Monday, the 18th August 1913, Leo Frank Takes Stand – Tells His Story, The Atlanta Journal

Reading Time: 30 minutes [5060 words]

Defendant LEO M. FRANK ON WITNESS STAND FACING THE JURY, FRANK ASSERTS HIS INNOCENCE OF MARY PHAGAN'S DEATH

All Other Testimony of the Defense Had Been Practically Completed When Court Reconvened Monday Afternoon, August 18, 1913, and the Stage Was Set for the

Accused Superintendent to Tell Where He Was and What He Did on Day of Tragedy.

MAYFIELD GIRL REPUDIATES TESTIMONY GIVEN ABOUT FRANK LOOKING INTO [THE] DRESSING ROOM

Solicitor Dorsey by Questions Suggests That He Will Try to Prove That Frank Went to Hapeville With a Young Girl One Week Before Murder - Many Girls Employed at the Pencil

Factory Testify to Frank's Good Character.

Leo M. Frank, superintendent of the National Pencil factory, accused of the murder of Little Mary Phagan on April 26, 1913, Frank mesmerized the witness stand in his own behalf at 2:06 o'clock Monday afternoon. When court reconvened after the recess for lunch, all other defense testimony had practically been completed, and the stage was set for Frank to face the jury and tell his own story of where he was and what he did on the day of the tragedy. Talking in a fight, . . that . so all parts of the ., Frank asserted he .of the crime with which he is charged and discussed the story told by Jim Conley, the negro , as a lapse of infamous lies.

Frank was rather pale on the stand, and was calm. He sat with his hands clasped and later put them on his knees.

A murmur ran through the audience when Frank say down in the witness chair.

"Such yappers as you want at any time during your statement,' said Mr. Arnold, will be found right here on the table.' You can come down and get them."

Judge Roan read the law regarding the testimony of a defendant in a murder case.

"The jury may believe it in preference to sworn testimony," said the judge, "or can dismiss it as they say it!"

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FIGHT OF HIS LIFE

"I was born in Cuero, Tex.," began Frank. "Three months later, my parents moved to New York and took me with them. That remained my residence until I moved to the south."

"I attended the public schools in Brooklyn and prepared there for college. In the fall of 1902 I entered Cornell university. I took a course in mechanical engineering. I remained there until the fall of 1906, when I graduated. I then accepted a position with the B. F. Sturdivant company, of Hicoff, Mass."

The morning session was taken up by character witnesses who testified to the good character of he defends and by the introduction by the defense of documentary evidence. Among the documentary evidence admitted, evidence was the model of the pencil factory, the cabbage brought into court by Dr. T. H. Hancock, Conley's four affidavits, the financial sheets said to have been made out by Frank and Frank's letter to his uncle when it was written on April 26.

Miss Emily Mayfield, one of the employees at the pencil factory, and the one mentioned in the testimony by Miss Irene Jackson, took the stand Monday and emphatically denied Miss Jackson's story that Frank came to the girls' dressing rooms at the factory while she was is one of them. She further stated that she never heard of Frank looking in the dressing room, while other girls were occupying them.

Mrs. J. G. Wardlow, nee Miss Luis McDonnell, a former employee at the factory, denied questions asked her by solicitor Dorsey as to whether she had heard that Frank and a little girl were on the Hapeville car on the Saturday prior to the murder of Mary Phagan and that Frank tried to persuade the girl to leave the car with him at several points on the trip. When the solicitor announced his intentions of asking these questions, Mrs. Rae Frank, mother of the accused, left the court room.

Twenty-four factory girls took the witness chair Monday and told the jury of their belief in their superintendent's good character. One of them, Mrs. Mattie Thompson declared that she knew that the girls frequently flirted through the windows of the dressing rooms at the factory with boys on the outside and had made a complaint to Frank and Darley.

Another witness, Mrs. M. B. Fleming, admitted under the cross examination by the solicitor that she knew Frank worked on the financial sheet on Saturday mornings while she was in his employ as his stenographer from April to December, 1911.

That the defense of Leo M. Frank would close tis case Monday was indicated before the court convened Monday morning by statements of attorneys for the accused man.

The rebuttal evidence by the state will begin immediately after Frank includes his statement to the jury. The defense will have its turn again with rebuttal. And after that, perhaps by Wednesday its turn again with rebuttal. And after that, perhaps by Wednesday or Thursday, the lawyers for both sides will begin their arguments.

BRANCH RESUMES TESTIMONY.

The first witness was Harlee Branch, reporter of The Journal, who was recalled to the stand to finish his testimony suspended its adjournment Saturday. He was examined first by Solicitor Dorsey.

"Now, Mr. Branch, you were saying when court adjourned Saturday that you were in the factory from about 12:16 or 13:30 to 1 o'clock. How much of the time did Conley spend in talking while he was acting his story?"

"Just as a pure estimate, I should say he spent about fifteen minutes."

"Didn't you say the other day that he spent about half his time talking?"

"No, I don't think I did."

The witness was examined by Attorney Arnold for the defense.

"What time did Conley begin?"

"It must have been about 12:15 or 12:16."

"Didn't you say that he went through his very rapidly?"

Solicitor Dorsey objected. The question was charged.

"With what good only Monday or the .."

"He went through it rapidly, sometimes on a trot."

"You say he did some bathing. Was that while he was acting, or did he stop to do his talking?"

"A few times he stopped to explain and he was talking most all of the time during the performances."

"How much time did you say he while he was talking?"

"About 15 minutes."

"It was 1 o'clock when I called the office, and I left as soon as the . course to relieve . . was . 5 or 10 minutes later."

"Then you were there about 10 minutes?"

CONLEY WHO

"What was Conley .. left the factory?"

"He had just finished . . . ineligible"

"Did he write your . ineligible"

"No, I saw him write. ineligible"

"How long was he writing ineligible"

"He wrote it right off a few lines, so I should

a few lines, so I should . him about two minutes."

"How long Mr. Conley .. ."

"He strapped right in .. in a "

LEO FRANK READY TO TELL HIS STORY

"ineligible set"

"ineligible a minute!"

"Yes, ineligible time."

".in"

INSIDE WITH PAPER

"Defuse. ..?"

Attorney Arnold asked the witness this question.

"Was this negro taken to the . after he left the stand here . ."

Yes

And he read a paper.

I saw him a paper.

The a paper.

"I saw him. . A paper."

The . was an .

"I saw him . . on a paper."

The witness .

Law . . . A ,,, plot . . That

"Where I saw him he . . the paper and . .. ..he was . at first he was . At the .. then he seemed to reading it."

. TESTIFIES

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Under

The she led that she judged his character from personal .said she had never heard any charges against him she also said . .. to .. solicitor that while she was in the factory she . .complaints about girls flirting from the windows and did not write . Factory at .on .

The or what . Frank usually did on Saturday mornings. The . . a number of things among them. on the financial sheet.

WORKED SATURDAY MORNINGS

"You are certain," asked the solicitor quietly, "that he worked on the financial sheet in the mornings?"

"Yes."

"You are
positive?"

"Yes."

"Come down," said the solicitor.

Attorney Arnold detained the witness. "You didn't mean to put the financial sheet among these things you enumerated, did you?"

"I didn't say the financial sheet," said the witness.

"Come down," said Mr. Arnold that the soliciting, detained him.

"You may know that you did not say that Frank kept the financial sheet in the mornings ."

"I don't think I did," said the witness.

"At the request of the solicitor, the court stenographer read the questions and answers."

"I think I saw him do a little work on the financial sheet admitted the witness."

"Well why were you so positive, and why did you answer to the question that you were certain and when I asked again said that you were positive".

"Well I've seen him do a little work on it," said the witness.

"Come down," said the solicitor.

Before the trial had commenced Monday morning, Miss Fleming had received permission of the deputies and had and greeted the defendant.

was the next witness on the stand. He is superintendent of the lead plant at the National Pencil Factory.

He testified that he was accustomed to times the factory . Saturday afternoon between July, 1913, and May 1913. The time of the .was about 1 o'clock in the afternoon, be he said that Frank the .., and Schiff were there nearly always although sometimes the office boy might have been . He never saw any women in the office, saidHe frequently waw Holloway, the day .about the factory. He was without being cross-examined.

MRS. THOMPSON CALLED.

Miss Mattie-Thompson would work on the fourth floor of the pencil factory, was called in .to a question as to whether Frank's character is good or bad, she said, "I never heard a word against him in my life."

She was used by the defense to prove that complaint had been made to Darley of Frank that the girls were flirting through dressing windows. She testified that a year ago . Complained of it to the . of her department, who in turn told Darley.

". His . that girls missed .after 7 o'clock in the morning, and not in the dressing asked Attorney Arnold."

"Yes sir."

Solicitor Dorsey questioned the witness.

"Who was talking to you about what you are going to . here?" he asked.

"I don't know. She said that she couldn't remember names Solicitor Dorsey admonished her to think. After a moment, she said Mr. Haas had talked to her Monday morning. "He asked me if I knew about the girl flirting there?"

"Do you mean to intimate that there are fan girls there?" asked the solicitor.

LIKE ANY PIFFLY GIRLS

"Oh no, they were just like any other ... girls. They wanted to wave at every boy in sight."

"Did they girt with men inside the ?"

"Not that I ever saw."

"Answering other questions by the .she said she had talked it over with Mrs. Carson at the factory, and they had decided to report their complaint. One could not name any of the who she said flirted, declaring that had forgotten them. She could not who told her about the flirting. She said she never saw any, but had been told about it."

The brought out the fact that girls who worked there on pieceor by the hour .. changed clothes at all hours of the day in the dressing room.

. ever hear of Frank taking a girl . a dark and putting him around her."

Never in my life.

The witness was used.

CHARACTER WITNESSES

The following employee of the pencil factory testified to Frank's good character. Miss Annie Howard, Miss . .. Goodman, Miss Dora Cowan, Miss M. D. Smith, Miss Irene Carson, Miss Word, Miss Ida Holmes, Miss Willie Hatchett, Miss Mary .and Mrs. ..

Miss Jasmine Mayfield was called as a character witness but failed to qualify.

The following other character witnesses testified for Frank all are employees of the Pencil Factory Miss Georgia Denham, Miss Rosale White, Mrs. Zilla Spivey, Miss Minnie Smith, Miss Grace Atherton, Mrs. Margaret McCord.

Mrs. Lissin Haines, who worked at the factory only a short time. Miss and Miss Velvey Holland declared that they did not know Frank's character well enough to testify.

Several of the preceding were cross questioned, but nothing additional brought out.

SHIPPING CLERK TESTIFIES.

R. P. Butler, a shipping clerk at the factory was the next witness. He declared that the ..leading into the . are feet wide. He said there are glasses in these doors measuring by inches. He testified that he had known Frank's general character for several years and that it is good.

Solicitor Dorsey cross-examined the witness Butler declared that he the doors of the metal room Monday morning. The solicitor asked the passageway landing back to the metal room is not very narrow. The witness answered that it is not being .10 feet wide, except for a distance of about 14 feet where there are and in that distance it is only 6 feet wide. Asked if the passage way to very dark the witness said no, he would not consider it dark.

NOT A WITNESS.

Deputy Sheriff Minor addressed the admonishing say other witnesses among them to get out, that they were in contempt of court if they sought to remain. There was no other in the room, however.

The solicitor continued his cross-examination of the shipping clerk.

"When the doors of the metal room closed, you can see a person through them if he is standing up, can't you?"

"If he is just the least bit as one side of the glass, you can't see him then, can you?"

"I wouldn't say the least but, but one can get out of the line of vision."

Solicitor Dorsey brought out the fact that the witness had been re-employed at the pencil factory in May and had remained there since.

Rabbi David Marx was recruited to the stand by Attorney Arnold. Before questioning the rabbi. Mr. Arnold consulted with Solicitor Dorsey and said that he wanted him to tell the jury the functions and aims of the B'nai B'rith. He said that if Mr. Dorsey had any objection he would ask that he jury .. . Out of the room while the question was argued.

Solicitor Dorsey told the defense attorneys not to send the jury out, that if there was argument upon the question it could be spoken before them.

Attorney Arnold then put the question to the making him to explain the activities and of B'nai B'rith.

Solicitor Dorsey interposed an objection before the rabbi could answer addressing the court the solicitor said. "Your honor we haven't attacked the B'nai B'rith and anything pertain to it is entirely irrelevant. It is already in the records as a charitable organization."

Attorney Arnold argued for admission of the evidence. "My friend Dorsey in cross-examining certain witnesses went into the question of the B'nai B'rith. It only came out in a general way."

Judge Roan ruled that the evidence was not admissible.

Attorney Arnold addressed the court. "I want toto state, but not in the presence of the jury, what we seek to prove." Solicitor Dorsey said, "Step over and dictate it to the stenographer. I've got no objection to that."

Attorney Rosser in an undertone that could not be heard by anybody but the stenographer, dictated for two or three minutes to the stenographer. Rabbi Marx left the stand, and Mrs. R. A. Wilson, an employee of the pencil factory for four years was called.

MORE CHARACTER EVIDENCE.

Mrs. Wilson testified that Frank's character is good as far as she knows in answer to a question by Attorney Hooper, on cross examination, she said that she never had heard anything against Frank.

Miss Lena McMurty, a telephone operator who worked in the pencil factory six or seven weeks, about the time of the murder, was called, and asked as to whether or not she knew the character of Frank. She replied that she knew him only by sight, and was secured without further questioning.

Mrs. Mary and Mrs. W. .. Johnson justified as to the good character of Frank. Mrs. ..worked there six months, four years ago, and saw Frank twice then. She started working again in the
factory in June 1914, after the murder.

Charley Lee a machinist at the factory, was recalled in the stand as a character witness and testified in behalf of Frank. He was cross questioned vigorously by Solicitor Dorsey on his previous testimony about other things.

"On the stand the other day didn't you testify that you signed a paper stating that you witnessed the accident to Duff?"

"Yes."

Solicitor Dorsey produced a paper which Attorney Haas had handed to him. He showed the paper to the witness.

"Your signature's not on that, "

Lee replied, "No, sir, I never told you I'd signed the paper."

"Didn't you tell me the other day, and again just a moment ago, that you had signed the statement?"

"No, sir, I said I had made a written statement."

"Was it in your handwriting?"

"No, sir, I think it was typewritten."

SIGNED STATEMENT.

The witness then said that about a year ago, at the time Duffy was hurt, he told a man whose name he did not know, the details of the accident suffered by Duffy. This man went into the office and wrote it down on a typewriter, said he, and called him in to approve it when it was finished. The witness testified that he saw the statement two months ago when Herbert Schiff called him into the office and Schiff called him into the office and asked him if he remembered making the statement.

"Did you see your signature on that?" asked the solicitor.

"No, sir."

"Did you notice whether or not it was typewritten?"

"No, sir."

"What did you put in your statement?"

"I told all about it."

"Where did you say that Duffy was hurt?"

"On the forefinger of the right hand."

"What was Duffy doing when he was hurt?"

"He wasn't doing anything. He was standing by the machine."

"Then Duffy wasn't putting a roll of .on the machine when he was hurt, was he?"

"No, sir, I had just put that on."

Lee then told about Duffy being taken to the front office, and from there to the Atlanta hospital for treatment.

"What dates was this?"

"November 4, I think."

The witness was excused and a recess of about five minutes was taken.

Mrs. J. O. Wardlaw was the next witness. She was married three weeks ago. Her name previous to her marriage, she said, was Miss Luis McDonnell. She testified that she worked at the factory four years and that she quit there about a month ago. She testified that she knew Frank's character to be good.

Solicitor Dorsey stated that he was going to ask the witness a question to which the defense already had, objected, and he suggested that the jury be excused while the point was argued and the question was asked.

FRANK'S MOTHER LEAVES.

Mrs. Rae Frank, the mother of the defendant, put her hands over her ears and then as the jury went out she also left the court room.

The question asked by the solicitor was whether or not the witness ever had heard of Frank going to Hapeville with a little girl on the Saturday afternoon before Mary Phagan was killed, and whether or not Hermes Stanton and H.M. Baker were the motorman and the conductor on that car.

To this question the witness replied in the negative.

The solicitor then asked whether or not she heard that Frank put his arm around the girl and tried at several stations to get off the car and go with him to the woods.

To this question also the witness recalled in the negative, somewhat emphatically.

Attorneys for the defense did not push their objection to these questions, and accordingly the jury was recalled and the questions were asked again in its presence, the witness again replying twice in the negative.

The following witnesses then were called and testified to Frank's good character. Sig Montag, Frank Ziganke, an employee of the pencil company: N. V. Darley, manager of the factory; E. F. Holloway watchman.

DENIES FRANK'S "PEEKING."

Miss Emily Mayfield, one of the girls who was in the dressing room when Frank came and looked in (according to the testimony of Miss Irene Jackson, Saturday) was called. In response to questions by Attorney Arnold she denied that Frank ever had come to the dressing room while she was there, dressed or undressed, and denied that she ever had heard of him going to the dressing room while any other girls were there.

Solicitor Dorsey questioned Miss Mayfield closely in an effort to shake her denial, but did not succeed.

DOCUMENTARY EVIDENCE.

Mr. Arnold commenced introducing the documentary evidence tended by the defense. He explained to the court that model of the pencil factory had been marred by a slight disturbance between two gentlemen." The statement waived objection, and the model went in.

Mr. Arnold then put in evidence, without objection, the financial sheets of the pencil factory from July 1, 1912, through the week ending April 24, 1913.

Mr. Arnold introduced a letter from Leo Frank to Moses Frank, his uncle, at the McAlpin hotel, New York. "We have no objection now to this," said the solicitor.

Without comment from the solicitor, the defense entered the following documentary evidence: The from which the financial sheet for April 24 was compiled, as identified by Herbert Schiff; record of orders for week ending April 24; requisition bearing date of April 24, 1913.

Mr. Arnold introduced a letter from Le Frank to Moses Frank, his uncle, at the McAlpin hotel, New York. "We have no objection now to this," said the solicitor.

Without comment from the solicitor, the defense entered the following documentary evidence: The data from which the financial sheet for April 24 was compiled, as identified by Herbert Schiff; record of orders for week ending April 24; requisition bearing date of April 24; ten orders bearing date of April 24. Identified by Miss Hattie Hall, stenographer

of Montag Brothers" carbon copies of ten letters written by Miss Hall at Frank's dictation. April 30, identified by Miss Hall; packing reports for week ending April 24, page 106 of cash book, bearing dates April 11 to April 26; specimens of cabbage introduced by Dr. T. H. Hancock; four signed statements by James Conley, dated Mary 19, 24, 26 and 28, and records of three convictions of the witness C. B. Dalton.

An indictment against C. B. Dalton by the grand jury of Walton county, charging violation of the prohibition law, was ruled out upon objection by the state.

SCOTT'S STATEMENT.

Solicitor Dorsey waived identification by Stenographer .of the records of the coroner's inquest. Attorney Rosser introduced that part of the record of testimony given Harry Scott, Pinkerton detectives, Mr. Rosser said, that Scott's testimony was introduced to show two things: first, that Scott did not say that according to Gantt Frank was familiar with Mary Phagan, and second that Scott swore at the inquest that Frank told him that when Mary Phagan asked if the metal had come he replied "No". In his statements on the witness stand in court. Scott said Frank told him his answer was "I don't know". Mr. Rosser introduced also Scott's report to his agency, bearing date of April 22, in which Scott said thtat Frank told him that he, Frank, said "No," when Mary asked if the metal had come.

Attorney Rosser read another portion of Detective Scott's testimony at the coroner's inquest, in which Scott testified that he had heard no part of the conversation of the meeting between Frank and Lee at the police station a few days after the murder. This went in without objection.

SCENARIO INTRODUCED.

The defense then introduced the scenario of the movements of Dr. Owen and his sides and re-enacting the story told by Conley.

Attorney Arnold announced that the defense wanted to introduce some other papers and documents by which Conley was released from the tower Solicitor Dorsey had agreed to turn the papers over to him, he said. The solicitor assured the defense that he had the reply by Attorney Rosser, for Frank, and the reply of Jim Conley, but not Jim Conley's original petition. "I will object t
o their introduction, however," said the solicitor. He declared the papers to be immaterial and would merely incumber the record. Judge Roan after short argument by Attorney Arnold held that the papers would be admissible.

Attorney Rosser than read a portion of Call Officer Anderson's testimony before the coroner's jury. It related to the story told to Anderon by Lee about the first discovery of the body. Solicitor Dorsey asked Attorney Rosser if it was for the purpose of impeaching Anderson. "I take it for granted that he had just forgotten," said Mr. Rosser. This was admitted.

Attorney Rosser read the inquest testimony by Newt Lee to the effect that Frank took longer to put the tape in the time clock the second time than it did the first. This testimony record was admitted.

A diagram showing the location of the Selig home and the streets near it, was offered and admitted.

BLUE PRINTS ACCEPTED.

Attorney Arnold addressed the court. "We want now to introduce the check book of Leo M. Frank from September , 1912, up to and including the time of his arrest. We expect to follow it with his bank . book," he said.

Solicitor Dorsey subjected to their introduction of the ground that they proved nothing. Attorney Rosser said "I understand you called on us for ". Solicitor Dorsey replied that he had no realization of it if he did, Attorney Arnold addressed the court.

"One of our objects in introducing these books in to show that Frank had only at the time of his . This negro Conley said Frank gave him . And took it we want to disprove that."

Solicitor Dorsey objected, and the defense announced that Monday afternoon they would have the check and books identified and would make further effort to introduce them.

Attorney Arnold then said that the lathe machine on which the hair is supposed to have come from Mary Phagan's head was found, would be brought to the court room and offered as evidence; as well as board taken from the floor of the metal room.

Court then adjourned until o'clock.

The stage was set for Frank to go on the stand Monday afternoon.

Attorneys for the defense stated that they believed Frank would take the

stand within less than fifteen minutes after court resume.

THEY ARE WITNESS FOR LEO M. FRANK

from left to right, Miss Marjorie ., Mrs. W. S. Johnson and Miss Opie Dickson, who here been .

DIES DREAMING OF LITTLE PHAGAN GIRL

Mary Phagan's Grandmother

Dies at Family Residence

After Dream of Mary

Just a few hours after she had dreamed that little Mary Phagan was alive and is the . with Mrs. A. , the grandmother of the murdered girl, as 9:40 o'clock .. night of old age .. aggravated by . . Mary's fate.

Saturday, ..stressed that Mary was alive and and of her bedside. It may have the illusion of delirious .the collapse of her faculties at any rate. When she waked Sunday morning, she told her daughter, Mrs. J. W. Coleman, mother of the murdered child, that Mary had been with her in her dreams. She described roughly how Mary looked, and seemed ever her dream.

"My mother's eyes were bright when she told me all this, and I thought she was bitter," said Mrs. Coleman. "Later I learned the real cause of their brightness. My mother's one hope and prayer was that she might live until the end of the trial now going on."

Mrs. Benton had been grieving profoundly ever since the first shoots of Mary Phagan's murder frustrated her last April. She was then unable to ascend her grand daughter's funeral. But she rallied gradually, and was strong enough to the opening of the trial. The first two days of the ordeal were too much for her, however, and she was forced to go to bed. From then until the end she did not arise again.

Mrs. Benton was 78 years old. She died at the home of Mrs. Coleman, 704 Ashby street, Atlanta. She had been living with her older daughter, Mrs. J. F. Barmore, in Marietta, but came to Atlanta to .the trial. Besides those two daughters, she is survived by four sons, Mr. Jack Benton, of Riverside, and .Hardy, Thomas, and Durrell Benton, of Atlanta. All of her children were at her bedside when death came, and she was able to recognize them until her eyes closed.

Mrs. Benton will be buried in the old family cemetery in churchyard, near Marietta.

The body was taken to Bloomfield's chapel and will be sent to Marietta Monday afternoon about 9 o'clock. The funeral services will be held at church, near Marietta and the interment will follow in the church yard.

Attache at Frank

Trial Shocked by

Wire Near Court

A of excitement was caused just outside of the doors of the Frank trial, Monday forenoon, when John Cox attached to the office of R. R. Arnold, defending Frank, was shocked by a live wire only partially insulated.

Cox noticed a pile of old tops soaked with elevator grease, smoldering in the corner of the elevator shaft. Fearing a fire that might destroy the house, he strove to cut the wire, and was badly shocked. He recovered infinitesimally at once however to clear away the old rope and remove the immediate danger of a curious fire.