Author: Historical Librarian


HARRY GOTTHEIMER, Sworn In For The Defendant, 70th To Testify

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HARRY GOTTHEIMER, sworn for the Defendant.I am a traveling salesman. I make two trips a year for the National Pencil Company, from the first of February to the first of April, and from the first of September to the fifteenth of October. I was at Montag Bros. around ten o'clock on April 26th. I had come in from my trip on the road and was writing up my orders. I had been away ten days. Mr. Frank came in after I got there. I asked him about two important orders as to their shipments and he replied that he couldn't

MRS RACHEL JACOBS FRANK, Sworn In For The Defendant, 71st To Testify

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MRS. RACHEL JACOBS FRANK, sworn for the Defendant.I am the mother of Leo Frank. I live in Brooklyn. I lived in Texas three years, where Leo was born. Mr. Moses Frank of Atlanta is my husband's brother. I saw him at Hotel Mc Alpin in New York City on April 27th and April 28th 1913. The letter that you hand me (Defendant's Exhibit 42) I saw on Monday, April 28th 1913. It is my son's handwriting. This sheet (Defendant's Exhibit 43) is a sort of financial sheet. I had lunch with Mr. Moses Frank at Hotel Mc Alpin on Monday,

OSCAR PAPPENHEIMER, Sworn In For The Defendant, 72nd To Testify

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OSCAR PAPPENHEIMER, sworn for the Defendant.I am in the furniture business. I am also a stockholder of the National Pencil Company. I have been getting comparative sheets as to the weekly business of the Company from Frank since March, 1910. Up to the time the Post Office distributed mail on Sunday, I used to always go to the Post Office to get my mail and always found this report on Sunday morning. When I quit going to the Post Office on Sundays I received the reports in the first mail on Monday mornings. I have here the report for the

C F URSENBACH, Sworn In For The Defendant, 73rd To Testify

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C. F. Ursenbach, 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 on him. He seemed

MRS C F URSENBACH, Sworn In For The Defendant, 74th To Testify

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MRS. C. F. URSENBACH, sworn for the Defendant.I am Mrs. Leo Frank's sister. I received a telephone message for Mr. Ursenbach from Mr. Frank through my cook on Saturday at half past one. I saw no scratches, bruises, or marks on Mr. Frank on Sunday. He was nervous as one would have been under the circumstances. He borrowed a rain coat from my husband that afternoon. The rain coat was at our house on Saturday. It was there when my husband asked him if he would wear it on Sunday. Mr. Frank did not have it on Saturday.CROSS EXAMINATION.On Sunday

MRS ALEXANDER E MARCUS, Sworn In For The Defendant, 75th To Testify

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MRS. ALEXANDER E. MARCUS, sworn for the Defendant.I am a sister of Mrs. Leo 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 me something funny about a baseball joke. We were still playing when he went to bed.MRS ALEXANDER E MARCUS, Sworn In For The Defendant, 75th To Testify

MRS M MARCUS, Sworn In For The Defendant, 76th To Testify

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MRS. M. MARCUS, sworn for the Defendant.I am no relation of Mr. or Mrs. Frank. I saw Mr. Frank at half past eight or a quarter to nine in the evening on April 26th, at Mrs. Selig's residence. We played cards there. Mr. Frank opened the door for us. He stayed in the hall reading. We played cards in the dining room. He went to bed between ten and half after ten. He appeared as natural as usual. I left the house about twelve o'clock.CROSS EXAMINATION.We had a game of cards every Saturday afternoon at somebody else's house.MRS M MARCUS,

M J GOLDSTEIN, Sworn In For The Defendant, 77th To Testify

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M. J. GOLDSTEIN, sworn for the Defendant.I played cards Saturday night, April 26th, at Mrs. Selig's house. I got there about 8:15. We played in the dining room. Mr. Frank was sitting in the hall. There was nothing unusual about him, no nervousness or anxiety. There was nothing that attracted our attention. I have never known Mr. or Mrs. Frank to play poker. I should say he went to bed about 10:30. His wife followed about fifteen minutes afterwards. I never noticed any marks or bruises about his person.CROSS EXAMINATION.He came in while we were playing to tell us of

I STRAUSS, Sworn In For The Defendant, 78th To Testify

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I. STRAUSS, sworn for the Defendant.I was at the home of Mrs. Selig, Saturday night, playing cards. I got there about 10:30. Mr. Frank let me in. While we played he was sitting in the hall reading. I could see him through the door. There was nothing unusual about him. He went to bed immediately after I got there. His wife went to bed soon afterwards.I STRAUSS, Sworn In For The Defendant, 78th To Testify

SIGMUND MONTAG, Sworn In For The Defendant, 79th To Testify

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SIGMUND MONTAG, sworn for the Defendant.I am engaged in manufacturing stationery. I am treasurer of the National Pencil Company. The company receives its mail at my office, which is two blocks from the pencil factory. Frank comes to my office every day of the year to get the mail and instructions with regard to orders and the business of the factory. He came to my office on April 26th, about ten o'clock and stayed about an hour. He talked to me, my stenographer, Miss Hattie Hall, and Mr. Gottheimer, one of the salesman. Up to about a year ago I

TRUMAN MCCRARY, C, Sworn In For The Defendant, 80th To Testify

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TRUMAN Mc CRARY, (colored), sworn for the Defendant.I am a drayman on the streets of Atlanta. I work for the National Pencil Company. I have hauled for them. I have drayed for them most every Saturday for the past three years. I would work on Saturday afternoons until half past three and sometimes as late as five. I would be sometimes there so late the shipping clerk would be gone. I have never found the front door locked on a Saturday afternoon. I have never seen Jim Conley watching there Saturday afternoon. I have never seen him guarding the door.

D J NIX, Sworn In For The Defendant, 81st To Testify

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D. J. NIX, sworn for the Defendant.I was office boy at the pencil factory from April, 1912, to October, 1912. I worked there every other Saturday until the first of September, and then every Saturday thereafter. I am 19 years old. Before Sept. 1, I worked on Saturdays until between four and six o'clock. On Saturdays after Sept. 1, I worked until between 5:30 and 6. I have never missed any days while I have been at the factory. On Saturday afternoons, Mr. Frank and Mr. Schiff would be there working. I would stay in the outer office. I never

FRANK PAYNE, Sworn In For The Defendant, 82nd To Testify

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FRANK PAYNE, sworn for the Defendant.I was office boy last Thanksgiving day at the pencil factory. It was snowing that day. I am 16 years old. Mr. Schiff and Mr. Frank were working there in the office that day. Mr. Schiff sent me up on the fourth floor to straighten the boxes up. Jim Conley was there sweeping. He left the factory about 10:20. I left about 11. He had finished his work. I went by the office to get my coat. Mr. Schiff and Mr. Frank were still working. When I left I did not see Conley anywhere about

PHILLIP CHAMBERS, Sworn In For The Defendant, 83rd To Testify

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PHILLIP CHAMBERS, sworn for the Defendant.I am 15 years old. I started working for them December 12, 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 2. Sometimes on Saturdays I would be sent to Montag's for 15 minutes, to get the mail. I would sometimes go out to the Bell Street plant to get the pay roll there. I

GODFREY WEINKAUF, Sworn In For The Defendant, 84th To Testify

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GODFREY WEINKAUF, sworn for the Defendant.I am superintendent of the Pencil Company's lead plant. Beginning with July, 1912, up until the first week in January, 1913, I visited the office of the pencil factory every other Saturday, between three and five o'clock. I would stay there about two hours. I would find Mr. Holloway, Mr. Frank and Mr. Schiff there. I never saw any women in the office there.CROSS EXAMINATION.I never saw Jim Conley there at the factory on Saturday afternoon. I am sure I saw Holloway there on Saturday afternoon.GODFREY WEINKAUF, Sworn In For The Defendant, 84th To Testify

CHARLIE LEE, Sworn In For The Defendant, 85th To Testify

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CHARLIE LEE, sworn for the Defendant.I am a machinist at the pencil factory. I remember an 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 the office, you go

ARTHUR PRIDE COLORED, Sworn In For The Defendant, 86th To Testify

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ARTHUR PRIDE (colored), sworn for the Defendant.I worked on the second floor of the factory. On Saturdays I work all over the factory, doing anything that is necessary. Beginning with July of last year I have not missed a single Saturday afternoon at the factory. I would work until about half past four. I have never seen any women come up there and see Mr. Frank, or any drinking going on there, or seen Jim Conley sitting and watching the door. The employees used the back stairs leading from the metal room to the third floor. You can hear the

DAISY HOPKINS, Sworn In For The Defendant, 87th To Testify

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DAISY HOPKINS, sworn for the Defendant.I am a married woman. I worked in the factory from October, 1911, to June 1, 1912. I worked in the packing department on the second floor. Mr. Frank never spoke to me when he would pass. I never did speak to him. I've never been in his office drinking beer, coca-cola, or anything else. I know Dalton when I see him. I never visited the factory with him. I never have been with him until I went to his house to see Mrs. Taylor, who lived with him then. That was the only place

MISS LAURA ATKINSON, Sworn In For The Defendant, 88th To Testify

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MISS LAURA ATKINSON, sworn for the Defendant.I have been in Mr. Dalton's company three times. I never met him at the Busy Bee Cafe. I have never walked with him to or from the pencil company. I have never walked home with him.CROSS EXAMINATION.I worked at the National Pencil factory two days last month. I have known Mr. Dalton six months. I have been in his company three times. I did not know Daisy Hopkins.MISS LAURA ATKINSON, Sworn In For The Defendant, 88th To Testify

MRS MINNIE SMITH, Sworn In For The Defendant, 89th To Testify

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MRS. MINNIE SMITH, sworn for the Defendant.I work at the pencil factory. I do not know C. B. Dalton. I live at 148 S. Forsyth Street. I have never met Dalton or walked home with him. I don't know the man. I know Mr. Frank. I have spoken to him six times in the four years and a half that I worked there.CROSS EXAMINATION WAIVED.MRS MINNIE SMITH, Sworn In For The Defendant, 89th To Testify

I M HAMILTON, Sworn In For The Defendant, 90th To Testify

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V. S. Cooper to I. M. Hamilton. All sworn for the defendant.V. S. Cooper, W. T. Mitchell, O. A. Nix, Samuel Craig, B. L. Patterson, Robert Craig, Ed Craig, T. L. Ambrose, J. P. Bird, J. H. Patrick and I. M. Hamilton testified that they lived in Gwinnett or Walton County; that they used to know C. B. Dalton before he left Monroe in Walton County, that his general character for truth and veracity is bad, and that they would not believe him on oath.I M HAMILTON, Sworn In For The Defendant, 90th To Testify

R L BAUER, Sworn In For The Defendant, 91st To Testify

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R. L. BAUER, sworn for the Defendant.During the summer of 1909 and 1910, I worked at the National Pencil 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. Schiff was off on his trip. I was up at the office on the Saturday afternoon before Mr. Schiff went away. Mr. Holloway, Mr. Schiff, Mr. Frank and the office boy were there. I have never seen any women in

GORDON BAILEY, C, Sworn In For The Defendant, 92nd To Testify

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GORDON BAILEY, (colored) sworn for the Defendant.I work at the factory. I am sometimes called "Snowball." I never saw Jim Conley talk to Mr. Frank the Friday before the murder. I have never, at any time, heard Mr. Frank ask Conley to come back on any Saturday. I have never seen Mr. Frank bring in any women into the factory. I have never seen Jim Conley guarding or watching the door. I have seen Jim take newspapers and look at it, but I don't know if he read them or not. I have seen him have papers at the station

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