She was told to read it to herself and read slowly and with perfect composure, her lips moving as she scanned the words, like a child would do.

"Well, what about that back door now?" asked Mr. Dorsey. "Sometimes it was open and sometimes it was closed," replied the girl, sticking to her original statement on the stand. "When the factory was not running?" "Oh, the door was closed then," she said. "All the time?" asked the solicitor. "Yes."

He then made her tell that the door referred to was one leading back to the metal room and situated near the girls' dressing rooms.

Mr. Rosser then asked her if she went to the solicitor's office before or after going to the grand jury, and she said before. She was allowed to come down from the stand at 11:40, after being up for about 40 minutes.

During Miss Stover's testimony Leo Frank, the defendant, paid more attention to the examination of her than he had previously to any witness. When she was telling that she had been in the factory and found him not in his office at the very time he claims to have been there, he appeared to take a deep interest in what she said and sat staring at her and passing his hand over his chin after the manner described by Detective Scott.

PAGE 4, COLUMN 5

William Gheesling, Embalmer, Tells of Wounds on Girl's Body

William Gheesling, the undertaker who embalmed Mary Phagan's body, was next called in.

"What is your business?" queried Solicitor Dorsey. "I am an embalmer." "How long have you been in that service?" "Fifteen years, or more." "Did you see the body of Mary Phagan?" "Yes. I first saw it at 15 minutes to 4 on the morning of April 27." "Where was it?" "In the basement of the National Pencil factory." "Describe it."

How Body Was Lying.

"It was lying on the face, arms crossed, and with a piece of wrapping twine and part of her underclothing looped around the throat. I put it in a basket and brought it to the P. J. Bloomfield undertaking establishment." "Was there any impress on the throat?" "Yes. An eighth-of-an-inch impression of the cord." "What did you observe about the tongue?" "It protruded about a quarter of an inch from the mouth." "How many hours had she been dead?" "From 10 to 15 hours possibly longer." "Had rigor-mortis set in?" "Yes. It had been in effect for some time." "What was the condition of the blood?" "Very congested." "How long does it require blood to settle?" "It settles quickly sometimes, while at others it is slow." "Did you examine the finger nails?" "Yes, and found nothing but dirt." "Anything on her underclothing?" "Yes; blood." "Did you observe anything else?"

Black Spot on Eye.

"A black spot on the eye that had been inflicted before death because of its swollen condition." "Did you examine a wound in the skull?" "Yes. There was no fracture, although the scalp had been broken." "Was there any indication of the wound having been sustained before death?" "Yes. Blood that had run from the gash was matted in the hair." "Were you present when Frank came into your place that morning? Did you observe him?" "No. "What was the cause of her death?"

Attorney Rosser interposed an objection to this question, which was sustained. He took the witness.

No Blood in Hair.

"When you first saw the corpse, there wasn't any blood in the hair, was there?" he asked. "No." "What did you go by in determining the time of her death?" "Rigor-mortis." "It sets in sometimes fast, doesn't it?" "Sometimes even before death." "How do you know." "It's necessary to know the cause of death to determine." "What are these particular kind of cases with which you have had experience?" "Bob Clay, who was recently hanged, and another executed man's corpse." "It would take an expert medical man to "

The question was interrupted by the witness, who said: "No. A medical man don't necessarily know anything about embalming."

Embalming the Body.

"In case of death you embalm the body before the end of rigor-mortis, don't you, so that the rigor can be retained?" "Yes." "When the heart stops the blood stops wherever it is, doesn't it?" "No. It goes back to the heart." "Who helped you examine the body?" "Dr. Hurt." "What kind of fluid did you use?" "My private kind." "What ingredients is it composed of?" "I would rather not reveal them. It is a formula of my own, and I would rather not tell it."

His request was granted.

"Tell of the visit of 'Boots' Rogers, John Black and Frank to your place?" "They came in and I went back and pulled the sheet from the body, then I returned to the front of the shop." "How much blood was extracted from her body?" "One-half gallon." "How much does it generally require?"

Embalming Fluid Injected.

"Enough to clear the corpse's features and face." "How much fluid was injected?" "One-half gallon." "Did Dr. Hurt examine the body's finger nails?" "Yes. He removed the substance." "What happened Monday?" "Dr. Hurt held a post-mortem examination."

The solicitor began questioning at this point.

"Did the girl's body lose much blood?" "No." "Was anything torn about her corset?" "Yes. A hose supporter was ripped loose."

He was removed from the stand.

PAGE 5, COLUMN 1

BLOOD FOUND BY DR. SMITH ON CHIPS AND LEE'S SHIRT

Dr. Claude A. Smith, the medical expert who made microscopic examinations of the blood-spotted chips chiseled from the floor of the pencil factory and of the bloody shirt discovered in Newt Lee's home, was next called in.

He was asked by Solicitor Dorsey:

"What is your business?" "I am city bacteriologist and chemist."

He was handed the chips from the pencil factory flooring.

"Did you test these chips?" "Yes. Some detectives brought me these specimens and asked me to examine them. They were considerably dirty and stained. On one of them I found blood corpuscles." "Was it human blood?" "I don't know." "Did you examine the bloody shirt?"

No Appearance of Being Worn.

"Yes. I inspected the spots. In the armpits of the garment I could find no odor or evidence that it had been worn since having been laundered last. Some spots were smeared on the inside, and had not penetrated to the outside. It was not soiled around the inner part of the collar-band, and had no appearance whatever of having been worn."

Here counsel for the defense asked to have Dr. Smith's expression, "the shirt didn't smell like a nigger," ruled out. His objection was overruled.

"I know as much about 'nigger' smell as he does," was Attorney Rosser's retort.

Rosser took the witness here.

"If the shirt had had its tail crumpled up from natural position, it could have got blood on the inside, couldn't it?" "But, I don't think it was that way." "If my shirt-tail was turned up, I could get it soiled on the inside as well as outside, couldn't I?" "Possibly." "The shirt had the odor of blood on it when you first got it, didn't it?" "Yes." "Then, wouldn't the odor of blood have killed the odor of 'nigger'?" "No."

Witness and Counsel Tilt.

"Then, if a nigger had just put on his shirt and had taken it off in an instant, your nose would 'get him'?" "Have you ever smelled a negro, Mr. Rosser?" "More than you ever smelled. I was smelling them before you were born." "Doctor, you say one of the chips had blood spots on it and another had none?" "No; I could find none." "If there had been any blood, you'd have found it?" "Yes." "You couldn't tell whether the blood was fresh or old?" "No." "How long could blood corpuscles or whatever you call 'em be discernible?" "For considerable while according altogether to circumstances."

Solicitor Takes Witness.

Dorsey here began questioning.

"Explain to the jury, Dr. Smith, why the blood wasn't put on the shirt-tail, as Mr. Rosser suggests." "A spot of blood is on the garment above the waist line, which was not tucked within the trousers." "Could the spot you found on the chip have come from paint?" "No." "What was it?" "Blood."

What followed was a lengthy tilt between Dr. Smith and counsel for defense in an argument over the shirt. Following which he was called from the stand.

PAGE 5, COLUMN 2

Haslett Describes Visit To Home of Leo Frank

Detective B. B. Haslett, who went with Detective John Black on Monday morning, April 27, to Leo Frank's home to summon him to police headquarters for a statement Chief Lanford wished him to give, was next called to the stand.

"Did you go to Leo Frank's home at any time?" the solicitor asked. "Yes. At 7 o'clock Monday morning we were sent to see Frank and have him come to the detective bureau." "What did you tell him?" "That Lanford wanted to see him." "Do you know whether he was liberated or not?" "Yes." "When you got to police headquarters with Frank, who did you see?" "I went directly out of the building, returning in an hour and finding Attorneys Haas and Rosser."

Attorney Rosser began the examination.

"What time were Haas and I at police headquarters?" "About 8:30 o'clock." "Wasn't it later?" "I don't think so." "Whatever time it was, Haas also was there?" "Yes." "You told Frank at his home that you wanted him to go to the station house?" "I told him Chief Lanford wanted him to make a statement." "How long did you see Frank and me at police station?" "I don't know." "How many detectives were there?" "About a half dozen." "A half dozen standing around Frank?" "Yes. You and Frank were in their office." "You said you 'took' Frank to police station. What do you mean by 'took.'" "I said he went with us." "What do you mean by 'took.' I asked you that's what you said." "He went with us. I don't know how you call it."

He was then called from the stand.

PAGE 5, COLUMN 1

Finding of Hair and Envelope Described by Factory Machinist

R. B. Barrett, a machinist at the National Pencil factory, who declares that he found strands of hair similar to Mary Phagan's on his machine after the murder, and who also told of finding a torn piece of pay envelope in the same room and under the machine where the hair was found, followed Monteen Stover on the stand.

He was asked if he had testified before the coroner's and the grand jury, and replied that he had.

"What did you see near Mary Phagan's machine?" "A peculiar spot on the floor," he replied. "Was the spot there Friday?"

He described the spot as being four or five inches in diameter and with smaller spots back of it and leading toward the entrance to the rear.

"What hour Monday did you find these spots?" "Between 6:30 and 7 o'clock on Monday." "What was the spot?" "Blood." "What else?" "There was a white substance partially covering it." "Had you ever seen any white substance on the floor before?" "No." "What white substances were on the second floor?" "Potash and oscaline." "How did the white substance look?" "It looked like it had been applied with a heavy cane broom." "Did you ever see such a broom here?" "Yes, there was one nearby." "Did the broom show evidence of being used?" "No; no more than that it was dirty." "What was the broom kept there for?" "To sweep with in the metal department." "What was ordinarily used to sweep with?" "A finer broom."

Tells of Finding Hair.

"Did you find any hair?" "Yes, on an iron handle to my machine near there." "Anybody else see the hair?" "Yes, Mel Stanford did." "Where is the gas jet where the girls sometimes curl their hair?" "About ten feet from where I found the strands."

Barrett then located on the cross-section the spot where his machine stood, and declared that when he left there at 5:30 o'clock on the previous Friday that the hair was not on the machine. He said that he had left a piece of work in the machine, and that this was not disturbed Monday at the time he found the hair. "Were any of the girls working Saturday?" "No, the factory was closed down. About fifteen or twenty feet from Mary Phagan's machine I found a pay envelope and went and picked it up. It had a mark on it that looked as though someone had started to make the letter 'G' or 'F,' and that was all that was on it," Barrett told. "On what day did you find the envelope?" "Between April 28 and 30." "What else did you find besides the envelope?" "I found some filings." "Do you know anything about the acid room?" "I never had any experience with it." "What effect would the acid have on a pocket book or similar thing?" "I don't know." "Did you look carefully around the elevator shaft?" "Yes." "Well, when you searched previous to May 15, did you see a stick, looking like a baseball bat?" "No; I found nothing at all." "You were searching for evidence, having already been told of the murder?" asked Attorney Rosser, who here started his cross-examination.

Sure Spots Were Blood.

"Yes; I was told Mary Phagan had been murdered and that she was thought to have been killed on the second floor." "When did you get to the factory?" "About 6:30 or 7 o'clock Monday morning." "You said that the spot on the floor was blood; how do you know that it was?" "I know it was blood." "Are you a chemist?" "No, but I know blood when I see it." "Didn't you say before the coroner that the spot looked like blood?" "I don't know what I said before the coroner exactly, but I know that it was blood," replied the machinist in a positive tone. "About the hair, there were six or eight strands about a foot long, weren't there?" "Yes." "Was there no number, no amount, or other writing on the pay envelope you found?" "No; nothing but the little loop." "Was it like the pay envelopes regularly used in the factory?" "Yes."

Barrett was then allowed to leave the stand. It was 12:15.

PAGE 5, COLUMN 3

LEO FRANK INNOCENT, SAYS MRS. APPELBAUM

Acquitted in Same Courtroom, She Is Now Eager Spectator at Big Trial.

A little woman, neatly dressed and wearing a dark hat crowned with a flowing aigrette, slipped quietly into the rear of the courtroom at the afternoon session of the Frank trial yesterday afternoon, and sat down near the press table unnoticed.

Presently, a reporter looked up from his notes, caught sight of her and instantly walked to where she sat. Soon reporters swarmed around her. The press table and trial proceedings were almost deserted for the moment by the Fourth Estate.

She was Mrs. Callie Scott Appelbaum, principal figure in one of Atlanta's recent murder trials, when she was arraigned before the court on a charge of murdering her husband, Jerome Appelbaum, in the Dakota hotel.

Puts Hat on Press Table.

She looked up very much surprised as the reporters came. She smiled and removed her hat, asking if it would be allowed on the press table. "I didn't want you boys to know I was here," she said sweetly. "That's why I stole in the back way."

The newspaper men prevailed upon her to go into an ante-room where she could be interviewed. In order to keep from attracting notice, she walked into the jury room, where she requested that the interview be short very short, as she wanted to hear the trial.

The first thing she did was to deny the rumor that has been in circulation for several days to the effect that she had admitted to Detective Bob Waggoner and Attorney Bob Thompson that she shot her husband. She declared it was the first she had heard of the report. "I have nothing to confess, boys," she stated. "The story as I told it on the stand is the truth. That and nothing more. Every Sunday I go out to Mr. Appelbaum's grave and put flowers upon it. Some Sundays I have been almost too sick to arise from bed, but have always made the trip to the cemetery."

She came to the Frank trial, she said, because she sympathized with the defendant. She realized how uncomfortable he was under fire of such charges, and, having been once in a similar predicament, said she "kinder" wanted to see how it looked to the "other fellow."

Believes Frank Innocent.

"I do not believe Frank committed the crime," she told. "It doesn't look possible. It looks too much like the work of a negro. I can't conceive how a white man can do such a horrible thing. In the long run, I do not doubt that he will not be cleared. Right is right and right will conquer."

She was given a standing invitation by the reporters who are covering the trial to sit at the press table any time she wished to attend the proceedings. She thanked them graciously, saying: "I think you boys do owe me some consideration. Remember the 'copy' I once furnished you?"

She said that she had only time to hear Thursday afternoon's session, as she had to stay at work in her hairdressing parlors on Peachtree street. She stated, however, that she would try to find time to come again."

PAGE 5, COLUMN 3

MRS. ARTHUR WHITE TAKES STAND TODAY

Will Testify She Saw Negro Idling in Shadows of Stairway.

Mrs. Arthur White, wife of Arthur White, the witness who will testify that on Saturday morning when she appeared at the pencil factory to see her husband, she saw a negro idling in the shadows of the stairway on the first floor, will be the first called to the stand this morning.

A moment before adjournment yesterday afternoon she was summoned to testify, but Judge Roan ordered the session closed before she could reach the witness stand. Mrs. White, it is stated, has already declared that she is unable to identify Jim Conley as the negro she saw in the building that fatal Saturday.

PAGE 5, COLUMN 4

Sweeper Swears No Spots Were On Floor Day Before Murder

Mel Stanford, a sweeper and plater at the factory, was put on the stand at 12:20. He testified that he had worked there for about two years and was there on Friday, April 25, on the second floor. "What did you do on Friday?" asked the solicitor. "I swept up the entire floor in the metal room." "Were you there Monday, April 28?" "Yes." "See anything at water cooler near girls' dressing room?" "Yes; a spot which had a white substance over it." "Was it there Friday?" "It was not there when I swept up the floor between 9 and 12 o'clock Friday." "What sort of a broom did you use?" "A small broom." "Do you know anything about a large broom?" "Yes; there were several up there."

Stanford then went on to describe the spots in a similar manner to what Barrett had done. Court then adjourned for lunch.

Arnold Cross-Examines.

The afternoon session resumed with Stanford still on the stand. He was being examined by Attorney Reuben Arnold. "Are your duties at the pencil factory as plater or sweeper?" "It is my duty to sweep my side of the floor in the metal room." "The plant had negro sweepers employed for that work, had it not?" "Yes." "Wasn't it a negro's duty to sweep your part of the floor." "I was supposed to sweep it." "You swept the whole metal department on Friday afternoon, April 25, didn't you?" "Yes." "Did you sweep under Mary Phagan's machine?" "Yes." "Under the lathing machine?" "Yes." "What is in the metal room to the east of the lady's closet?" "A lot of storage." "What kind of storage?" "Barrels, boxes and cases." "Did you move them or sweep around them?" "I moved them, then swept."

Swept Entire Room.

"You swept over entire room?" "Yes." "Your part of the floor was wooden, only a part of it the rest was cement." "Did you sweep in vicinity of the dressing room?" "Yes." "You say you swept the entire room who told you to do it?" "Nobody." "Are you paid by the piece or by the hour?" "By the hour." "What portion of the floor would you consider it your duty to sweep?" "Part of the wood and part of the concrete in the neighborhood of the spot at which I work." "Then, the place where alleged blood spots were found was not your territory?" "Not exactly." "How long did it take you to sweep the concrete flooring?" "Less than an hour." "Were you looking for spots while sweeping?" "No." "Where else were there spots of any kind?" "In some parts of the room where paint and lacquer had been spilled." "Will you swear there were no more than six spots in the room?" "There were more than six." "You will swear that there were no spots of blood there Friday?" "I will around the dressing room." "How many girls use that dressing room?" "Three or four." "While on the other side there are twelve?" "Yes."

He was then called from the stand.

PAGE 6, COLUMN 1

With His Pretty Wife Watching, Scott Holds Own With Rosser

While Detective Harry Scott was upon the witness stand yesterday morning a pretty little woman sat on a front seat near the press table and clenched her hands in nervous anticipation and delight.

It was his wife, who two years ago came all the way from Philadelphia to marry the Pinkerton man when he was transferred to the Atlanta office. She had come down to the trial just to hear her husband's testimony and to see how he came out of the fire of Rosser's cross-examination, which had so sorely riddled John Black, Scott's detective colleague, on the preceding afternoon.

Honors were about evenly divided between Scott and Rosser during the two hours he was on the stand. All the while the little woman sat keenly expectant, her hands clenched, a constant eye on the stand. At the conclusion of his testimony she rushed through the rear door and ran to the front entrance, meeting the detective as he emerged, smiling, from the courtroom. "Oh, Harry you were grand," she exclaimed as he reached the sidewalk. "You just put it all over him."

With which she called him aside in the shadow of the building where so many weren't looking and gave him an impetuous kiss, partly as a goodbye but mostly in congratulation. Then she caught a car for home, telling reporters that she had come to the trial only to hear the testimony of her husband. "How can a person help giving good testimony with a wife like her looking on?" asked Scott, as he disappeared into the witness room.