Sunday, 10th August 1913 Defense Will Renew Attack Upon Dr. Harris Testimony

Atlanta Constitution
August 10th, 1913

That the defense in the trial of Leo M. Frank, charged with the murder of Mary Phagan, will continue its attack upon the testimony of Dr. H. F. Harris, who made a postmortem examination of the body and declared the girl must have died at about 12:10 in the afternoon, was the information secured Saturday.

Dr. Willie Westmoreland, Dr. J. N. Ellis and Dr. T. H. Hancok are expected to be the physicians placed upon the stand to refute this declaration made by Dr. Harris. The defense has already made an attack upon the state's claim that Mary Phagan was already dead at 12:10 o'clock when Monteen Stover says she entered Frank's office and did not find him there and through the statements of two street car men they sought to show that the girl never left the street car until that minute and must have reached the factory after Miss Stover had come and gone.

Dr. Harris based his statement about the time of death upon the condition of the contents of the girl's stomach, declaring that the amount of digestion that had taken place in the cabbage there showed that she must have met death within something like 45 minutes from eating the cabbage. Her mother swore that she took this meal at 11:30 or just a few minutes earlier.

Neither side would make any statement last night. Both indicate that they were well pleased with the day in which things are going, but lawyers on both sides declined to make any statement in regard to the future course of action.

That the defense will take the greater part, or all, of this week for the presentation of their side, and even longer should they place Frank's character on record, has already been known for several days and from present indications the arguments of counsel will begin a week from tomorrow.

When court convenes Monday morning H. G. Schiff, one of Frank's assistants in the factory, will again go on the stand for further cross-examination by the state. Solicitor Hugh M. Dorsey had started upon this when court adjourned Saturday.

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