Author: Historical Librarian

Visible Translated Text Is As Follows: turned around and went on up the ladder, and I noticed her hat and allipper and piece of ribbon and I said, "Mr. Frank, what am I going to do with these things?" and he said, "Just leave them right there," and I taken the things and pitched them over in front of the boiler, and after Mr. Frank had left I goes on over to the elevator and he said, "Come on up and I will catch you on the first floor," and I got on the elevator and started it on to

Visible Translated Text Is As Follows: on the table to get a box of cigarettes and a box of matches,and he takes a cigarette and a match and hands me the box ofcigarettes and I lit one and went to smoking and I handed himback the box of cigarettes, and he put it back in his pocket andthen he took them out again and said, "You can have these", andI put them in my pocket, and then he said, "Can you write," andI said, "Yes, sir, a little bit," and he taken his pencil tofix up some notes. I was

Visible Translated Text Is As Follows: and burn that myself." He looked at me then kind of frightened and he said "Let me see that money" and he took the money back and put 1 t back in his pocket, and I said "Is this the way you do things?" and he said, "You keep your mouth shut, that is all right." And Mr. Frank turned around in his chair and looked at the money and he looked back at me and folded his hands and looked up and said "Why should I hang, I have wealthy people in Brooklyn,"

Visible Translated Text Is As Follows: the fellow that was with me, "I am going back to Peters Street,"and a Jew across the street that I owed a dime to called me andasked me about it, and I paid him a dime. Then I went onover to Peters Street and stayed there awhile. Then I went homeand I taken fifteen cents out of my pocket and gave a littlegirl a nickel to go and get some sausage and then I gave her adime to go and get some wood, and she stayed so long that whenshe come back I said,

Visible Translated Text Is As Follows: giving day. I know the man's name was Mr. Dalton. When I saw Mr. Frank coming towards the factory Saturday morning he had on his raincoat and his usual suit of clothes and an umbrella. Up to Christmas I used to run the elevator, then they put me on the fourth floor to clean up. I cleaned up twice a week on the first floor under Mr. Holloway's directions. The lady I saw in Mr. Frank's office Thanksgiving Day was a tall built lady, heavy weight, she was nice looking, she had on a

Visible Translated Text Is As Follows: I don't know about spelling "mother." I can spell "papa", I spell it p-a-p-a. I can't spell "rather" or "jury" or "judge" or "stockings." I never did go to school further than the first grade, I went to school about a year. I can spell "day", but not "daylight", I can spell "beer" but not "whiskey", I couldn't read the name "whiskey." No, I can't read any letter on that picture there (Exhibit A--State). I can't figure except with my fingers. I know the figures as far as eight, as far as twelve. I

Visible Translated Text Is As Follows: 96what they were drawing. I wasn't drawing but $6.05. Snowballwas drawing $6.05. As to who it was I didn't want to see whatI was drawing, there was one named Walter Pride; he's beenthere five years. He said he drew $12.00 a week. Then there wasJoe Pride. He told me he drew $8.40 a week. They were down inthe basement and asked me how much I was drawing. I told themit wasn't none of their business. Then there was a fellownamed Fred. I don't know how much he drew. The next one wasthe fireman. I

Visible Translated Text Is As Follows: sometimes that way and sometimes the other way. I would say,"I owe you fifteen cents, I buy three beers, and you owe mefifteen cents, and that be three beers." I say if I would be inthe beer saloon when they come in there, I would do that, but ifI could get out before they saw me, I would be gone. I neverdid know what time the watchman come there on Saturday, or anySaturday. I never have seen the nightwatchman in the factory.I have seen young Mr. Kendrick come and get his money. Healways comes

Visible Translated Text Is As Follows: Frank would come and tell me I didn't take out that money for the time you lost this week. I don't know on what date he ever did that on. Yes, I always got my money in envelopes. As to how they would know how much to put in the envelope, when I didn't punch, they would come and ask if I was here every time I didn't ring in, and they would ask Mr. Holloway if I was here. If the clock didn't show any punch, they would ask me if I was

Visible Translated Text Is As Follows: about half past four. He gave me a quarter and I left and thenhe left. The next Saturday I watched for him near the samething. It was about the last of July or the first of August.The next Saturday I watched for him about twelve o'clock he said"You know what you done for me last Saturday, I want to putyou wise for this Saturday." I said, "All right, what time?"He said, "Oh, about half past." After Mr. Holloway left, Mi ssDaisy Hopkins come on in into the office, Mr. Frank come outof the office,

Visible Translated Text Is As Follows: thing to Mr. Herbert or Mr. Darley about what's going on around here."" Next time I watched for him was on Thanksgiving Day. I met Mr. Frank that morning about eight o'clock. He said "A lady will be in here in a little while, me and her are going to chat, I don't want you to do no work, I just want you to watch." In about half an hour the lady come. I didn't know that lady, she didn't work at the factory. I think I saw her in the factory two or

Visible Translated Text Is As Follows: 101about the middle of January--somewhere about the first or middle. It was right after New Year, one or two, three or four days after. It was on a Saturday. He said a young man and two ladies would be coming. That was that Saturday morning at half past seven. I was standing by the side of Gordon Bailey when he come and told me, and he said, I could make a piece of money off that man. Yes, Snowball could hear what he said. The man and ladies came about half past two or

Visible Translated Text Is As Follows: drew my money Thanksgiving Day or not, I don't know how muchI drew. I don't remember what time I got down or what time Ileft. I don't know when I got to the factory the day beforeThanksgiving, or how long I worked there. I don't rememberhow many hours I worked the first Saturday I watched for himor the second, or the third, or Thanksgiving Day. No, I don'tknow how much I drew on those days. The first time I was inprison was in September. The next time was sometime beforeChristmas, I can't remember the

Visible Translated Text Is As Follows: niggers in all working in the factory. Snowball, the fireman and me did just plain manual labor, the rest of the negroes had better jobs. Snowball, the fireman and I were the last negroes to get jobs there. We were the new darkies; the others had been working before we went there. Mr. Frank used to laugh and jolly with me. I couldn't tell you the first time he did this. Mr. Darley has seen him jollying me. They would jolly me together. They would play and go on around there with me. It

Visible Translated Text Is As Follows: be about twenty-three. I know she was there, in June, because she gave me a note to take down to Mr. Schiff and I remember that because the note had June on it. Mr. Schiff took it and had "June" on it when he read it. He read that note and he read "June" something," it was on the outside of the note. It was on the back of the note. "June" was written on the back of that note. She wrote the note and folded it up and he read "June" on the

Visible Translated Text Is As Follows: I don't know anything about the plating room. I never have been in Mr. Quinn's office. I have put disinfectants in the ladies and gentlemen closets back there. I wouldn't go inside. I would only go to the door. I stood outside of the door and sprinkled it in them in a little way. Outside of that, and going to Mr. Quinn's office, I have never been on the left hand side of the factory. I have been there where they wash the lead at, and I have stuck bills in Mr. Quinn's office.

Visible Translated Text Is As Follows: dollar for the watchman and stuck an extra dollar in my envelo/eand that made $3.75. I don't remember how many beers I drankthat day. Yes, I told Mr. Scott I got up at 9 o'clock thatmorning. That wasn't true. I ate breakfast about seven. Yes,I told Mr. Black I ate at 9:30. That wasn't true. I left myhouse between 7 and 7:30. I told Mr. Scott I left somewherebetween 10 and 10:30. No, that wasn't true. I got to PetersStreet about 25 minutes to 8. I don't know how long I stayedthere. Some things

Visible Translated Text Is As Follows: 107I told them after I went home at 2:30, I went to Joe Carr'ssaloon and got 15¢ worth of beer. I don't remember tellingthem that I went there between three and four o'clock. Thedetectives talked to me nearly every day after I made my firststatement. Sometimes hours at a time. No, theydidn't cuss me. Yes. I sent for Black on May 24th. When thestatement came out in the papers that's the time I sent for him.As to how I knew it came out in the papers, I heard the boysacross the street hollering extra

Visible Translated Text Is As Follows: didn't want them to know that I had written any notes for Mr.Frank. Yes, in that statement I told the officers I was goingto tell the whole truth. I told them that I got up at nine o'clockbecause there was nothing doing at the factory that day at thetime I said I was there at nine o'clock, because he had donetold me where to meet him at. Yes, I told them that I wasgoing to tell the whole truth. Yes, the reason I told them Ileft home at 9 or 9:30, because there was

Visible Translated Text Is As Follows: out of jail. I don't know who the detective was I told aboutmy not leaving home at 9 o'clock. Four of them were talkingto me, all at the same time. I think one was Starnes and Camp-bell that I told that to, about changing the time. I don'tremember whether I told them that then that I was going to tell thewhole truth. I told them that after I got out of jail, afterI got back to headquarters. If you tell a story you know you'vegot to change it. A lie won't work, and you

Visible Translated Text Is As Follows: the corner of Nelson and Forsyth Street before I went to the factory. Yes, I told them I went from Peters Street and met him at the corner of Nelson and Forsyth before I went to the factory. As to why I told them that story, because I did meet him there. No, I didn't go straight from Peters Street to the factory. I met him at the corner of Nelson and Forsyth as I told them. I went straight from Peters street to the pencil factory. I don't remember when the first time

Visible Translated Text Is As Follows: 111Mr. Frank stomping his foot. I don't know whether I told them at the time I told about helping move the body. I told it to Mr. Scott, Mr. Black, Mr. Campbell, Mr. Starnes and Mr. Dorsey. Mr. Starnes and Mr. Campbell wasn't in there sometimes when I told it. No, I didn't tell it to Mr. Scott and Mr. Black. They dropped the case and Mr. Starnes and Mr. Campbell taken it up. They come down and was talking to me for a month or more in my cell. Yes, I told Mr.

Visible Translated Text Is As Follows: 118four or five minutes. After Mr. Holloway left, I told them Mr. Quinn came in. I may have told them that a lady dressed in green was the next one. That was a mistake. A lady in green did go up before Mr. Darley came down. She came down before Holloway and Darley left. If I told the officers that she went up after they left, I made a mistake. Mr. Quinn was the next man that went up after Mr. Holloway came down. Yes, I told that yesterday. Yes, I said yesterday Mr.

Visible Translated Text Is As Follows: that done the murder. I told them that I saw those four men go up because I didn't think they saw me sitting there, and I didn't tell of seeing the other people for fear they would report on me. The reason why I told the police about those four going up there, because that was all I could remember that went up and down. I don't know when my memory got fresher about other people going up and down. I think it was after I got out of jail. I think I corrected

Visible Translated Text Is As Follows: time. It was somewhere after dinner. I can't give you any estimate. It was later than 12 o'clock. It went one o'clock, because it was four minutes to one when I came downstairs and unlocked the door. Yes, I heard the stamping before I locked the door, and I heard the scream before I heard the stamping. After he stamped for me I went and locked the door. I couldn't tell to save my life how long the door stayed locked. I was upstairs between the time I locked the door and the time

Visible Translated Text Is As Follows: at the corner of Nelson and Forsyth Street. Before we went to Montag's he said he didn't want to say anything to Mr. Darley that there was going to be a young lady there after a while, and he told me that again after we came back from Montag's. Mr. Frank gave me that signal about stamping and whistling on Thanksgiving Day and he repeated it again that day. I told yesterday how he done it, like I am telling now. I think I am telling the truth now. We had been back from

Visible Translated Text Is As Follows: went to sleep after Miss Monteen Stover came down. Thed118know how long I was asleep, may be ten or fifteen minutes. Iheard the scream before I went to sleep, before Monteen Stover.I ever went in there. Mr. Quinn had already gone. I told theofficers I didn't see Mary Phagan go up at all. I didn'ttell them I heard any scream. I don't know when I first toldthat story. I told Mr. Starnes and Mr. Campbell. That wasafter I got out of jail. I said I heard the scream before Iwent to sleep, which I

Visible Translated Text Is As Follows: back there and found a cord around her neck. When I looked at the clock it was four minutes to one. That was after I went and seen the girl was dead, and he told me to bring her up there. I was standing at the steps, I could see the clock from there. Then I went back and got a piece of striped bed tick, something like your shirt there, and wrapped it around the little girl. I taken the cloth and spread it down and rolled her up in the cloth and

Visible Translated Text Is As Follows: to write to his mother and tell her that I was a good negro.The reason I didn't take the pencil down with the shoes, it wastoo far back for me to see it, I got my hair cut last week. Mylawyer sent me barber. They gave me a bath and bought me cleanclothes. My wife gave me my shirt. I didn't read anynewspapers on Monday about this crime. It don't do me no goodbecause I can't make any out. I didn't try to read any thatday. I washed that shirt on Thursday, May 1st,

Visible Translated Text Is As Follows: Mill Carson on Monday that I was drunk all day Saturday. I didn't see her at all on Monday. I did tell Mr. Herbert Schiff on Monday that I was afraid to go on the street, that I would give a million dollars if I was a white man. I said if I was a white man I would go on out. I didn't say nothing about no million dollars because I don't know what it takes to make a million. I didn't ask Miss Small on Monday what the extra had in it

Visible Translated Text Is As Follows: here if they caught me. He would get me out on bond and send me away. I never saw Mincey before seeing him at the station house in Mr. Lanford's office. I got orders from Mr. Frank to write down how many boxes we needed and give it to him. I didn't tell Mr. Black or Mr. Scott about the mesh bag because they didn't ask me. I disremember when I first told about it. I think it was after I was in jail. I told Mr. Dorsey about it after I came out

Visible Translated Text Is As Follows: CROSS EXAMINATION.I told the detective about this as soon as I saw one. I never kept it a secret from anybody. I spoke to Mr. Wade Campbell about seeing the darkey. I didn't tell him that I saw the negro as I went up into the factory about 12 o'clock. I didn't tell him that, when I came down the steps the last time, I didn't see anybody.C. W. MANGUM, sworn for the State.I had a conversation with Mr. Frank at the jail about seeing Conley and confronting him. Conley was on the fourth

Visible Translated Text Is As Follows: lounge, sofa, cot or bed in the whole factory. I found twoboxes down in the basement in Clark Woodenware side of olddirty, rotten stuff, too dirty & rotten for a human being torest upon. It's boggy in there. They had on top of them somedirty, filthy, nasty erouse sacks. There is no lounge, bed,sofa or anything of the sort in the metal room. I have neverseen a chair in there. I have never seen any blood under themachine that Barrett claims he found hair on. I never saw anyblood on the place the negro

Visible Translated Text Is As Follows: Saturday afternoon. I would visit the factory everySaturday afternoon between five and sixto find out how the financial was for the week. I foundMr. Frank in his office on every occasion except the one Ihave mentioned above. Mr. Schiff would help him on thefinancial. A few Saturdays I have gone there and Mr. Schiffwas not there. He may have been on his vacation. I here anddischarge all the help. I come in contact with the help ninetyper cent. more than Mr. Frank. Mr. Frank has nothing todo with employing or discharging them. On Saturdays,

Visible Translated Text Is As Follows: He would do this about twice a month. The girls in the packingdepartment did quite some overtime work on Saturday afternoon.RE-DIRECT EXAMINATION.I have made no contribution toward the fund to defendFrank. I don't know anything about Daisy Hopkins' generalcharacter. I don't know who nailed up the door on the ClarkeWooden-ware side. Lots of people have been there all over thefactory. If a body had been slid down the chute, behind thoseboxes, it would have been hidden more than where it was found.The boxes around the chute are piled nearly to the top. Inever noticed

Visible Translated Text Is As Follows: the outer door towards the clock. I could see half of the oiroleon clock #2. I could not see any of the other clock at all. Theclock and desk could not have been moved without my instructions.The paint is scattered all around. It gets all over the placeand we can't prevent it. We never have washed the metal roomfloor since I have been there. We never found any water or bloodwhere it was said the girl's body was found in the metal depart-ment. The view I got from front door on April 26th, into

Visible Translated Text Is As Follows: I always stayed around the factory and looked after seeing that nobody came in or out, unless they had business. I never have seen anybody goose Conley. Sometimes I would kick him to make him go on to his work. The door that leads to the Clark Woodenware place never was locked. It was nailed up when the Clark Woodenware moved out of there. I nailed it up myself. It was open on the Monday after the murder. It lead back to a chute in the rear, and to two water closets on the

Visible Translated Text Is As Follows: ASignals from upstairs. I was obliged to have seen them if he hadwatched the door. I sat mainly in the front of the building soto see that nobody came in the building. I do not recall anySaturday afternoon that Frank and Schiff missed except whenSchiff was off on his vacation. I have never seen any of thembring any women in there or take any out. I have never been sickor missed a single Saturday since last year. I would leaveabout 4:30 Saturday afternoon. I have never seen Dalton in thefactory at all. I wouldn't

Visible Translated Text Is As Follows: BThis man Wilson worked on Saturday afternoon most all the time.Oiled up the motor and cleaned it while the factory was closed.Pride, Harry Denham, Charlie Lee, and Fast usually worked thereon Saturday oiling the machinery after they shut down and dif-ferent things. They were not shut off by any doors fromgoing anywhere they wanted in the factory. They were liable tocome down and around there any time. I have never seen thedoors either to the outer or the inner office of Mr. Frank locked.They have got glass fronts in them that you can see

Visible Translated Text Is As Follows: like he tried to hide it from me. I picked it up and looked at it carefully and it looked like he didn't want me to look at it at all. The day before that he went out with a pair of overalls corresponding to this blue shirt that he has, and he said he wanted to carry them to a negro at Bloak's candy factory and he had not had time to have gone to the candy factory before he came back and said that they were taking stock over there and would

Visible Translated Text Is As Follows: Doonvicted he is my negro. I knew about the reward being offered.If I told you that I sometimes left the factory by three o'clockI meant four o'clock. Jim Conley worked regularly at the factoryexcept when he was in the stockade thirty days. Conley regis-tered every morning, but a lots of times he would not register atdinner and sometimes at night. I nailed up the door that leadsinto the Clarke Wooden Ware place on Monday because we never letthat door stand open. Mr. Darley told me to do it. I know itwas not open on

Visible Translated Text Is As Follows: GEORGE EPPS. Re-called for Cross Examination.I was present on Sunday after the murder when a gentlemancame to the house and talked to me and my sister about whenwas the last time we had seen Mary Phagan. He didn't ask me,he asked my sister. I wasn't there, I was in the house. Ididn't hear him ask my sister that.HARRY SCOTT. Re-called for State.It took Jim Conley two or three minutes to write out thenotes that I dictated to him.CROSS EXAMINATION.I knew on Monday that Mrs. White claimed she saw a darkeyat the pencil factory. I

Visible Translated Text Is As Follows: make him give a confession. We used a little profanity and cussed him. He made that statement after he knew that I knew he could write. We had him for about two or three hours that day. He made another statement on May 24th which was put in writing. (Defendant's Exhibit 37.) He was carried to Mr. Dorsey's office that day and went over the statement with Mr. Dorsey. He still denied that he had seen the little girl the day of the murder. He swore to all that the statements contain. That statement

Visible Translated Text Is As Follows: 3him. He looked pretty good when he testified here. Frank wasarrested Tuesday morning at about 11:30pm May 29th we had anoth-er- talk with him. Talked with him almost all day. Yes, wepointed out things in his story that were improbable and toldhim he must do better than that. Anything in his story thatlooked to be out of place we told him wouldn't do. After he hadmade his last statement we didn't wish to make any further sugges-tion to him at that time. He then made his last statement onMay 29th(Defendant's Ex.38). He told us

Visible Translated Text Is As Follows: ing him how to look the door. He did not tell us anything aboutFrank having a cord in his hand at the tip of the steps or thatFrank looked funny about his eyes or that his face was red. Hedidn't tell us that he went back there and found the little girlwith a rope around her neck and a piece of underclothing or thathe went back to Mr. Frank and told him the girl was dead, or thathe wrapped her in a piece of cloth. He said it was a crocus sack.He did not

Visible Translated Text Is As Follows: I got information as to Conley writing through my operatives while I was out of town.Monday I saw me when I returned. I got no information personally about his being able to write from the Penoil Company people. Personally I did not get information as to Conley's being able to write from Penoil Company. I got it from outside sources, wholly disconnected from the penoil company. As to whom I first communicated anything about Mrs.White's statement about seeing a negro down there, my impression is I told it in my many conversations with Black,

Visible Translated Text Is As Follows: 6 street and you must go slow. I was relieved at Broad and Marietta by another motorman, but sat down in the same car one seat behind Mary Phagan. Another little girl was sitting in the seat with her. We got to Broad and Hunter about 12:10. Mary and the other little girl both got off and walked to the sidewalk and they wheeled like they were going to turn around on Hunter Street, both of them together. The pencil factory is about a block and a-half from where they got off at Hunter

Visible Translated Text Is As Follows: 7RE-DIRECT EXAMINATIONI identified Mary's body Sunday afternoon after the murder at the undertaker's. There was no doubt about her being the same girl. I knew her well by sight. She rode on my car lots.RE-CROSS EXAMINATIONI can't tell you whether that is the hat or not she wore.W. H. HOLLIS, Sworn for the defendants.I am a street car conductor. On the 26th of April I was on the English Avenue line. We ran on schedule that day. Mary Phagan got on at Lindsey Street at about 11:50. She is the same girl Identified at

Visible Translated Text Is As Follows: She was sitting by herself when I got here. Mary wasn'tbut two or three passengers on the car and there wasn'tanybody sitting with her. If Epps was on the car I don't recol-lect it. I don't recall the name of any other passengers exceptMary Phagan. As to what attracted my attention to Mary gettingon the front end of the car, as a general rule when she wouldcatch our car Mr. Matthews would say to her "You are late today"and sometimes she would come in and remark that she was mad; thatshe was late today

Visible Translated Text Is As Follows: 9office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the Company's money except the petty cash was kept over at Montag Bros. office at the general manager's office, Mr. Sig Montag. All mail of the Company is received at Montag Bros. The men in Mr. Montag's office made the deposit of money of the Company. Mr. Frank and I handled the petty cash ranging from $25.00 to $50.00. When we wanted money for the pay roll, we would get a check from Mr. Sig

Visible Translated Text Is As Follows: 10Saturday morning and also our pay roll which showed on the financial sheet. These reports and the pay roll are necessary to make up the financial sheet. We paid off at Saturday noon. It has been our fixed custom ever since we have been in existence to make up the financial sheet on Saturday. I help Frank make out the financial sheet by getting up part of the data, getting up a sheet that we term the factory record, the number of pencils packed for the week, getting up the time records; I get

Visible Translated Text Is As Follows: 11often Mrs. Frank would come up to the office on Saturday.I never saw Conley around the office on Saturday afternoon aftertwo o'clock. We never had any women up in the office. I neversaw any there. There is not a bed, cot, lounge or sofa anywherein the building. There is a dirty box with dirty crocus sackson it in the basement on the Clarke Wooden Ware Company side.It is very filthy and dirty down there. I went on the road onthe first Saturday in January, 1913. I got back to the factorythat day about 2:15,

Visible Translated Text Is As Follows: I paid off the help on Friday, April 25th, from the pay window outside of the office. I remember paying off Helen Ferguson that day. Nobody came up to ask for Mary Phagan's pay. Before any one could get another's envelope, they have to have a note to that effect. There was no reason for anyone to go to Mr. Frank to get their pay Friday, April 25. I was at the window paying off employees. We had posters put up all over the factory announcing that Saturday would be a legal holiday and

Visible Translated Text Is As Follows: 13.shows it below the time clock near and where the staircase is. The door entering into the Clarke Wooden Ware place was open two or three days after the murder. The door was previously locked. There is a hole back there through which waste is thrown down. It is an open hole. There is no lid to it. It is big enough for the body of a girl of the size of Mary Phagan to go through. If a body was thrown down it, it would roll down and stop on the platform. Mr.

Visible Translated Text Is As Follows: 14He has to put that down under the number of pencils that shows on this sheet. He has to calculate and have a separate report as to each kind of pencil, and then add them up. We manufacture over a hundred kind of pencils. That week we dealt with about thirty-five different kinds. To do this you have to add, multiply, classify and separate each pencil into a different class. The next item appearing on the financial sheet is "slats", 2719. In calculating that he had to calculate the number of gross slats used,

Visible Translated Text Is As Follows: 15number had for that week. The next item "Wrappers" requires calculation because every dozen pencils takes a wrapper. People sometimes want them packed in tissue paper and he has to know which pencils are packed. He has got to go through all the pencils to determine which took wrappers and which did not. Our pencil production averaged 2900 to 3000 gross per week. A gross is 144. The next item is "skeletons". Skeleton is a card board with a little place in it where six pencils go on one side and six on the

Visible Translated Text Is As Follows: 16.been over carefully the calculations in it and it represents approximately the operations of the factory for six weeks. We did not do any of the work on that sheet on Friday. I think it would take about three hours to go through the calculations and complete that sheet. That was our average time. There is no difference in the handwriting of Mr. Frank in the financial sheet of April 26th, from that of the week previous. It is just the same. The financial sheets are all kept in this book here (Defendant's Ex.

Visible Translated Text Is As Follows: 17essary to make up the sheet. The sheet here headed "Comparison 191201913" (Defendant's Ex. "11") is made up by Mr. Frank to show the difference between one week of this year and the same week of last year and in making that up he has to take the financial sheet that he made this year and turn to the financial sheet that he made last year for the same week and compare them. This is the comparison sheet he made on Saturday. It is dated April 24th, 1913. (Defendant's Ex. "11"). The requisition and

Visible Translated Text Is As Follows: 18The next item he entered was "House order 7188,F.W.WOOLWORTH, Store 68, Terre Haute Ind." That was to be filed at once. He would send an acknowledgement card for every order we received. If the order wasn't understood, he would write. The next item he entered was "House order 7189 Woolworth Store 53,Logansport,Ind." to be shipped at once, received on 4-36-13". He figured that order out and entered it. The next order is "House order 7190, store 55 DeKalb, Ill. received 4-26-13, ship at once". The next order 14 "House order 7191, store 35 Wilkesbarre,

Visible Translated Text Is As Follows: (Defendant's exhibits 25,26,27,28,29,30,31,32,33,34,35) are in Mr.Frank's handwriting and are O.K. by me when I check it, which meansthat we ship the goods. All of the goods called for by these ordershave been shipped out by me after being O.K.'d with the exceptionof the order of R.E. Kindell and Company 7197 (Defendant's exhibit34), which was cancelled by letter. None of these orders were atthe pencil company factory when I left there Friday night, and theywere there when I got back on Monday. The work of looking overthe orders and intering them in the order book

Visible Translated Text Is As Follows: find any mesh bag or pocket book. I was Mr. Frank constantly while he was at the factory on the Tuesday morning after the murder. He did not speak to the negro Conley that day. Today we tried to open up the factory, but every body was so excited that we couldn't do any work. The girls were standing around, crying. We had to suspend. As I went out of the shipping room that morning, I saw Conley standing at the back of the room. I said "what are you doing here?" He says:

Visible Translated Text Is As Follows: 31the detectives got to the factory,Frank was at the Station House. He wastherenearly all morning. He phoned me first about twelve o'clock, and then again about twelve thirty. He wanted to see if wecould not injustice to all the employees try to sift this thingdown, and he suggested getting the Pinkerton. He phoned againnear one o'clock. Mr.Frank spoke about his nervousness. He didn'ttalk a great deal about it. He may have spoken to me one or twiceabout it. I think one time he explained to me how terrible thegirl looked and the other time

Visible Translated Text Is As Follows: when I left Friday night. I left Friday night at half past six. I didn't go to the factory on Saturday morning. I have never timed Mr.Frank entering those orders. I said I guess it would take him thirty minutes to actually enter them. After entering them he mu-st transcribe and acknowledge them. The initials "H.H" on these orders(Defendant's exhibits 14,15,16,17,18,19,20,21,22,23,24), means Miss Hattie Hall, the stenographer. "H.G.S." on these regulations (Defendant's exhibit 25 to 35 inclusive) are my initials, means that I checked the order and O.K.'d it and its gone. Miss Hattie

Visible Translated Text Is As Follows: 23but you got three sheets to get them from,one line on all threesheets and the total,making six lines altogether. It is not easyto say how long that would take. It is merely looking at those thingsand putting them down,you have got to over it,and get the differentclasses of goods that we pack and take it and put it under the headof the specialty,that is the head of the class of goods manufac-tured that week. You must have the slat record. I haven't got theslat record here. It certainly is different from this. It comesfrom

Visible Translated Text Is As Follows: It is true that he could have done all of the work in two hours and a half. I didn't hear him say that he could have done it in an hour and a half. The work that have just been over and the entries in the book and the letters that he dictated to the stenographer is the sum total of all the work that I have seen done on the books in the office on April 26th. Mr. Frank and I were not paid off on the 25th, or 26th. In addition

Visible Translated Text Is As Follows: I say he did work on the average sheet on Saturday because those orders came in that day. I know they could not have been entered the Thursday before and that they were entered in fact Saturday because I had gone over the orders and find that they average the same thing that he has got on the average sheet. None of the orders came in the factory before Saturday morning because they were not there Friday night when I left. I am sure of that. I have never known Mr. Frank to leave

Visible Translated Text Is As Follows: 26B'nai B'rith affair, which Mr.Frank went to and I helped himcarry his packages to the car. As far as my remembering every Saturdaythat I have been there for six months previous, I have never lost aday from the factory since I have been there with the exception ofmy vacation. I was with Mr.Frank until half past twelve on Thanks-giving Day, when I left him at the corner of Mitchell and Alabama,where he caught a Washington Street car. I don't know what he didthat afternoon. I do know that I remained at the factory everySaturday

Visible Translated Text Is As Follows: it by the whistle in back of us every day at twelve o'clock. We don't set it every time we hear the whistle- though. We have had unreliable people at the factory. We give them a trial. I knew that Conley was unreliable a good while ago. Found it out the first time I ever spoke to him. When we found that we couldn't trust him we took him off the elevator. Mr. Darley and I did it. We didn't take it up with Frank. Girls in the factory have told me about his

Visible Translated Text Is As Follows: REDIRECT EXAMINATION. When I stated that it took two and a half hours to three hours to make up the financial sheet, I meant with out any interruptions. We have quite a few interruptions on Saturdays, salesmen drop in, draymen and people come in, for their envelopes after we have paid off. When I said to Mr.Dorsey that he might do the work from 8.30 to 10.30, I had reference purely to the financial sheet, making the entries in the house order book, requisitions and dictating the correspondence, I did not include. The correspondence

Visible Translated Text Is As Follows: 29nature for a jeweler for a watch. The detectives found the information by coming to the factory. The negroes always ate in the basement. Conley was familiar with the basement. Mr. Dorsey subpoenaed me to his office, he subpoenaed some of the others. I think he phoned to me. Empty sacks are usually moved a few hours after they are taken off the cotton.BE CROSS EXAMINATION. I had no objection to coming to your (Mr. Dorsey's) office. I offered to assist you in any way I could. No, it was not Mr. Frank's custom

Visible Translated Text Is As Follows: JOKL C. HUNTER, Sworn for the defendant.I am a public accountant, engaged in the profession ten or fifteen years. I have examined the financial sheet said to be made by Leo M. Frank. I examined a copy and then checked it against the original. In order to find out how long it would take a person to make out these reports, I went through the calculations. I did not make out the sheets. I verified the extensions and calculations on the financial sheet (Defendant's exhibit 24). I found them correct within a decimal. There

Visible Translated Text Is As Follows: estimate, I have tried to make my figures sufficiently conservative to make allowance for a man in charge of the work. I have tried to show it done in the quickest possible time. I think it will be wonderful to make it in less time than that. I think a man who could make it out and verify it as well as went along, it would take the whole afternoon.C. R. POLLARD. Sworn for the defendant.I am an expert accountant. I was called into this matter for the purpose of seeing the length of

Visible Translated Text Is As Follows: total $396.75, instead of $386.29.RE-DIRECT EXAMINATION. In making out this sheet Mr. Frank had to make about 40 multiplications and 50 additions. The mistake is not a serious one.HERBERT G. SCHIFF. Recalled for cross examination.The books show that $4 was loaned to Arthur White. I made the entry in the book. The $2. was for what Mr. Frank loaned him that day and $2.00 I loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2. these slips are not kept after we tear it

Visible Translated Text Is As Follows: That was about half an hour before he came over to Montag Bros. I had called him up to get a duplicate bill of lading and in the course of the conversation, I asked him if he would need me over there that morning, on account of his having an inexperienced stenographer over there, I had been going over there all during the month of April on that account. He said "Please come over I have some work for you to do". It was 20 or 30 minutes after that that he came over

Visible Translated Text Is As Follows: ...requisition sheets. The entering of the requisition was done after I acknowledged the orders, because when they enter them the house order number is put on them when they are put in the book and there was no house order number when I acknowledged them. Therefore, it had to be done afterwards. The requisition sheets are not made out until they are entered on the house order book and then acknowledged and then the requisition sheets are made. These eight letters (defendant's exhibit 8) were dictated to me Saturday morning by Mr. Frank and

Visible Translated Text Is As Follows: writing about two minutes after he finished dictating the letters. I don't know how long it took me to write them. I am not a very rapid typist. During the time I was writing, Mr.Frank was in the inside office, except when he came out to talk to Mrs. White and came to the door with those men. After typing them, I took them into him to sign. He folded the letters and put them in the envelopes himself. He did not ask me to stay until he looked over the letters. As to

Visible Translated Text Is As Follows: 26data, that he couldn't fix the financial sheet until Mr.Schiffgot up the data, and he had Alonzo Mann telephone him to come overover there to do it, but Mr.Schiff didn't come while I was thereI said at the coroner's inquest that I didn't see Mr.Frank work-ing on any of these books that day. He was in the outer of-fice and he was in the inner office. There wasn't any such look-ing sheet as the financial on his desk, when I was in there hewas at work on a pile of letters and things like

Visible Translated Text Is As Follows: to two men between the outer office and the clock. He was dis-missing those two men when we came in there. White and the stenographer were in the office then also. As we were going up the steps,Mr.Frank called to Mrs.Freeman to tell Arthur White to come down thathis wife wanted to see him. On the fourth floor we saw May Barrett,Arthur White and Harry Denham. When we left the factory, the foll-owing people were still there: Arthur White, Mrs.White, MayBarrett, her daughter, Harry Denham, the stenographer and Mr. Frank.CROSS EXAMINATION. We met Mr.

Visible Translated Text Is As Follows: from my department. It covers all the different classes of work where the goods were finished.CROSS EXAMINATION. I always turn those reports in Friday night or early Saturday morning. They don't touch Friday's work.MISS MAGNOLIA KENNEDY, sworn for the defendant.I have been working for the pencil factory for about four years, in the metal department. I drew my pay on Friday, April 25, from Mr. Schiff at the pay window. Helen Ferguson was there when I went up there. I was behind her and had my hand on her shoulder. Mr. Frank was not

Visible Translated Text Is As Follows: WADE CAMPBELL, Sworn for the defendantsI have been working for the pencil factory for about a year and a half. I had a conversation with my sister, Mrs. Arthur White, on Monday April 28th. She told me that she had seen a negro sitting at the elevator shaft when she went in the factory at twelve o'clock on Saturday and that as she came out at 12:30, she heard low voices, but couldn't see anybody. On April 26, I got to the factory about 9:30. Mr. Frank was in his outer office. He was

Visible Translated Text Is As Follows: extra, but I don't know what paper it was. I knew that he could write because I had seen him do it several times, with pen and ink. I don't know whether he was making up his reports of boxes, but I have seen him writing. Yes, I have seen spots along the route from the ladies closet to the elevator ever since I have been there. They have red varnish and red paint and such things like that that look like blood. I am sure there are spots all around in the metal

Visible Translated Text Is As Follows: LEMOIE QUINN, Sworn for the Defendant:I am foreman of the metal department. Barrett pointed outto me where he claimed to have found blood spots on the met-al room floor. He asked me whether I thought that he (Barrett)would get the reward if Frank were convicted. He told me thatseveral people told him that he had a good chance to get the re-ward. He said a fellow told him that he would get $2700 onetime and $4500 the other time. He mentioned that reward to meon several occasions. The floor on the metal room is

Visible Translated Text Is As Follows: were out of material and she was laid off for the rest of theweek. I have never seen Mr. Frank speak to her. I went tothe factory on April 26th, to see Mr. Schiff. He was not there.I often go to the factory on Saturdays and holidays. The streetdoors were open when I got there. I did not see Mary Phagan, norJim Conley, nor Montie Stover. The doors to Mr. Frank's innerand outer office were open. The time I reached Mr. Frank'soffice was about 12:20. I saw Mr. Frank on Sunday at Bloomfield'sundertaking establishment

Visible Translated Text Is As Follows: mention it at the coroner's inquest. This was Tuesday after-noon. I told you in the statement I gave you that I could notswear positively as to the time I was at the factory. I said Igot to the pool room between 12:20 and 12:30. I had been up inthe factory before I met Newt, Freeman and Miss Hall at the BusyBee. I was in the office and saw Mr. Frank between 12:20 and12:25. At the time I made the statement to you that I was there-between 12:00 and 12:05 I had reckoned the time

Visible Translated Text Is As Follows: have been as early as twenty minutes after 12 that I got to the factory, because I had reckoned my time down from leaving home and the number of stops, and I said that it have been between 12:20 and 12:25.HARRY DENHAM, Sworn for the Defendant.I work on the fourth floor of the pencil factory. I was paid off Friday, April 25. I came back Saturday to do some work. Mr.Darley asked me to come back. I had to work on the machinery when it was not running. It was the only time I

Visible Translated Text Is As Follows: I left at ten minutes after three, I saw Mr. Frank. Mr. White and I came down together. Before we went out, Mr. Frank came up- stairs about three o'clock and asked was we getting out, and we told him we were getting ready to go right now. We were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borrowed $2 from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see

Visible Translated Text Is As Follows: 65ing his hands together. We left McKnight in the factory when we left there two blocks before they saidMINOLA McKNIGHT (c) Sworn for the defendant:I work for Mrs. Selig. I cook for her. Mr. and Mrs. Frank live with Mr. and Mrs. Selig. His wife is Mrs. Selig's daughter. I cooked breakfast for the family on April 26th. Mr. Frank finished his breakfast a little after eleven o'clock. Mr. Frank came to dinner about 20 minutes after one o'clock. That was not the dinner hour, but Mrs. Frank and Mrs. Selig were going off

Visible Translated Text Is As Follows: 7and made me sign something before they would let me loose, but itwasn't true. I signed it to get out of jail, because they saidthey would not let me out. It was all written out for me beforethey made me sign it.CROSS-EXAMINATION.I signed that statement (State's Exhibit "J"), but I didn'ttell you some of the things you got in there. I didn't say heleft home about three o'clock. I said somewhere about two.I did not say he was not there at one o'clock. Mr. Graves andMr. Pickett, of Beck & Gregg Hardware Co., came

Visible Translated Text Is As Follows: KEIL SELIG. Sworn for the defense.I am Mr. Frank's father-in-law. My wife and I live with Mr. Frank and his wife. The kitchen in our house is next to the dining room. There is a small passage way between them. The sideboard in the dining room is in the same position now, as it has always been. Mr. Frank took breakfast before I did on April 26th and left the house before I breakfasted. I got back home to dinner at about 11:15. My wife and Mrs. Frank were eating then. They told me

Visible Translated Text Is As Follows: Our party broke up about half past eleven. I did not hear the telephoning early Sunday morning, I had the scratches on Frank Sunday morning.CROSS EXAMINATION.I have never seen the servants move that sideboard. I say it was about 1:20 when Mr. Frank came home to lunch, because I left town about 1:10. The car reaches our corner between 1:10 and 1:20. I got home a little after one, about 1:10. Mr. Frank may have laid down and taken a nap after dinner. I don't know. I laid down and took a nap. Mr.

Visible Translated Text Is As Follows: quarter past seven. We played cards that night in the dining room with a party of friends. Mr. Frank and his wife did not play. They do not play poker. They play bridge. He was sitting in the hall reading. Mr. Frank answered the doorbell and let in some of the guests. He came in once while we was playing cards to tell us about a joke that he had read about an umpire and he laughed out very heartily. He went to bed between ten and ten thirty. He told us all goodnight

Visible Translated Text Is As Follows: 311.RE-DIRECT EXAMINATION.My health is bad and I am under care to hear much of the facts of the crime at the time. I was operated on the next day. Mr. Frank spared my feelings. These are the clothes Mr. Frank wore on April 26th (Defendant's Exhibit 49).MISS HELEN KERNS Sworn for the defendant.I work for the Dodson Medicine Company as stenographer. My father works for Montag. I took shorthand under Professor Briscoe last winter. I have seen Mr. Frank in his factory. I went there with Professor Briscoe to get a job. I didn't

Visible Translated Text Is As Follows: until almost three o'clock. There was plenty of room on that corner. I stood there from five minutes after one until twenty minutes after me. After I met my friend we went back to Kress. I did not speak to Mr. Frank. He was standing up against the building up Alabama Street. It was not real crowded up Alabama Street. You could not stand in the middle of the sidewalk. I got a clear view of Mr. Frank. I don't think he saw me. I don't think he would have recognized me because he

Visible Translated Text Is As Follows: CROSS EXAMINATIONI noticed that Mr. Frank got off at 1120, because I was looking at the clock. I was waiting the car for my son. I had already had lunch. I could not wait for him. He tried to get me over the phone but could not reach me. The reason I knew it was that time I was looking at my clock and noting the cars as they passed and my son had not come yet. That was the only reason I would have noticed it.RE-DIRECT EXAMINATIONMy childred on Memorial Day instead of

Visible Translated Text Is As Follows: to speak to me. 367 Washington street is three doors above Georgia Avenue. I saw him take the car at the corner of Glenn and Washington St.JEROME MICHAEL, Sworn for the defendant.I live in Athens, I was in Atlanta on April 26th. I took dinner at Mrs. Wolfsheimer's residence at 367 Washington Street. I saw Mr. Frank upon that day between five minutes to 2 and 2 o'clock. I know it was that time because I had an engagement with a young lady and I had a watch in my hand most of the

Visible Translated Text Is As Follows: 15CROSS EXAMINATIONThe time is fixed in my mind because we ate dinner about half past one and we had just finished. I was not looking for any scratches or bruises, but I certainly would have seen them if they had been there. I was close enough to him to have seen him.JULIAN LOEB Sworn for the defendantsI live at 380 Washington Street, across the street from the Wolfheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank on April 26th in front of the Wolfheimer residence. I was there when he

Visible Translated Text Is As Follows: 16recognized his machine. It was going down the street. I recognized it by the dark color. It's park light in front of the car so close as to hit the car and that's what called it to my attention. The top of the machine was up and the sides were open. The car was a dark maroon color and seats from four to seven passengers. I don't know the number of it. I just saw a dark maroon car. I found out afterwards that it was Mrs. Hinchey's. I only noticed that particular automobile

Visible Translated Text Is As Follows: 17was very thick. I have been to see Mr. Frank once in jail. Imentioned to him that I saw him that day. Mr. Frank and I wereonly business friends. We have had pleasant business transac-tions and also controversies. I did not go to jail to talkit over with him. I went there because I had been knowing himfor five or six years and was interested in him, because he wasimplicated in the case. We were not personal friends, but havehad a great many business dealings with each other and I naturallyfelt an interest in

Visible Translated Text Is As Follows: 18CROSS EXAMINATION.He made that remark to me about 8 o'clock Monday morning and I went right back and told my mother of it. The elevator makes enough noise to know it is running. You don't notice it when the machinery is running. You wouldn't know whether it was running or not unless your attention is directed to it. I had looked at the clock five minutes before I saw Mr. Frank in front of Rich's. I had just looked at the clock also before I saw him going into Jacob's. I am certain of

Visible Translated Text Is As Follows: On Wednesday I said the same thing and he answered the same thing.On Thursday when I said that to him again he said, "No, I ain'tdone nothing." I said, "Jim, you know Mr. Frank never did that,"and he says, "No, Mr. Frank is as innocent as you is, and I knowyou is." I said, "Jim, whenever they find the murderer of MaryPhagan it's going to be that nigger that was sitting near the ele-vator when Mrs. White went upstairs. He laid his broom down thenand went out." I would not believe Conley on oath.CROSS

Visible Translated Text Is As Follows: or doing anything of that sort. I did not go down and see blood on second floor near dressing room.MISS MARY PIRK, sworn for the defendant.I am one of the foreladies working at the National Pencil Co. I am at the head of the polishing department. I have been there about five years. I talked with Jim Conley Monday morning after the murder. I accused him of the murder. He took his broom and walked right out of the office and I have never seen him since. His character for truth and for veracity

Visible Translated Text Is As Follows: a single thing immoral that he did do in those five years. I have never heard of his going in the girls' dressing room. I have never heard of his slapping girls as he would go by. I have never heard Mr. Frank talk to Mary. I have never heard of the time Mr. Frank had her off in the corner there when she was trying to go back to work.DIRECT EXAMINATIONMRS DORA SMALL Sworn for the defendant.I worked on the fourth floor of the pencil factory for five years. I saw Jim Conley

Visible Translated Text Is As Follows: It was before this murder took place. I did not see Mrs. Carson talk to Jim on Tuesday or Wednesday. I saw I worked in one end of the building and I worked in the other. I saw Mr. Frank and Miss Carson talking business between eight and nine o'clock on Tuesday. They stopped right in front of my machine. Mr. Frank went downstairs and Miss Carson went on back to her work. He used to come up there frequently. Conley was standing at the elevator. He was standing with his hand on a

Visible Translated Text Is As Follows: 23As he read it he kinder grinned. He told me he believed Mr.Frank was just as innocent as the angels from Heaven. Iknow his general character. He was never known totellthe truth.I would not believe him on oath.CROSS EXAMINATIONI saw the dark red spots by the water cooler in the metalroom where they had chipped up something. Something white wasdropped all over it. The spots did not look like they had beensmeared over. Looked like a plain drop of blood. I think itwas paint because there was paint used there all the time. Theyasked

Visible Translated Text Is As Follows: 24about half past ten. It sounded like a boy's voice. It said,"Tell Mr. Schiff Mr. Frank wanted him at his office." Mr. Schiffwas asleep at the time. I waked him up and he said, "Tell Mr.Frank I will be there as soon as I can get dressed." And I re-peated the message to the boy and told him what Mr. Schiff said.Then Mr. Schiff went back to sleep again. The same voice calledup Mr. Schiff again about eleven o'clock. Said he wanted Mr.Schiff to come down to the office. Mr. Schiff told me to

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Visible Translated Text Is As Follows: ALONZO MANN, Sworn for the defendant.I am office boy at the National Pencil Company. I began working there April 1st, 1913. I sit sometimes in the outer office and stand around in the outer hall. I left the factory about half past eleven on April 26th. When I left there Miss Hall, the stenographer from Montag, was in the office with Mr.Frank. Mr.Frank told me to phone to Mr. Schiff and tell him to come down. I telephoned him, but the girl answered the phone and said he hadn't got up yet.I telephoned once.

Visible Translated Text Is As Follows: I didn't think she should go until she finished Mr.Montag's mail. He said something she then about her coming over in the afternoon, and I said I didn't think she ought to work over there as it wasn't her work, and I told her not to do it, but I told her if she got through with Mr.Montag's mail, she could go over there that morning and help him, if she could assist him in anyway.CROSS EXAMINATION. I have never seen Frank write any of the documents which I say are in his handwriting.

Visible Translated Text Is As Follows: two important orders as to their shipments and he replied that hecouldn't tell whether they had been shipped or not, but that if Iwould return to the factory with him he would show me the duplicateinvoices and let me see for myself. I replied that I would not havetime to go back, as I had lots of orders. He says: "If you can'tcome now, come this afternoon." And then he walked in to Mr.Montag'soffice, and as he went into the office he said "Come up now, or comeup after dinner."CROSS EXAMINATION. I saw Frank

Visible Translated Text Is As Follows: look at it. It had numbers of pencils and prices on it. That letter was read in Hotel MoAlpin, in Mr.Mose Frank's room. As to what relatives Mr.Frank has in Brooklyn, my brother-in-law Mr.Bennett is a clerk at $18 a week. My son-in-law Mr.Schwartz is in the retail cigar business. As to what my means of support are, we have about $20,000, out at interest, my husband and I, at six per cent. We own the house we live in. We have a $6,000.mortgage on it. The house is worth about $10,000. My husband

Visible Translated Text Is As Follows: C. F. URBANACH, Sworn for the defendant,/I married a sister of Mrs.Leo Frank. I phoned him on Friday and asked him if he would go to the baseball game Saturday. He said he didn't know, he might go and would phone me later and let me know. On Saturday when I got home about twenty minutes to two my cook told me that Mr.Frank had phoned and told me that he wasn't going to the game. I saw him on Sunday, after the murder, at my house. I saw no scratches marks or bruises

Visible Translated Text Is As Follows: CROSS EXAMINATION. On Sunday, Mr. Frank when he was at the house told us he had been called downtown and that this little girl was murdered, and he told what a horrible crime it was. He did not say who committed it. He said nothing about employing a lawyer. He said nothing about how he slept the night before. I think he told about being at the undertakers in the afternoon. I did not hear him say anything about his visit to the undertakers in the morning. He said he had been taken down

Visible Translated Text Is As Follows: MRS. A. E. MARCUS, sworn for the defendant.I am a sister of Mrs. Leo M. Frank. I played cards Saturday night at Mrs. Selig's. Mr. Frank was there sitting out in the hall reading, and Mrs. Frank was going in and out of the room. Mr. Frank went to bed after ten o'clock. I noticed nothing unusual about him, no bruises, marks or signs.CROSS EXAMINATION. He came in one time and told us something funny about a baseball joke. We were still playing when he went to bed.MRS. H. MARCUS, sworn for the defendant.I

Visible Translated Text Is As Follows: after I got there. His wife went to bed soon afterwards.MRS.EMIL SELIG, Recalled for the defendant.(Witness denies categorically that any of the contents ofMinola McKnight's affidavit (Defendant's exhibit J)are true.) I have neverraised Minola's wages one penny since she has been with me.CROSS EXAMINATION. I didn't see Albert McKnight at my house on Sat-urday. He has been to the house two or three times. I was in bedwhen Mr.and Mrs.Frank went down stairs Sunday morning in responseto the ringing of the telephone. Mr.Frank got home about eleveno'clock Sunday morning and then ate his breakfast.

Visible Translated Text Is As Follows: vous than we were about the murder when we saw him that morning. I was very much agitated and trembled. My wife commenced to cry and was very nervous. I saw no marks, scratches or discolorations of any sort on his face, and there were no spots on his clothing. I went to the factory that morning and made a general examination, in -cluding the metal room. We saw nothing on the floor. Frank was very much agitated and nervous when he told us about the occurr-ence. We have a great many accidents in

Visible Translated Text Is As Follows: when he was at my house Sunday morning. He had already been to the undertakers. He told me they had taken him into a dark room and flashed on a light, and he said he saw the little girl there. He described how she looked. He said her face was scratched and her eye was discolored, and she seemed to have a gash in her head. Her mouth was full of sawdust and he described her in a general way. He did not call my attention to his being nervous. He did not say

Visible Translated Text Is As Follows: I would be sometimes there so late the shipping olerk would be gone. I have never found the front door looked on a Saturday afternoon.I have never seen Jim Conley watching there Saturday afternoon. I have never seen him guarding the door. I have never seen him around the factory at all Saturday afternoon. I have never found the doors to Mr.Frank's inner or outer office looked. Both doors have glass windows in them. Anybody could see through them. I have sometimes found Mr. Schiff working there with Mr.Frank on Saturday afternoon. I did

Visible Translated Text Is As Follows: I would stay in the outer office. I never left the factory on Saturday afternoon. I have never known Mr.Frank to have any women in his office drinking or doing anything else.CROSS EXAMINATION. I never stayed in the factory Saturday afternoon in the Summer months. Every other Saturday afternoon then I got off at one o'clock. No I don't know anything about Mr.Schiff and Mr. Frank and others taking women down the alley on Forsyth St. and around the back door. He said did not have any women in the factory when I was

Visible Translated Text Is As Follows: PHILIP CHAMBERS, Sworn for the defendant.I am 15 years old. I started working for them Dec.13,1912, as office boy at the pencil factory. I left there March 29,1913. I stayed in the outer office. On Saturdays I stayed until 4.30 and sometimes until 5 o'clock. I never left before 4.30 on Saturdays. I would go to dinner about 1.30 and get back at 3. Sometimes on Saturdays I would be sent to Montag for 15 minutes, to get the mail. I would sometimes go out to the Bell St plant to send the payroll

Visible Translated Text Is As Follows: CHARLIE LEE, Sworn for the defendant,I am a machinist at the pencil factory. I remember the accident to Duffy in the metal room. His finger was hurt on the eyelet machine, about Oct.4,1912. It bled freely and the blood spouted out. There was a lot of the blood on the floor. He went down the hall to the office, by the ladies dressing room. There was blood at that point. Gilbert also got hurt in the metal room last year. He was bandaged in the office also. In going from the metal room to

Visible Translated Text Is As Follows: The employees used the back stairs stairs leading from the metalroom to the third floor. You can hear the elevator running if themachinery is not running. It makes a roaring noise and you can hearit on any floor. The motor makes a noise, and you can see the wheelsmoving on the fourth floor. I know Jim Conley's general characterfor truth and veracity, it is bad. I would not believe him on oath,I wouldn't believe him on oath, because him and his whole familylied to me.CROSS EXAMINATION. I never associated with Jim. No. I ain't

Visible Translated Text Is As Follows: to see Mrs. Taylor, who lived with him then. That was the only placeI have ever seen him. I never have been to the factory on Saturdayor any other day. I never introduced him to Mr.Frank. There isn'ta word of truth in that. I have never gone down in the basement withthis fellow,Dalton. I don't even know where the basement is at all.I have never been anywhere in the factory, except at my work.CROSS EXAMINATION. I have never been in jail.Mr.W.M.Smith got me outof jail. Somebody told a tale on me, that's why I

Visible Translated Text Is As Follows: Penoll Company on Saturdays. Since that time I have worked off and on at the factory on Saturdays doing extra work. I have also been up to the office Saturday afternoons, frequently during the past twelve months. I was there while Mr. Sohiff was off on his trip. I was up at the office on the Saturday afternoon after Mr. Sohiff went away. Mr. Holloway, Mr. Sohiff, Mr. Frank and the office boy were there. I have never seen any women in Mr. Frank's office on the Saturdays I have been there.CROSS EXAMINATION. I

Visible Translated Text Is As Follows: never,at any time,heard Mr.Frank ask Conley to come back on anySaturday. I have never seen Mr.Frank bring in any women into thefactory. I have never seen Jim Conley guarding or watching the door.I have never seen Jim take newspapers and look at it, but I don'tknow if he read them or not. I have seen him read papers at thestation house like he was reading them.CROSS EXAMINATIONI was arrested Monday,April 33th,about half pastnine. I saw Mr.Frank before I was arrested. He was on the secondfloor.HENRY SMITH,Sworn for the defendant.I work at the pencil factory

Visible Translated Text Is As Follows: Rosser. He considered Scott as working for the city. He included Scott with the rest of the detectives. Mr. Frank looked very much disappointed because the Grand Jury had just ignored him when he expected to be cleared. Mr. Frank has a great many friends who constantly visited him in jail.NATHAN GOPIAN. Sworn for the defendant.I remember last Thanksgiving Day was a very disagreeable day. I don't remember whether it snowed. The B'nai B'rith is a charitable organization here composed of young men. They gave a dance out at the Jewish Orphans Home Thanksgiving

Visible Translated Text Is As Follows: Just sweep 14* np. I was at the undertakers Sunday afternoon twoo'clock when Frank was there. Mr.Quinn,Mr.Zeganki,Mr.Darley and Mr.Schiff were there. I looked at the body with Mr. Zeganks. No oneelse was present. I have known Jim Conley about two years. Hisgeneral character for truth and veracity is very bad therefore,Iwould not believe him on oath.CROSS EXAMINATION - same came from B. DorseyI do not belong to him or no kin to Mr.Frank or any of his people.I have never heard anything saidagainst conley,except since Frank was indicted. I also heard he wasin the

Visible Translated Text Is As Follows: undertakers, I didn't see the impress of the cord on the neck. Ijust took one look and then came right out again. I saw the dis-coloration of the eye and that bruise and I sort of felt sick andI walked right out.REDIRECT EXAMINATION - I am a German and I am accustomed to drinkingmy beer, I have never trusted Jim Conley after he put water in mybeer.HARLEE BRANCH, Sworn for the defendant.I work for the Atlanta Journal. I had an interview with JimConley on two occasions. On May 31, he told me he didn't

Visible Translated Text Is As Follows: no way of dividing the time. I should say that perhaps he was talking and not acting for about fifteen minutes. Of course he was talking all the time that he was acting. I did not say that I thought he was talking half of the time.REDIRECT EXAMINATION. In going through his performance he walked very rapidly. We were almost on a trot behind him. I was at the factory fifty minutes while he enacted his story. I left him after he had written one note in Mr.Frank's office. He wrote the notes rapidly.

Visible Translated Text Is As Follows: occasionally when she went to work. He said nothing as to havingseen the girl on Saturday and coming in on the car with her. Idirected my questions to both the children.CROSS EXAMINATION. I was not seeking evidence for the defendant.There was no defendant at that time. This was on Sunday, the daythe body was found, I have been working under the direction of Mr.Olofein, city editor.Olofein visited Frank in jail. At that time Mr.Frank had not been mentioned in connection with the case at all.At the time of the interview with the little girl

Visible Translated Text Is As Follows: to Whitfield and said "take it to the door and see what it is". It was pretty dark in there. Right in-the-same corner, I also found a club (defendants exhibit 48). It was standing upon the doorway with some iron pipes. The club is used by the night man as a roller to roll boxes and barrels on. The iron pipes there were used for the same purpose. The stains on the club were either paint or blood, I don't know which. I found this little stick back of the front door (State's exhibit

Visible Translated Text Is As Follows: show it to MR. BLACK. I showed him the club and the envelope. I turned them over to MR. PIERCE, the paper intendent of our agency. I don't know where he is - nor MR. HAASFIELD either.JOHN FINLEY, sworn for the defendant,I was formerly master machinist and assistant superintendent of the pencil factory. I have known MR. FRANK about five years. His character was good.CROSS EXAMINATION. I am now superintendent for Jettler Bros. They are not related to the FRANKS. I left the pencil company about three years ago. I have never heard anything

Visible Translated Text Is As Follows: contributed anything to any fund for his defence. I have not heardof any such fund.DR WM. OWENS, sworn for the defendant.I am a physician. I am also engaged in the real estate bus-iness. At the request of the defence I went through certain expe-riments in the pencil factory to ascertain how long it would take togo through Jim Conley's movements relative to moving the body ofMary Phagan. I kept the time while the other men were going throughwith the performance. I followed them and kept the time. Mr.Wilsonof the Atlanta Baggage Co/ also kept

Visible Translated Text Is As Follows: carried it out and laid her down, and Conley opened the cloth and rolled her out on the floor, and Frank turned around and went on up the ladder, and Conley carries the body back to where the body was found; Conley goes around in back of the boiler, and notices her hat and slipper and a piece of ribbon;and Conley said:"Mr.Frank, what am I going to do with these things?" and Mr. Frank said: "leave them right there"; and Conley threw them in front of the boiler; Conley goes to the elevator, and

Visible Translated Text Is As Follows: smiling and rubbing his hands, runs his hands in his pocket and pulls out a roll of bills; Frank says:"There is $200.00:" Conley takes the money and looks at it a little bit; Conley: Mr. Frank, don't you pay another dollar watch man comes, I'll pay him myself;" Frank:"All right, I want see what you want a watch for, either, that big fat wife of mine, she wanted me to buy her an automobile, and I wouldn't do it; pause, I will tell you the best way, you go down in the basement, you

Visible Translated Text Is As Follows: ohair and looks down at Frank.Frank grabs scratch pad from type-writer table and starts to make memorandum upon paper, but hishand trembles so he couldn't.Frank gets up to goj, Frank: "Now, Jimyou keep your mouth shut, do you hear?" Conley: "All right, I willkeep my mouth shut, and I will be back here in forty minutes."Conley goes out. It took us eighteen and a half minutes by the watchto go through the movements and conversation, (as above set forth)which Conley says took place between him and Frank on Saturday,April26th. The experiment was made as

Visible Translated Text Is As Follows: weighing about 107 pounds, back. Mr.Brent enacted everything that was supposed to have been done by Conley. Mr Fleming played the part of Mr. Frank. Neither one of these gentlemen are connected with the pencil factory. In putting the cloth around the corpse I think they actually gained time. They did it really faster than it could have been done. Mr. Herbert Haas did most of the reading of the directions. There were no feet hanging out of the sack sack like the body would. As to whether it isn't much easier to handle

Visible Translated Text Is As Follows: Mr. Brent didn't get in the wardrobe, he was too big. He went to wardrobe and we eliminated the time he was supposed to be there. A small man could have got in it. They did not write out the notes. We eliminated that also. Standing in the wardrobe and writing the notes was not included in the sixteen and a half minutes it took. It was said that Conley's testimony was to the effect that he was in the wardrobe eight minutes. The notes were supposed to have taken from 12 to 14

Visible Translated Text Is As Follows: The pantomime that we enacted at the factory was the story as told by Jim Conley on the stand.ISAAC HAAS(Sworn for the defendant.I know Leo M. Frank for over five years. His character is very good. I did not hear my telephone ring on Sunday morning,April 27th. My wife heard it. The telephone is only two feet from my bed.CROSS EXAMINATION. My wife waked me up when she answered the telephone.A.H. ANDERSON. Sworn for the defendant.I work at the Atlanta National Bank. That is the original pass book of Leo M. Frank (Defendant's exhibit

Visible Translated Text Is As Follows: of the metal room doors. They were six feet wide exactly fromjab to jab. The doors are usually open. If any one came up thestair case and turned to the office they could see through themetal room doors. The floors of the metal room are very dirty.I don't know if the window are clean, but you can see through them.L.U. KAUFFMAN, Sworn for the defendant.I made a drawing of the Selig Residence on Georgia Avenue, inthis city, showing the kitchen, dining room, the reception room,parlor and passage way between the kitchen and dining room.

Visible Translated Text Is As Follows: from the back steps and about 38 feet from where the body is saidto have been found. The back door is 165 feet from the elevatorand the total length is 200 feet. I saw no furniture,except a bunkwith old dirty sacks,which were very filthy. The floor of the basementis dirt and ashes. The trash pile is 150 feet from where the body wasfound and it is 21 feet from where the body was found to the coloredtoilet, and 42 feet from where the body was found to the back door.The angle from the colored

Visible Translated Text Is As Follows: CROSS EXAMINATION. There are ashes and cinders along the walk in the basement. Mr. Schiff showed me the point where the body was found. I made every calculation from the point that Mr.Schiff showed me. I made my diagrams within about a month. About two feet of the wall prevents seeing from the door in Mr.Frank's office to the stair way. You can only see a part of the past clock and doesn't take in the West cab at all.REDIRECT EXAMINATION. There will be no difficulty about one person going down the scuttle hole

Visible Translated Text Is As Follows: into the inner office, to Mr. Frank's desk, or a man sitting there. Exhibit 67 for defendant shows the pay window. Defendant's exhibit 68 shows foot of the elevator showing the rubbish and barrels in and adjacent to the elevator shaft. Defendant's exhibit 69 shows the basement looking to the back door to the elevator shaft. Defendant's exhibit 70 represents the back corner of the place where the body was found, the body being found just about the left corner, her head behind the partition. Defendant's exhibit 71 shows the exit to the back

Visible Translated Text Is As Follows: at the Selig residence,T. H. WILLETT, Sworn for the defendant.I am a-pattern maker. I made the pattern of Penoil Factory from a blue print. This is the model (Exhibit 33 for defendant).CROSS EXAMINATION. The height of the fixtures is not made according to scale. The floor plan is a correct representation, according to the blue print. The windows in Mr.Frank's office were not put in by me.REDIRECT EXAMINATION. I was given no instructions except to follow the ground floor plan as shown on the blue print. This is the blue print, (defendant's exhibit 85)

Visible Translated Text Is As Follows: of the dining room at all. Moving up into the kitchen,near thepassage way, I could see nothing but the top of one chair by look-ing in the mirror.CROSS EXAMINATION. The view that you did get of the mirror woulddepend upon where I stood in the kitchen. I can only speak from theconditions that existed as I saw them as to the arrangement offurniture.JULIUS A. FISOHER, Sworn for the defendant.I am a contractor and builder. I looked at the house of thedefendant at 69 E.Georgia Ave. Standing in the kitchen door, I hadvery little view

Visible Translated Text Is As Follows: ahead of time when they are going to be relieved. It isn't a matter of impossibility to keep the men from coming in ahead of time, but we do have it. The English Ave. line is a hard schedule. It frequently happens that the English Avenue car outs off the River car, and the Marietta car. I have seen the English ave. car out of the Fair St.car, which is due at five after the hour.K. H. THOMAS, sworn for the defendant.I am a civil engineer. I measured the distance from the intersection of

Visible Translated Text Is As Follows: The pancreatic juice helps digestion mostly in the smallintestine. It consists of water in organic salts of which sodiumcarbonate is the most important, and a number of ferments. The or-dinary time that it takes wheat bread to pass out of the stomachis not less than three hours. The time for a meal consisting ofcabbage cooked for about an hour and wheat biscuit to pass out ofthe stomach depends a great deal upon the mastication of the food.The times given above have reference to the most favorable condi-tions. If the cabbage is not well chewed,

Visible Translated Text Is As Follows: This cabbage (State's Exhibit G) I don't think has been masticated at all so far as these pieces are concerned. There can be no doubt that these pieces would retard the digestion and the passage from the stomach into the small intestine. The presence of such cabbage would make it very uncertain as to telling before the food would pass out of the stomach. I couldn't say and I don't think anybody could say, how long cabbage and wheat bread in such condition would stay in the stomach. As far as wheat bread and

Visible Translated Text Is As Follows: or ten days, a gallon of the liquids of the body having been taken out and a gallon of embalming fluid put in it, and if I further found the acidity of the stomach to be 34 degrees and practically no pepsin, and practically nothing in the lower intestine, the body having been embalmed with formaldehyde, it would be impossible for me or any other chemist or physician to tell anything about the time it had been in the stomach. The acidity of the stomach does not suffice to show it, because it may

Visible Translated Text Is As Follows: and no maltose would not necessarily mean that digestion had not progressed very far, because free hydrochloric acid may have appeared soon after the food entered the stomach and stopped starch digestion. In the average case I would say that starch had not been in the stomach very long. In an ordinary normal stomach you might find maltose before the food reaches the stomach, even in the mouth, it depends on mastication. If I did not find it in the mouth or stomach I could not say how long digestion had progressed. I was

Visible Translated Text Is As Follows: no interference with the brain or any pressure on the brain, nodoctor could tell that long after death whether or not the woundwould have produced unconsciousness, because the skull may be brokenand considerable hemorrhage and depression of bone without any loss ofmemory even. There is no outside physical indication of any sortthat a man could find that can tell whether it produced unconscious-ness or not. If the body was found 8 or 10 or 12 hours after deathwith that wound and some blood appears to have flowed out of thewound, that wound would have

Visible Translated Text Is As Follows: lack of acidity,starch or the lack of starch,maltase or the lackof maltase. The conditions are too variable. A great many thingsretard digestion, such as excitement, anger and grief. Formalde-hyde stops all formed processes of the pancreatic juices, andafter a body was embalmed with it I would not expect to find thepancreatic juices. It also destroys the pepsin, so that 10 daysafter death in the case of a body embalmed with formaldehyde noaccurate opinion could be given as to how long the cabbage (State'sExhibit G) had been in the stomach. Each stomach is a law

Visible Translated Text Is As Follows: resulting from the condition of the contents of the stomach irrespective of acidity or the other chemical qualities as to how long cabbage and wheat bread were in the stomach can be given where particles like that (State's Exhibit 6) are found. Where a young lady 13 or 14 years old died, her body is embalmed as above described, and a post mortem performed 9 or 10 days after death, and the physician finds the epithelium detached from the walls of the vagina in several places nothing being visible to the naked eye and

Visible Translated Text Is As Follows: blow on the outside of the head by concussion without any appreciable lesion on the outside of the head.DR. WILLIS F. WESTMORELAND, sworn for the defendant.DIRECT EXAMINATION. A practicing physician for twenty eight years, general practice and surgery. A professor of surgery for twenty years, and formerly president of the State Board of Health. If the body of a girl between thirteen and fourteen years old was embalmed about ten hours after death, after taking out a gallon of fluid and putting in a gallon of embalming fluid, of which 8% is formaldehyde and

Visible Translated Text Is As Follows: ten days after death. Many things retard digestion. Much depends upon the particular stomach,and its affinity for particular foods. There is a cycle of acidity and in the progress of digestion that increases, and then later it goes down. Food that is not thoroughly emulsified will remain in the stomach indigestly. cabbage like that (State's Exhibit G) and wheat bread, might remain in the stomach until the process of digestion is complete, which ordinarily would be from three and a half to four hours. They might pass through the body undigested. A formaldehyde embalming

Visible Translated Text Is As Follows: could be inflicted after death. As long as the blood id not coagulated. A lick on the back of the head could produce a black eye.CROSS EXAMINATION. There are sexual inverts who are absolutely normal in physical appearance. If I had a subject where there was a blow on the head, going practically to the skull, with no injury to the brain, and the face was livid, the tongue hanging out, with deep indentation in the neck, the flesh pushed out of place, with blue nails and lips, I would say that death was

Visible Translated Text Is As Follows: described above, it would bleed and if the body lay in one place30 or 40 minutes, there would be bleeding and if the body ispicked up and carried about 40 feet and dropped at another placeI would expect to find blood there. All wounds bleed very freely,and there would be blood wherever the body was.Dr. J. C. OLSTEAD, Sworn for the defendant,Practicing Physician for 36 years. Given the facts that a younglady 13 or 14 years old died and 8 or 10 hours after death thebody was embalmed with a preparation containing 8% Formaldehyde,and

Visible Translated Text Is As Follows: It nor the pepsin would be present in any degree 8 or 10 days after death. Embalming fluid destroys the pancreatic juices so that it would be impossible to find them. Babbage like that (State Exhibit G) is liable to obstruct the opening of the pyloris, and to delay digestion. Food of that character might remain in the stomach undigested for 10 or 12 hours irrespective of the acid found there. If shortly after death a doctor makes a digital and visual examination of the vagina, opening the walls of the vagina with his

Visible Translated Text Is As Follows: DR. W. S. KENDRICK, Sworn for the defendant.I have been a practicing physician for thirty-five years. I was Dean of the Atlanta Medical College. I gave Dr. Harris his first position there. If a young lady between thirteen and fourteen years of age died and a post mortem examination was made within eight or ten hours after death, by a physician who make a digital and visual examination to determine whether there is any violence to the vagina or not, and inserted his fingers for the purpose of deciding, and the body is embalmed,

Visible Translated Text Is As Follows: chemical analysis of the liquids of the stomach or by the condition of the cabbage lodged in the stomach as to how long it had been in the stomach.CROSS EXAMINATION. I am not a specialist of the stomach, but I am and have been teaching diseases of the stomach and all these cases come under my jurisdiction. Dr. Westmoreland is a surgeon, not a stomach specialist. Dr. Hancock is not a stomach specialist. If you find starch granules in the stomach undigested and cabbage undigested and thirty two degrees of hydrochloric acid in the

Visible Translated Text Is As Follows: by an examination what stage of digestion certain things were in. There are so many exceptions to the rule. As to whether the cabbage had been digested or not, if whole pieces of cabbage were there I could tell, but if you could not find the cabbage either with the naked eye or the microscope, I would say that it had been digested. I don't know how long it takes an ordinary stomach to digest turnips. If a 13 year old child ate cabbage and bread on Saturday and her body was found that

Visible Translated Text Is As Follows: REDIRECT EXAMINATION. That cabbage doesn't look (State's Exhibit G)as if it had been chewed at all. Cabbage chewed that way would behard to digest.JOHN ASHLEY JONES, sworn for the defendant.I have known Mr. Frank about a year and eighteen months. Hisgeneral character is good.CROSS EXAMINATION. I am a resident agent for the New York LifeInsurance Company. I don't know any of the girls at the pencilfactory. I have never heard any talk of Mr. Frank's practices andrelations with the girls down there. Mr. Frank has a policy ofinsurance with us. It is our custom

Visible Translated Text Is As Follows: his office,although I have been there a number of times, I have never heard that he smiled and winked at young girls.REDIRECT EXAMINATION. This is the letter I wrote to the Grand Jury: Mr.W.D.Beatty, Atlanta, Ga. My Dear Sir: Without having the slightest intention of interfering in any way in matters which do not concern me, I believe the interest which any good citizen has in impartial justice warrants my saying that the business men to whom I have talked, commend very strongly the attitude of the Grand Jury in its disposition to at

Visible Translated Text Is As Follows: within an hour or two after death. Such a wound could be afflictedand a person remain perfectly unconscious. Fractured skull doesnot necessarily produce unconsciousness. Cabbage is a carbohydrate.It is considered the hardest food to digest among carbohydratesbecause it has so much cellulose, which is woody fibre. The olderthe cabbage is the more cellulose it has. Cabbage gets its diges-tion in the mouth. That cabbage (State's Exhibit G ) has not beenmasticated thoroughly. They have been swallowed almost whole. Rawcabbage is easier digested than cooked cabbage. Cooked cabbage isthe most indigestible form of it. It

Visible Translated Text Is As Follows: I have seen cabbage less changed than that cabbage you exhibited to me (State's Exhibit G) that has remained in the stomach 18 hours. Bread and cabbage would not begin to pass out of the stomach until 1 1/2 to three hours. A blow on the back of the head could blacken the eye. It would be perfectly possible for the epithelium of the vagina to be ruptured by the fingers in making a digital examination it would be more liable to rupture ten hours after this than immediately before this. Decomposition destroys the

Visible Translated Text Is As Follows: stomachs have certain idiosyncracies. In normal stomachs is supposed to go along certain stipulated rules. You find free hydrochloric acid in any stomach that has food in any stage of digestion. As to whether you could ever find free hydrochloric acid in the stomach immediately after taking Ewald's test breakfast, would depend entirely on the state of the glands, and how long previous digestion had been in the stomach. As to the total acidity in a stomach after such a test, that is for a laboratory man. If you take cabbage out of a

Visible Translated Text Is As Follows: ALFRED LORING LANE Sworn for the defendant.I am a resident of Brooklyn, N.Y. I have known Leo Frank about 15 years. I knew him four years at Pratt Institute, which we both attended. I also knew him after he returned from Cornell University. His general character is good.PHILIP NASH, Sworn for the defendant.I live in Ridgewood, N.J. I am connected with the N.Y. Telephone Company, in New York City. I knew Leo Frank four years at Pratt Institute. I was in his class. His general character is good.RICHARD A WRIGHT, Sworn for the defendant.I

Visible Translated Text Is As Follows: PROF. C. D. ALBERT, Sworn for the defendant.I am professor of machine designs in Cornell University.I have held that chair for five years. I knew Leo M. Frank fortwo years while he attended the university. At that time I wasInstructor in mechanical laboratory work, and as such I came in contactwith him. His character was very good.PROF. J. E. VANDERHOE, Sworn for the defendant.I am foreman of the foundry at Cornell University. I knewLeo M. Frank for two years when he attended the university. His char-acter was good.CROSS EXAMINATION. I have been in Cornell

Visible Translated Text Is As Follows: ARTHUR HEYMAN, Sworn for the defendant.I practiced law about nineteen years in Atlanta. I have known Leo Frank for three or four years. His general character is good.CROSS EXAMINATION. I have been with him seven or eight times in three years. I have been with him, say, I suppose, five or six times, probably for 15 or 20 minutes at a time. I have never heard any reference made to his relation with the girls in the factory.MRS. H. GLOGOWSKI, Sworn for the defendant.I keep a boarding house in this city. I have known

Visible Translated Text Is As Follows: MISS IDA HAYS, Sworn for the defendant.I work at the pencil factory on the fourth floor. I have known Mr.Frank for two years. His general character is good. I have known Conley for two years. His general character for truth and veracity is bad--I would not believe him on oath.CROSS EXAMINATION. Conley borrowed money and promised to pay it back, but he didn't do it. We would get it after awhile. He tried to borrow money from me, but I refused to let him have it.MISS BULA MAY FLOWERS, Sworn for the defendant.I work

Visible Translated Text Is As Follows: ry. I was forelady at the factory for about three years.MISS SARAH BARNES, Sworn for the defendant.I worked at the pencil factory over four years. His character is good. I have never heard anything bad. He has been the best of men.CROSS EXAMINATION. No one ever talked to me about what I was going to swear. I have told Mr. Arnold what I have told here. I never went with Mr. Frank for any immoral purpose anywhere.MISS IRINE JACKSON. Sworn for the defendant.I worked at the pencil factory for three years. So far as

Visible Translated Text Is As Follows: REDIRBCT EXAMINATION. My father made me quit, after the murder. There are two windows in the dressing room opening on Forsyth St. I think there had been some complaints of the girls flirting through those windows. I have heard of some of the girls flirting through the windows. The orders were against the girls flirting through the windows. Mr.Frank never came into the room at all, he pushed the door open and just looked, my sister and I were both dressed when Mr.Frank looked in the door. The other time that he came in

Visible Translated Text Is As Follows: been there three years. Mr. Frank's general character is good. I have never heard anything against him. I have never met Mr. Frank anywhere or at any time for any immoral purpose. I have made complaint about girls flirting out of the windows with the men on the outside. After seven o'clock, the girls are not supposed to be in the dressing room. There is no toilet or bathtub in the dressing room. There is no lock on the door.CROSS EXAMINATION. They were all complaining up there on the fourth floor about the girls

Visible Translated Text Is As Follows: MISS EMILY MAYFIELD, Sworn for the defendant.I worked at the pencil factory last year during the summer of 1912. I have never been in the dressing room when Mr.Frank would come in and look at anybody that was undressing.CROSS EXAMINATION. I work at Jacob's Pharmacy. My sister used to work also at the pencil factory. I don't remember any occasion when Mr.Frank came in the dressing room door. While Miss Irene Jackson and her sister were there.MISSBS VELMA HATZ, ESTELLE, ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT and NOBELLA THOMAS. All sworn for the defendant,

Visible Translated Text Is As Follows: W. H. RICE, I. H. MOSS, MRS. I. H. MOSS, MRS. JOSEPH BROWN, M.E.FIM PATRICK, EMIL DITTER, WM. BAUER, MRS. M. A. LOEB, AL. FOX,MRS. MARTIN MAY, JULIAN V. BOHR, MRS. P. L. ROSENBERG - M. H.SILVERMAIL, MRS. M. L. STRAUS, CHAR. ADLER, MR. R. A. SOHN, MISSRAY KIRKIN, A. J. JONES, L. H. HIRSCH, J. B. KERIN, J. FOX, MARCUSLOEB, FRED HELLERBROH, A. C. HOLLOWAY, MILTON KLEIN, MRS. J. E.SOMMERFIELD, NATHAN ODOMAL, all sworn for the defendant, testified that they were residents of the City of Atlanta, and haveknown Leo M. Frank ever

Visible Translated Text Is As Follows: STATEMENT OF LEO M. FRANK.Gentlemen of the Jury: In the year 1884, on the 17th day of April, I was born in Texas. At the age of three months, my parents took me to Brooklyn, New York, and I remained in my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn, and prepared for college, in Pratt Institute, Brooklyn, New York. In the fall of 1902, I entered Cornell University, where I took the course in mechanical engineering, and graduated after four years, in

Visible Translated Text Is As Follows: my life. My duties as Superintendent of the National Pencil Company were, in general, as follows: I had charge of the technical and mechanical end of the factory, looking after the operations and seeing that the product was turned out in quality equal to the standard which is set by our competitors. I looked after the installation of new machinery and the purchase of new machinery. In addition to that, I had charge of the office work at the Forsyth Street plant, and general supervision of the lead plant, which is situated on Bell

Visible Translated Text Is As Follows: This checking took me until about 12:30, P. M. when I made out the amount on a slip of paper that I wished to have drawn from the bank, went over to Montag Brothers, had the checks drawn and signed by Mr. Sigmond Montag, after which I returned to Forsyth Street and got the leather bag in which I usually carry the money and the coin from the bank, and got the slip on which I had written the various denominations in which I desired to have the pay-roll made out, accompanied by Mr.

Visible Translated Text Is As Follows: of the help took place, Mr. Schiff taking all the envelopesthat were due the help who had worked from April 16th to 24th,inclusive, out to the pay-roll window, which is entirely out-side of either my inner office or the outer office and outin the hall beyond,--a little window that we have built. Isat in my office, checking over the amount of money which hadbeen left over. This amount was equal,--or should have beenequal, to the amount that had been looked out in advance tohelp and had been deducted when we were filling the envelopes.In

Visible Translated Text Is As Follows: the way we usually do with the time clock. After placingthese slips in the clock and bringing those back in the office,Mr. Schiff and myself left for home, I think about 6:30. Ineglected to state that while I was still in the office, Mr.Schiff was paying off Newt Lee--these are the two time slips Itook out---Gentlemen, as I was saying, these two slips that had April 26th,1913 written at the bottom are the two slips I put in the clockon the evening of Friday April 25th, to be used on the dayfollowing, which, of

Visible Translated Text Is As Follows: way; I found Alonzo Mann, the office boy, in the outer office,I took off my coat and hat and sat upon my desk and opened thesafe, and assorted the various cases and files and wire trayscontaining the various papers that were placed there the eveningbefore, and distributed them in their proper places about theoffice. I then went out to the shipping room and conversed afew minutes with Mr. Irby, who at that time was shipping clerk,concerning the work which he was going to do that morning,through, to the best of my recollection, we did

Visible Translated Text Is As Follows: It is very important that the prices be correct, that the amount of goods shipped agree with the amount which is on the invoice, and that the terms are correct, and that the address is correct, and also in some cases, I don't know whether there is one like that here, there are freight deductions, all of which have to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer more than to receive invoices that are incorrect; moreover, on this morning, this operation of this

Visible Translated Text Is As Follows: stamped "The Packard Motor Car Company," 125 gross of No. 3 and 50 gross of No. 4; those figures represent the grade or hardness of the lead in the pencils; we shipped 100 gross of No. 2, 11 1/2 gross of No. 3, and 49 gross of No. 4, the amount of the shipment of No. 3 is short of the amount the customer ordered, therefore, there is a suspense shipment card attached to it, as you will notice; the first shipment on this order took place on April 24th, it was a special

Visible Translated Text Is As Follows: to be particularly careful with, because all these five and ten cent syndicates have a great deal red tape. These invoices, though they were typed on April 25th, Friday, were shipped on April 24th, and bear date at the top on which the shipment was made, irrespective of the date on which these are typewritten; in other words, the shipments took place April 24th, and that date is at the top, typewritten, and a stamp by the office boy at the bottom, April 24th. Among other things that the S. H. Kress Company demands

Visible Translated Text Is As Follows: Smith came in and asked me for her pay envelope, and for that of her sister-in-law, and I went to the safe and unlocked it and got out the package of envelopes that Mr. Schiff had given me the evening before, and gave her the required two envelopes, and placed the remaining envelopes that I got out, that were left over from the day previous, in my cash box, where I would have them handy in case others might come in, and I wanted to have them near at hand without having to jump

Visible Translated Text Is As Follows: bought a package of Favorite cigarettes, either when I had our drink, we conversed together there for some time, and I lighted a cigarette and told him good-bye, as he went in one direction, and I went on my way then to Montag Brothers', where I arrived, as nearly as may be, at 10 o'clock, or a little after; on entering Montag Brothers, I spoke to Mr. Sig. Montag, the General Manager of the business, and then the papers which I collected, which lay on his desk, I took the papers out and transferred

Visible Translated Text Is As Follows: manufacture the orders had proceeded, but he would go backwith me then I would be very glad to look for it, and then tellhim when we could ship them, and he said he couldn't go rightaway, he was busy, but he would come a little later, and I toldhim I would be glad for him to come over later that morning orin the afternoon, as I would be there until about 1 o'clockin the morning, and after three. I then took my folder and re-turned to Forsyth Street alone. On arrival at Forsyth Street,I

Visible Translated Text Is As Follows: sheet which contains the record of pencils punched for the week didn't include the report for Thursday, the day the fiscal week ends; Mr. Schiff evidently, in the stress of getting up, figuring out and filling the envelopes for the pay-roll on Friday, instead of, as usual, on Friday and half the day Saturday, had evidently not had enough time. I told Alonzo Mann, the office boy, to call up Mr. Schiff, and find out when he was coming down, and Alonzo told me after he came back over the telephone that Mr. Schiff

Visible Translated Text Is As Follows: the typewriting of these letters and brought them to my deskto read over and sign, which work I started doing as Clerk andMiss Hall left the office, as near as may be, at a quarter totwelve, and went out, and I started to work reading over theletters and signing the mail. I have the carbon copies ofthese letters which Miss Hall typewrote for me that morninghere, attached to the letters from customers, or the partieswhose letter I was answering; they have been introduced, andhave been identified. I see them here (Defendant's Exhibit 8),--Southern Bargain

Visible Translated Text Is As Follows: ed to me, almost immediately, calling into my office that she had forgotten something, and then she left for good. Then I started in, we transcribed, first we enter all orders into the house order book (Defendant's Exhibit 18), all these orders which Miss Hall had acknowledged, I entered in that book, and I will explain that matter in detail. There has been some question raised about this, but I believe we can make it very clear. Here is an order from Beutell Brothers Company (Defendant's Exhibit 21); the very first operation on an

Visible Translated Text Is As Follows: of the fact that up here at the top was 4-2, this order was written in pencil, of course it is written in pencil on this is an order from F. W. Woolworth & Company (Def's Ex. 17); that is a Five & Ten Cent syndicate, as you know, probably the largest in the world, that has over 700 stores, and these stores would be so bulky for one office to handle that the 700 stores are divided into different groups or provinces, and in charge of each group there is a certain office;

Visible Translated Text Is As Follows: the Manager or the Clerk of the Manager or some one in thatF. W. Woolworth store. Here is one from Wilkesbarre itself(Deft's. Ex. 18), that is from the head office itself. Hereis one from St. Joseph, Mo. (Deft's. Ex. 14) viz. St. Louis, thatbears the validation stamp of the St. Louis head office. Yougentlemen understand these people are great big people, a greatbig syndicate, and they have to do their clerical work accordingto a system that is correct. Now, then, that was the firstoperation on these orders after we separated them from theother mail,

Visible Translated Text Is As Follows: shows to whom the goods are to be shipped, of course that is not very difficult to do, that is just a mere copy. The store numbers are put down in case the stores have numbers, and then one must look over the order; I notice that one of the orders is one to R. E. Kendall (Def't's Ex. 24) at Plum St., Cincinnati, O., calling for a special, and that has to be noted in this column here, you will notice regular or special, notice here the word special our here opposite R.

Visible Translated Text Is As Follows: orders and find out the number of gross of pencils which our customers order which fall in certain price groups, that is, to find the number of gross of pencils for which the Pencil Factory gets 60 cents a gross, and I put them down under the first column, the second under the column RI, which means rubber inserted, and for which we get an average price of 80 cents, I go through the same thing and put the figures all out, in this case, it was 102; then we have a price group

Visible Translated Text Is As Follows: (Bert's Exs. 25-35). That is my handwriting and you can read every one of them through (Def't's Exs. 25-35). Here is one, F. W. Wolworth, I wrote that one, and another one F. W. Wolworth, I wrote that one, and another one F. W. Wolworth. Here is one 5 and 10 cent store, Sault Ste Marie (Def't's Ex. 31), I wrote that one, and here is F. W. Wolworth, DeKalb, Illinois, and Logansport, Indiana (Def't's Ex. 27). That is all my hand-writing, excepting the amounts that are placed down here under the dates when

Visible Translated Text Is As Follows: which way it came from; just passed her by and I had that impression. This little girl had evidently worked in the metal department by her question and had been laid off owing to the fact that some metal that had been ordered had not arrived at the factory; hence, her question. I only recognized this little girl from having seen her around the plant and did not know her name, simply identifying her envelope from her having called-her number to me.She had left the plant hardly five minutes when Lemmie Quinn, the foreman

Visible Translated Text Is As Follows: keep them several hours. I noticed that they had laid out some work and I had to see what work they had done and were going to do. I asked Mr. White's wife if she was going or would stay there as I would be obliged to lock up the factory, and Mrs. White said, No, she would go then. I went down and gathered up my papers and locked my desk and went around and washed my hands and put on my hat and coat and locked the inner door to my office

Visible Translated Text Is As Follows: I had to do at the factory, I would be unable to go with him, he having invited me to go with him out to the ballgame. I succeeded in getting his residence and his cook answered the phone and told me that Mr. Ursenbach had not come back home. I told her to give him a message for me, that I would be unable to go with him. I turned around and continued eating my lunch, and after a few minutes my wife and mother-in-law finished their dinner and left and told me

Visible Translated Text Is As Follows: Then I walked on down Whitehall on the side of Mr. M. Rich &Bros. Store towards Brown & Allen; when I got in front ofM. Rich & Bros. store, I stood there between half past 2 andfew minutes to 3 o'clock until the parade passed entirely;then I crossed the street and went on down to Jacobs and wentin and purchased twenty five cents worth of cigars. I thenleft the store and went on down Alabama street to Forsythstreet and down Forsyth street to the factory. I unlocked thestreet door and then unlocked the inner

Visible Translated Text Is As Follows: told him that I had no way of letting him know sooner that I was to be there at work and that I had changed my mind about going to the ball game. I told him that he could go if he wanted to or he could amuse himself in any (way) that he saw fit for an hour and a half, but to be sure and be back by half past six o'clock. He went off down the stair case leading out and I returned to my office. Now, in reference to Newt

Visible Translated Text Is As Follows: Well, I expect you have gotten enough of a glance at them for you to know that there are a great many pencils and a great many colors, all sorts and styles; all sorts of tips, all sorts of rubbers, all sorts of stamps--I expect there are 140 pencils in that roll. That shows the variety of goods we manufacture. We not only have certain set numbers that we manufacture, but we will manufacture any pencil to order for any customer who desires an efficient number of a special pencil, into a grade similar

Visible Translated Text Is As Follows: the name of the customer, if he was a business in a sufficient quantity. Well, I had to go through this report for Thursday, handed in by Miss Flowers, the forelady of the packing department, as she said, on Friday I had to go through it and make the entries. Now, after I made the entries, I had to total each number for itself; that is, the number of 10-X, 20-X, etc. Now, I notice that both of the expert accountants who got on the stand, pointed out errors. While those errors are trivial,

Visible Translated Text Is As Follows: May handed this in from the packing room proper, there is another room where pencils are packed, viz: the department under the foreladyship of Miss Fannie Atherton, head of the job department. The jobs are our second or throw-outs for which we get less money, of course, than for the first. You see that Fannie A (Def'ts Ex. 4b); that is Fannie Atherton. That is the job department. Now, I took each of those job sheets and separated them from the rest of those sheets, finding out how many jobs of the various kinds

Visible Translated Text Is As Follows: pencils, which are the two figures most important, I divided one by the other. I also used, in getting up the data for the financial sheet, by the way, 'one of the most important sheets' is this very little sheet here (Def't's Ex. 40). It looks very small, but the work connected with it is very large. Now, some of the items that appear on there are gotten from the reports which are handed in by the various forewomen. Now you saw on the stand this morning Mr. Godfrey Winekauf, the Superintendent of the

Visible Translated Text Is As Follows: of 4374 gross. Now, there is another little slip of paper (Def'ts Ex. 4a) here that requires one of the most complicated calculations of this entire financial, and I will explain it. It shows the repack, and I notice an error on it here, it says here 4-17, when it ought to be 4-18; in other words, it goes from 4-17 through 4-24. That repack is gotten up by Miss Eula May; you will notice it is O.K.'d by her. Miss Eula May Flowers, the forelady, packed that; that is the amount of pencils

Visible Translated Text Is As Follows: That added up, as you will see, to $70.00. In other words, there were 40 gross of pencils, 36 gross of which sell in our medium price goods; 86 gross 35-K; 10 gross 930-X, $2.50, that is a high priced goods. Therefore, the re-pack for that week was 36 gross medium priced goods and 10 gross of high price goods. I will show you now where the $70.00 is and where the 36' grosses is, and where the 10 gross figured in the financial sheet (Def't's Ex 4). There is a little sheet stuck

Visible Translated Text Is As Follows: Ex. 9(a) I had to work on, showing the pencils that were repacked, going into the display boxes, and the numbers, and subtracted that from the total amount 46 from 2755 1/2, which leaves 2719 1/2; in other words, I just deducted the amount that had been taken out of the stock room and repacked from the total amount that was stated to be packed, showing the amount of repacked goods. Now all I had to do was to copy that off, it had been figured once. The value of the repack was $70.00;

Visible Translated Text Is As Follows: are many pencils that don't take rubber at all. There are jobs that don't take rubber on them, plain common pencils, going pencils that don't have rubber on them at all, and I have to go through all of that operation, that tedious operation again that eats up so much time. Then there is the lead of the various kinds that we use; there is good lead and cheap lead, the large lead and the thick or carbon lead, and the copying lead. That same operation has to be gone through again. Now this

Visible Translated Text Is As Follows: some common factor, so I make the multiplication in figuring out the cost at two cents. That involves quite a mathematical manipulation. Then I come to the skeleton. Skeletons are no more than just a trade name. They are just little cardboard tiers to keep one pencil away from the other, that is all a skeleton is. I have to go through and find out which pencils are skeletons. If it is a cheap pencil, they are just tied up with a cord, and there are pencils in a bunch, and there are pencils

Visible Translated Text Is As Follows: our lead plant delivery, for information. Then the slat delivery, that is not worked out simply because that is Mr. Schiff's duty to work that out, and that it is a very tedious and long job and when I started in to do that I couldn't find the sheet showing the different deliveries of slats from the mill, so I let that go, intending to put that in on Monday, but on Monday following I was at the police station. I took out from this job (Defendant's Ex. 4b) sheet the correct amount of

Visible Translated Text Is As Follows: from this sheet, the last entry in A, which I had to make.Then the orders received. The entry of the orders received that day involved absolutely no more work on my part than the mere transfer of the entries. On this blue sheet (Defendant's Ex. 1) I have here the orders received are in terms of "Total gross" and "Total value," and we need that to compare the amount of shipments with the amount of orders we are receiving to see whether we are shipping more than we are receiving, or receiving more than

Visible Translated Text Is As Follows: and credit sides of a ledger is the Value", "gross Value"of the goods which have been packed up during a given week.Down here below you will notice "Less repacked." You rememberthe repacked, that I told you about, the pencils taken out ofstock and repacked to make them move better. That value isdeducted, so that it won't allow error to enter into thisfigure. Then we take off 12% down at the bottom. That12% allows for freight allowance, cash discounts, insidetrade discounts, and possibly other allowances, and gives usthe net value or the net amount of