Author: Historical Librarian

Visible Translated Text Is As Follows: Q. Did you ever hear C. D. Donegan talk about Frank?A. No, sir.Q. You never heard any of these factory people talk about him?A. No, sir.The Court erred in permitting the solicitor, although the witness denied hearing all of the remarks referred to, to say in the presence of the jury that he was not four-flushing, but that he was trying to bring the witnesses there, thereby improperly saying to the jury that he had such witnesses and meant to bring them in.The Court erred in not withdrawing this whole subject from the jury

Visible Translated Text Is As Follows: Mr. Arnold: I got it out of the public prints, at the time, Mr. Dorsey published all over the country, I read it in the newspapers, that's where I got it.Mr. Dorsey (resuming): On April 15, 1913, Mr. C. M. Pickett, the district attorney of the City of San Francisco, wrote a letter—Mr. Pickett and Mr. Arnold. I want to object to any communication between Mr. Pickett and Mr. Dorsey—it's just a personal letter from one man, and I could write to some other person there and get fifty just as satisfactory to me,

Visible Translated Text Is As Follows: The Court: You can state, Mr. Dorsey, to the jury, your information about the Durant case, just like he did, but you can read anything—don’t introduce any evidence.Mr. Dorsey (resuming): My information is that nobody has ever confessed the murder of Blanche Lamont and Minnie Williams. But, gentlemen of the jury, as I’ll show you by reading this book, it was proved at the trial, and there can be no question about the fact, Theodore Durant was guilty, the body of one of these girls had been found in the belfry of the church

Visible Translated Text Is As Follows: The solicitor-general having, in his concluding argument, made the various statements of fact about the Durant case, as shown in the preceding ground of this motion, the judge erred in failing to charge the jury as follows, to-wit:“The jury are instructed that the facts of other cases read or stated in your hearing are to have no influence upon you in making your verdict.You are to try this case upon its own facts and upon the opinion you entertain of the evidence here introduced.”95. Because the Court should have given in charge the instruction

Visible Translated Text Is As Follows: wonderful endowments which, if directed in the right line, bring honor and glory; if those same faculties and talents are perverted and not controlled, as was the case with this man, they will carry him down. Look at McCue, the mayor of Charlottesville, a man of such reputation that the people ele- vated him to the head of that municipality, but notwithstanding that good reputation, he didn't have rock-ribbed character, and becoming tired of his wife, he shot her in the bath-tub, and the jury of gallant and noble and courageous Virginia gentlemen, noting

Visible Translated Text Is As Follows: Mr. Arnold: That's absolutely incorrect, they never saw Quinn there then, and never swore they did.Mr. Dorsey (resuming): No, they didn't see him there; I doubt if anybody else saw him there, either.Mr. Arnold: If a crowd of people here laughs every time we say anything how are we to hear the Court? He has made a whole lot of little misstatements, but I let those pass, but I am going to interrupt him on every substantial one he makes. He says those two young Quinns—says they say Quinn was there before 12, and

Visible Translated Text Is As Follows: the defendant's wife had not visited him for a certain time after he was firstimprisoned, told the jury:"Do you tell me that there lives a true wife, conscious of her husband'sinnocence, that wouldn't have gone through snap-shooters, reporters andeverything else, to have seen him."Whereupon the following colloquy ensued:Mr. Arnold: I must object to as unfair and outrageous an argument asthat, that his wife didn't go there because of any consciousness of guilt on hispart. I have sat here and heard the fairest argument I have ever heard,and I can't object to it, but I

Visible Translated Text Is As Follows: 98. Movant says that a new trial should be granted because of the following:The Solicitor-General, in his concluding argument to the jury, spoke as follows: -If there be a negro who accuses me of a crime of which I am innocent, I tell you, and you know it's true, I'm going to confront him, even before any attorney, no matter who he is, returns from Tallulah Falls, and if not then, I will tell you just as soon as that attorney does return, I'm going to see that that negro is brought into my

Visible Translated Text Is As Follows: Mr. Dorsey (resuming): Now, may it please Your Honor, if they don't see the force of it, you do—Mr. Rosser: I want to know, is Your Honor's ruling to be absolutely disregarded like that?The Court: Mr. Dorsey, stay inside of the record, and quit commenting on what they say and do.Mr. Dorsey: I am inside of the record, and Your Honor knows that's an entirely proper comment.Mr. Rosser: Your Honor rules—he says one thing and then says your Honor knows better.Mr. Dorsey: Your Honor knows I have got a right to comment on the

Visible Translated Text Is As Follows: The Solicitor-General, in his concluding argument, referring to the visitof the defendant to Bloomfield's undertaking establishment, on April 27, madethe following remarks to the jury:Frank says that he visited the morgue only once but twice. If hewent down there and visited that morgue and saw that child and identifiedher body, and it tore him all to pieces, as he says you it did, let any honestman, I don't care who he be, on this jury, seek to fathom the mystery of thisthing; tell me why it was, except for the answer I give you,

Visible Translated Text Is As Follows: Mr. Rosser: Now, the question of whether Boots said he went into that room is now easily settled. (Mr. Rosser here read that portion of the cross examination of the witness Rogers, stating that when Frank left the door of the undertaking room, he went out of view.)Mr. Dorsey: Well, that's cross examination, ain't it?Mr. Rosser: Yes, but I presume you would tell the truth on cross examination, I don't know; he passed out of his view, he didn't say he went into a room.Mr. Dorsey: Correct me if I'm wrong. Boots Rogers said

Visible Translated Text Is As Follows: Mr. Dorsey: Holloway says when he got back Monday morning it washung up in the office, but Boots Rogers said this man Frank—and he was sus-tained by other witnesses—when he came there to run that elevator Sundaymorning, found that power box unlocked.Mr. Rosser: That's not what you asked.Mr. Dorsey: Yes, it is.Mr. Rosser: You said Frank had the key in his pocket next morning,and that isn't the evidence, there's not a line to that effect.The Court: Do you still insist that he had it in his pocket?Mr. Dorsey: I don't care anything about that;

Visible Translated Text Is As Follows: Whereupon the following colloquy occurred:Mr. Arnold: There's not a word of evidence as to that, that's a grossly improper argument, and I move that that be withdrawn from the jury.Mr. Dorsey: I don't state it as a fact but I am suggesting it.Mr. Arnold: He has got no right to deduct it or suggest it, I just want your Honor to reprove it, reprimand him and withdraw it from the jury; I just make the motion, and your Honor can do as you please.Mr. Dorsey (resuming): I am going to show that there must

Visible Translated Text Is As Follows: 102. Movant further says that a new trial should be granted because ofthe following:The Solicitor-General, in his concluding argument, in referring to act ofJudge Roan discharging the witness Conley, from custody, stated:"Judge Roan did it, no reflection on the Sheriff, but with the friends ofthis man, Frank, pouring in there at all hours of the night, offering him sand-wiches and whiskey-and threatening his life, things that this Sheriff, who is asgood as the Chief of Police but no better, couldn't guard against because ofthe physical structure of the jail, Jim Conley asked, and His

Visible Translated Text Is As Follows: to act, and erroneous actions, by the Court, and because of such improper and illegal argument, movant says a new trial should be granted.103. Because the Court erred in failing to charge the jury, in reference to the witness, Jim Conley, that if the witness willfully and knowingly swore falsely as to a material matter, his testimony ought to be disregarded entirely, unless corroborated by the circumstances, or the testimony of other unimpeached witnesses.The Court erred in failing to charge the jury that, if they believed from the evidence, that Conley watched for Frank,

Visible Translated Text Is As Follows: EXHIBIT A.Georgia, Dougherty County.The State of Georgia ) Indictment for Murder.v. ) In Superior Court Fulton County, Georgia.Leo M. Frank. ) Motion for New Trial.Before me personally appeared R. L. Gremer, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is a resident of Albany, Ga., that he is acquainted with Mack Farkas, who works with Mr. Sam Farkas, who operates a livery stable and sale barn in Albany.Further deposing, he says that

Visible Translated Text Is As Follows: Frank jury, expressed himself as being convinced of Leo M. Frank's guilt of the murder of Mary Phagan; the exact language used by said party, deponent does not recollect, but his recollection is that he used the words "I believe Frank is guilty," referring to the murder of Mary Phagan.MACK FARKAS.Sworn to and subscribed before me this September 4, 1913.L. L. FORD,Notary Public Dougherty County, Georgia.EXHIBIT C.Georgia, Fulton County.State of Georgia, County of Fultonvs.Leo M. Frank.Fulton Superior Court.Personally appears Julian A. Lehman, who being duly sworn makes this affidavit to be used on the

Visible Translated Text Is As Follows: known and recognized by this deponent as one of the jurors who tried the Frank case and returned a verdict of guilty; said A. H. Henslee was at said Elks Club at the time mentioned, and made the statement in this deponent's hearing: "I am glad they indicted the God dam Jew. They ought to take him out and lynch him. And if I get on that jury I'd hang that Jew sure." This statement was made in connection with the indictment of Leo M. Frank for the murder of Mary Phagan, and made

Visible Translated Text Is As Follows: affidavit, and deponents have brought same to the attention of the Court at the earliest possible moment at which the Court could take cognizance of said affidavit; after the trial, which is the date on which the rule ni si is on return; that is, October 4, 1913, same being on that day presented to the Court as part of the motion for new trial.Further deposing, deponents say that, had they known at the trial of any of the facts or statements of the affiants which would disqualify, or tend to disqualify, said jurors,

Visible Translated Text Is As Follows: that he is personally acquainted with M. Johenning, one of the jurors in the above stated case, and that during the month of May, 1913, said M. Johenning had a conversation with this deponent, in which he discussed the death of little Mary Phagan.Further deposing he says that in said conversation the said juror, M. Johenning, expressed his opinion to deponent that Frank was guilty of the murder of Mary Phagan, and that it was necessary and conviction.Sworn to and subscribed before me this 2nd day of September, 1913.H. C. LOEVENHART.C. W. BURKE,Notary Public,

Visible Translated Text Is As Follows: Affiant further says that at and before said trial was entered on, and during the whole of said trial that affiant had no knowledge whatsoever as to M. Johenning and A. H. Henslee, two of the jurors, being prejudiced, partial and biased in said case, as evidenced by the affidavits of H. C. Lovenhart, Mrs. J. C. Lovenhart, Miss Marian Lovehart, S. Aron, Max Farkas, R. I. Greener, John W. Holmes, Shi Gray, S. M. Johnson, J. J. Nunnally, W. L. Ricker, J. A. Lehman, and C. P. Stough. Affiant did not know either

Visible Translated Text Is As Follows: During the course of the trial deponent saw the jury pass to the jury box from the rear of the court room, the jury passed immediately by this deponent and also by a man, whose name is unknown to this deponent, but who was a spectator in the court-room, who was sitting about three feet from this deponent, just across the aisle, no one being between this man and deponent; as the jury passed this man, at the time specified, this man took hold of one of the jurors, he took the juror by

Visible Translated Text Is As Follows: being in the automobile with him his mother Mrs. Rose Kay, and his brother, Sampson Kay; that as the automobile approached the corner of South Pryor and East Fair Streets, he observed the jurymen in the Frank case turn into South Pryor from the east, out of East Fair Street, and deponent stopped his automobile to look at the jury, and upon doing so noticed that walking alongside the jury were some six or seven other men. Deponent was on the west side of South Pryor Street while the jury and the above entitled

Visible Translated Text Is As Follows: EXHIBIT N.Georgia, Fulton County.The State of Georgiavs.Leo M. Frank. Fulton Superior Court.Personally appeared before the undersigned, a Notary Public in and forsaid county, Mrs. A. Shurman, who on oath says that she is a resident ofthe city of Atlanta, living at No. 240 Central Avenue. Deponent says thaton Monday morning, August 25th, 1913, the last day of the trial of the saidLeo M. Frank, she was in the court room of said court, she was present in the court roomin company with Miss Martha Kay, of No. 264 South Pryor Street, beforeroom and take

Visible Translated Text Is As Follows: EXHIBIT P.Georgia, Fulton County.The State of Georgia ) Fulton Superior Court.vs. )Leo M. Frank. )Personally appeared before me the undersigned a Notary Public in and for said county, Sampson Kay, who being duly sworn says that he is a resident of the city of Atlanta, living at No. 204 South Pryor Street. Deponent further says that on Saturday the 23rd day of August 1913, about 8 or 8:30 o’clock p. m. he saw the entire above entitled case walking along South Pryor Street with a deputy sheriff in front and another walking in the

Visible Translated Text Is As Follows: Union car shed, corner Pryor and Wall Streets, he still observed one of the figures in the jury-room peering southward, with both hands upon the window sill, whom he recognized as being Juror Smith, one of the jurors in the case of the State versus Leo M. Frank, then on trial. The other person, who had his head through the window peering southward, had by this time stuck his head back into the room, and deponent could not tell who he was.Sworn to and subscribed before methis 3d day of October, 1913.J. H. LEAVITT,Notary

Visible Translated Text Is As Follows: On the day aforesaid, to-wit—that the jury returned the verdict, Mr.Cochran was standing in front of the Court House at the time the jury came out of the Court House to go to dinner; at just about the time or near that time, and while the jury were in the vicinity of the same time or near licitor-General Hugh M. Dorsey came out of the Court House and went across the street to the Kiser building.Deponent says that at the appearance of Solicitor Dorsey on the street coming from the Court House, a crowd

Visible Translated Text Is As Follows: Just preceding Solicitor Dorsey, the jury had come out of the Court House and had gone a short way up the street to the German Cafe for lunch; at the time of this cheering, which could be heard for a great distance on all sides of the Court House, the jury were in easy hearing distance of the noise during the whole time when the crowd was cheering Solicitor Dorsey.Said demonstration over the Solicitor, occupied not less than three (3) minutes, and perhaps not exceeding five (5) minutes, and took place on the last

Visible Translated Text Is As Follows: jury came out of the court-room, Mr. Dorsey came out, and the crowd set up cheering and yelling "Hurrah for Dorsey." At the time of the yelling and cheering the jury was just crossing the street towards the Barbers' Supply Company, which is next to the Kiser Building. That in the opinion of the deponent there was about a thousand people crowding about the court room. MARANO BENBENISTY.Sworn to and subscribed before methis 29th day of August, 1913.C. A. STOKES,Notary Public, Fulton County, Ga.EXHIBIT W.State of Georgia,vs.Leo M. Frank.Personally appeared Isaac J. Hazan, who

Visible Translated Text Is As Follows: Deponent further states that he was in room 301 of the Kiser Building,on Saturday, August 23; that he saw the jury emerge from the court houseentrance at about one o'clock; that a few minutes after the jury came out,Mr. Dorsey came out and immediately a great crowd around the court housedoor set up a yell and cheer, saying "Hurrah for Dorsey," taking off theirhats and throwing them in the air and otherwise exhibiting their enthusiasm;that at the time of the yelling, the jury was still in sight of deponent, butdeponent is of the opinion

Visible Translated Text Is As Follows: opposite the entrance, and afterwards the crowd yelled "Hurrah for Dorsey," and the volume of the yells were so great that they could have been heard many blocks away; that they threw up their hats and gave other demonstrations; that at the time of the yelling the jury was just crossing the street toward the German Cafe, not fifty feet away from the entrance, and in the opinion of deponent must have heard the yelling and the words "Hurrah for Dorsey," because they could be plainly heard.Deponent further states that he was in his

Visible Translated Text Is As Follows: EXHIBIT BB.Georgia, Dougherty County.State of Georgia,vs.Leo M. Frank. ⎫ In the Superior Court of Fulton County, Georgia. ⎬ ⎭Before me personally appears Mack Farkas, who being duly sworn deposes and says that attached to this affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Georgia, to Franklin Buggy Company, Incorporated, of Barnesville, Georgia.Said order is marked Exhibit "C." Said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July

Visible Translated Text Is As Follows: EXHIBIT BB—(Continued)Georgia, Dougherty County.State of Georgia, vs. Leo M. Frank. In the Superior Court of Fulton County, Georgia.Before me personally appeared Sam Farkas, who being duly sworn deposes and says that attached to the affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Georgia, to Franklin Buggy Company, Incorporated, of Barnesville, Georgia.Said order is marked Exhibit "A." Said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July 8th

Visible Translated Text Is As Follows: EXHIBIT BB-(Continued)FRANKLIN BUGGY COMPANY, INC."I Manufacturers of the"Improved Barnesville Buggy"Barnesville, GeorgiaWhen Shipped—July 8, 1913.How Shipped—Ship to—Sam FarkasAlbany, Ga.BODY GEAR AXLE WHEELSQuantity Cat. No. Width Style Spring Color Drop Arch Tread Height Top Trimmings Stripe Price Each1 44 20 R Side Bla Arch 3/4 38/42 R R R 62.501 Set Rubbers for job 44-V-7 Side Car Arch 3/4 38/42 R R R 1.50 Net1 44 22 R Side Car Arch 3/4 38/42 R R R 62.501 Set Rubbers for Job 44-V-7 Side Bla Arch 3/4 38/42 R R R 1.50 Net1 44 23 R Side

Visible Translated Text Is As Follows: EXHIBIT CC.Georgia, Walton County.State vs. Georgia.Leo M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appear J. J. Nunnally and W. L. Ricker, of Monroe, Georgia, who, being duly sworn, depose and say on oath as follows:That they have seen in the public prints that A. H. Henslee, one of the jurors in the Frank case, admits having made certain statements as to Frank's guilt of the murder of Mary Phagan, but says these statements were made after the trial of Leo M. Frank, and not before.That in

Visible Translated Text Is As Follows: TWELVE JURORS WITH WHOM LEO M. FRANK'S FATE RESTSH. S. WOODWARD. W. M. JEFFRIES. C. J. BOSSHARDT. F. E. WINBURN. J. T. OSBURN. F. V. L. SMITH. A. L. WISBEY. A. H. HENSLEE. J. T. HIGDON. D. TOWNSEND. E. F. MEDCALF.

Visible Translated Text Is As Follows: Georgia, Hancock County.State of Georgia, ) In the Superior Court of Fulton County, Ga.vs. )Leo. M. Frank. )Before me, an officer authorized under the laws of Georgia to administeroaths, personally-appears each of the undersigned persons, personally knownto me; who, being duly sworn, deposes and say on oathThat they are personally acquainted with Jno. M. Holmes, Shi Gray andS. M. Johnson; and that said Holmes, Gray and Johnson are each of thehighest personal and moral character and reputation, and that they are eachentirely trustworthy, and worthy of belief, as to any statement made bythem, or

Visible Translated Text Is As Follows: Georgia, Fulton County.State of Georgia, vs. Leo. M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appears each of the undersigned persons, personally known to me, who, being duly sworn, depose and say on oath:That they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.W. E. UPSHAW.S. E. PRUMAN.Sworn to and subscribed before methis October 16th, A.

Visible Translated Text Is As Follows: EXHIBIT JJ.State of Georgia,County of Muscogee.Personally appeared before me, an officer duly authorized by law to administer oaths, the undersigned who, being sworn, deposes and says that he was head clerk at the New Albany Hotel Company, proprietors), located at Albany, in said state and county, all during the months of June, July and August, 1913, and for several years prior to that time; and that attached hereto, marked "Exhibit A," is the register of guests at said hotel from the 20th day of June, 1913, to the 31st day of August, 1913; and

Visible Translated Text Is As Follows: EXHIBIT LL.Georgia, Fulton County,State of Georgia, )vs. ) In the Superior Court of Fulton County, Georgia.Leo. M. Frank. )To the Honorable George I. Bell,Judge of the Fulton Superior Court:This application is presented to the Court by Leo M. Frank, the defendant in the above stated case, and shows to the Court the following facts:The above stated case of the State of Georgia vs. Leo M. Frank, indictment for murder, has been tried, a verdict found, and this defendant sentenced, and a motion for a new trial in said case is now pending before Honorable

Visible Translated Text Is As Follows: 3. Q. During the time between the murder of Mary Phagan, as reported in the newspapers, to-wit: on April 26, 1913, and the commencement of the trial of the above case, what statements, if any, did you hear juror Henslee make in connection with Leo M. Frank, or as to who murdered Mary Phagan, or as to who was guilty of this murder; or as to how the trial of Leo M. Frank for this murder would terminate.A. About the time that Conley was reported to have made a statement, I was coming into

Visible Translated Text Is As Follows: EXHIBIT MM—(Continued).Georgia, Hancock County.State of Georgia,vs. { In Superior Court of Fulton County, Georgia.Leo M. Frank.Questions to be propounded to Shi Gray, of Sparta, Hancock County, Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August 26, 1913, hereto attached, showing a picture of the jury in the above-stated case, and showing a likeness of Juror A. H. Henslee? A. Yes.2. Q. Are you personally acquainted with A. H. Henslee? A. Yes.3. Q. Did you or not hear A. H. Henslee discussing the question of whether or not Leo M. Frank was

Visible Translated Text Is As Follows: EXHIBIT MM—(Continued).Georgia, Hancock County.State of Georgia, ) In Superior Court, Fulton County, Georgia.vs. )Leo. M. Frank. )Questions to be propounded to T. M. Johnson, of Sparta, Hancock County,Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August26, 1913, hereto attached, showing a picture of the jury in theabove-stated case, and showing a likeness of Juror A. H. Henslee?A. Yes.2. Q. Are you personally acquainted with A. H. Henslee?A. I know him by sight.3. Q. Did you or not hear A. H. Henslee discussing the question of whetheror not Leo M. Frank was

Visible Translated Text Is As Follows: JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGANJ. T. OSBURN. A. L. HENSLEE. F. E. WINBURN. W. F. MEDCALF. A. H. WISBY. G. M. JEPFRIES. J. HOHEXING.DEPUTY HUBER. M. S. WOODWARD. F. V. L. SMITH. D. TOWNSEND. C. J. BOSSHARDT. J. F. HIGDON. DEPUTY LIDDELL.

Visible Translated Text Is As Follows: EXHIBIT MM--(Continued).Georgia, Hancock County.State of Georgia, )vs. ) In Superior Court of Fulton County, Georgia.Leo. M. Frank. )Questions to be propounded to John M. Holmes, of Sparta, HancockCounty, Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August26, 1913, hereto attached, showing a picture of the jury in theabove-stated case, and showing a likeness of Juror A. H. Henslee?A. Yes.2. Q. Are you personally acquainted with A. H. Henslee?A. Yes.3. Q. Did you or not hear A. H. Henslee discussing the question ofwhether or not Leo M. Frank was guilty of the

Visible Translated Text Is As Follows: EXHIBIT NNGeorgia, Fulton County.State of Georgia, vs. Leo M. Frank, In Superior Court of Fulton County.To the Honorable Clerk of the Superior Court of Walton County, Ga.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case, judgment was passed by the Court, and a motion for new trial was filed in said case, which said motion for new trial is set for hearing on October 4th, 1913, before Judge L. S. Roan, Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in Monroe,

Visible Translated Text Is As Follows: Phagan. He denounced Frank bitterly and vehemently and made this statement about Frank in my hearing: "They are going to break that Jew's neck." This was stated most bitterly and positively.5. Q. Did you hear A. H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?A. Yes, he said that Frank was guilty.6. Q. Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence, and hearing,

Visible Translated Text Is As Follows: EXHIBIT NN--(Continued).Georgia, Walton County.State of Georgia, vs. Leo M. Frank. In the Superior Court of Fulton County, Georgia.Written questions to be propounded to J. J. Nunnally, Esq., W. L. Ricker, Esq., Virgil Harris, Esq., and ____, residence Monroe, Walton County, Georgia.1. Q. Have you examined the attached clipping from the Atlanta Georgian of August 23, 1913, and particularly the likeness in said clipping of A. H. Henslee? A. Yes.2. Q. Do you know A. H. Henslee? A. Yes.3. Q. Do you recall whether or not A. H. Henslee was in Monroe, Georgia, between the

Visible Translated Text Is As Follows: JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGANF. E. WINBURN. A. L. WISBEY. W. J. JEFFRIES. J. HOHENNING.J. T. OSBURN. W. S. WOODWARD. F. V. L. SMITH. D. TOWNSEND. A. J. BOSSHARDT. J. F. HIGDON.DEPUTY HUBER. DEPUTY LIDDELL.

Visible Translated Text Is As Follows: what did he say, giving his language as nearly as you can recollect it, and if you can not recall the exact language, state the tenor and effect of said language.A. I only recall that, to the best of my recollection, he said that if the jury did turn Frank aloose, Frank would never get away alive.8. Q. How long did A. H. Henslee discuss the trial of Leo M. Frank in Monroe, Georgia, between said dates, and how many times did he repeat the statement that he thought Frank was guilty, in your

Visible Translated Text Is As Follows: CHARGE OF THE COURT.State of Georgia, )vs. ) Murder.Leo M. Frank. ) Fulton Superior Court. ) Trial: July 28th to Aug. 21, 1913.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder.The charge is that Leo M. Frank, in this county, on the 26th day of April, ofthis year, with force and arms, did unlawfully and with malice aforethoughtkill and murder one Mary Phagan by then and there choking her, the saidMary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment

Visible Translated Text Is As Follows: When a homicide is proven, if it is proven to be the act of the defendant, the law presumes malice, and unless the evidence should relieve the slayer he may-be found guilty of murder. The presumption of innocence is removed by proof of the killing by the defendant. When the killing is shown to be the act of the defendant, it is then on the defendant to justify or mitigate the homicide. The proof to do that may come from either side, either from the evidence offered by the State to make out its

Visible Translated Text Is As Follows: allowed to attack it by proving that his general reputation is not good, or by showing that the witnesses who have stated that his character is good, have untruly reported it. Hence, the Solicitor-General has been allowed to cross-examine the witnesses for the defense who were introduced to testify to his good character. In the cross-examination of these witnesses, he was allowed to ask them if they had not heard of various acts of misconduct on the defendant's part. The Solicitor-General had the right to ask any questions along this line he pleased, in

Visible Translated Text Is As Follows: the evidence that this defendant is guilty, then, gentlemen, you would be authorized in that event, if you saw fit, to do so, to say: "We, the jury, find the defendant guilty, and we recommend that he be imprisoned in the penitentiary for life." In the event you should make such a verdict as that, then the Court, under the law, would have to sentence the defendant to the penitentiary for life.You have heard the defendant make his statement. He had the right to make it under the law. It is not made under

Visible Translated Text Is As Follows:

Visible Translated Text Is As Follows: In the Supreme Court of GeorgiaFALL TERM, 1913LEO M. FRANK,Plaintiff in Error,vs.STATE OF GEORGIA,Defendant in ErrorIn Error from Fulton Superior Courtat the July Term, 1913BRIEF OF THE EVIDENCE

Visible Translated Text Is As Follows: Accidents in Metal RoomEmployees' hands cut often----------------------------- 133.Particular instances ---------------------------------- 133.Floors not washed or cleaned -------------------------- 133.Hands dressed in office ------------------------------- 133.Pass by dressing room ---------------------------------- 133.Adams, J. Q.Made photographs of Selig home, and factory (see pictures) 150.Albert, C. D.Frank's character good -------------------------------- 168.Knew Frank two years ---------------------------------- 168.At Cornell --------------------------------------------- 168.Professor of Machine Designs, Cornell ----------------- 168.Anderson, A. N.Frank's bank book and cancelled checks identified ------ 147.Defense Exhibits 50, 51 ------------------------------- 298.His bank balance stated ------------------------------- 147.Anderson, W. F.April 26th --------------------------------------------- 39.Answers phone call to factory -------------------------- 39.3:30 a. m., tried to call

Visible Translated Text Is As Follows: Bailey, Gordon (Snowball) ------------------------------------------------------------- 136.April 23thDid not see Frank talk to Conley -------------------------------------------------- 136.Character for veracity bad ---------------------------------------------------------- 120.Conley, JimHas seen him reading newspapers -------------------------------------------------- 136.Never saw him guarding doors ------------------------------------------------------- 136.Frank, Leo M.Never saw him with women in office ------------------------------------------------ 136.Saturdays -------------------------------------------------------------------------------- 136.Frank never asked Conley to return on ----------------------------------------------- 136.Barnes, Miss Sarah ----------------------------------------------------------------- 171.Frank's character good --------------------------------------------------------------- 171.Barrett, R. P.Hair seen on machine ----------------------------------------------------------------- 26.Metal department searched ------------------------------------------------------------- 27.Pay envelope found ----------------------------------------------------------------- 27.Reward hoped for and worked for ------------------------------------------------------- 137.Spots found -------------------------------------------------------------------------------- 26.Bauer, R. L. -------------------------------------------------------------------------------- 135.SaturdaysWorked at factory, summer 1909 and

Visible Translated Text Is As Follows: Benedict, S. C., Pres. State Board of Health----------------------------- 229.Black, John R------------------------------------------------------------ 17.April 28th, arrested Frank--------------------------------------------- 17.Bloody shirt found at Newt Lee's house at 9:30 a. m. on 29th----------- 19.Coroner's Inquest------------------------------------------------------- 18.Frank answered questions readily--------------------------------------- 18.Factory examined Sunday------------------------------------------------ 19.Frank,-Leo M------------------------------------------------------------ 17.Heard phone conversation between Frank and Starnes-------------------- 17.Safe at factory easily opened by Frank, 27th-------------------------- 19.Lee, Newt--------------------------------------------------------------- 19.Bloody shirt found--------------------------------------------------- 19.Frank and witness talked to Lee at police station--------------------- 18.Undertaker's------------------------------------------------------------ 17.Frank and witness saw body at----------------------------------------- 17.Frank did not know her by name---------------------------------------- 17.Said he knew few employees by name but thought he had paidthis

Visible Translated Text Is As Follows: Campbell, Wade ----------------------------------------------------------------- 105.April 26th9:30 a. m., reached factory ------------------------------------------------- 105.Frank working at time ------------------------------------------------------- 105.9:40 a. m., left factory, had not seen Conley at all ------------------------ 105.Conley, JimNot at factory, 26th, when Campbell there ----------------------------------- 105.Reading, Campbell has seen Conley ------------------------------------------- 106.Writing, Campbell has seen Conley ------------------------------------------- 106.Frank never talked with deceased ----------------------------------------------- 105.Spots all over metal room ------------------------------------------------------ 105.White, Mrs. J. A., told Campbellstairs April 26th about 12:30 p. m., seeing unknown negro sitting by ------- 106.Witness subpoenaed to Dorsey's office ------------------------------------------ 106.Carson, Miss Irene -------------------------------------------------------------- 174.Frank's character good -------------------------------------------------------- 174.Knew him

Visible Translated Text Is As Follows: Carson, Mrs. E. M. ------------------------------------------------------------- 118.April 29th9:00 to 10:00 a. m., Frank on fourth floor ----------------------------- 118.Frank did not whisper to Conley ------------------------------------------ 118.Did not ask employees to stick to him ------------------------------------- 118.Said the tragedy was deplorable ------------------------------------------- 118.Blood spots.Common in and near dressing room ------------------------------------------ 118.From finger cuts ---------------------------------------------------------- 118.From menstruation --------------------------------------------------------- 119.Never saw Frank drinking in office ----------------------------------------- 119.Castro, L. M. ----------------------------------------------------------------- 153.Distances to factory fromHunter and Broad Sts., 1-1.2 minutes ------------------------------------- 154.Marietta and Forsyth Sts., 4-1.2 minutes --------------------------------- 154.Whitehall and Hunter Sts., 3-1.3 minutes ---------------------------------- 154.Walking at moderate gait ------------------------------------------------- 154.Cato,

Visible Translated Text Is As Follows: Character of Leo M. Frank goodMisses Annie Osborne, Rebecca Carson, Maude Wright, Corinthia Hall,Annie Howell, Lillie M. Goodman, Velma Hayes, Jennie Mayfield, Ida.Holmes, Willie Hatchett, Minnie Smith, Marjorie McCord, GeorgiaDenham, Zilla Spivey, Minnie Foster, Mary K. Julia Fuss, MesdamesElla Thomas, O. Jones, M. W. Carson, Lizzie Small ---------------- 220.All employees at factory ---------------------------------------- 220.Misses Mollie Blair, Ethel Stewart, Cora Cowan, Lizzie Word, BessieWhite, Grace Atherton, Mrs. Barnes, B. D. Smith ----------------- 220.All worked on fourth floor ------------------------------------- 220.Never heard of any wrongdoing of Frank ------------------------- 220.Never met Frank for immoral purposes --------------------------- 220.Charles Lee,

Visible Translated Text Is As Follows: Character of Leo M. Frank-ContinuedWitnesses attacking Frank's characterMisses Myrtice Cato, Maggie Griffin, Marie Carst, Nellie Pettis, MaryDavis, Estelle Winkle, Carrie Smith; Madames C. D. Donegan, H. R.Johnson, Mary E. Wallace --------------------------------------------- 221.All former employees at factory --------------------------------------- 221.Clarke Woodenware CompanyOn first floor of factory (door to, not locked; nailed up, but found brokenopen just after the tragedy) ------------------------------------------ 77, 79.State Exhibit A (243) does not show ------------------------------------ 97.Coleman, J. W., conversation with McWorth ------------------------------- 233.Coleman, Mrs. J. W. ----------------------------------------------------- 1.April 26th ------------------------------------------------------------- 1.11:45 a. m., last saw deceased in life -------------------------------- 1.Had eaten cabbage

Visible Translated Text Is As Follows: Dariey, N. V.--ContinuedClarke Woodenware CompanyDoor to, found broken open just after the tragedy----------------------------- 74.Conley, JimApril 26thDarley did not see, at factory------------------------------------------------ 26.April 28thExcited and nervous; looked most suspicious to Darley------------------------ 76.Excitement in factory after tragedy------------------------------------------- 36, 38.Financial sheetSeen by him on Frank's desk-------------------------------------------------- 33.Usually completed after 5.30 p. m. on Saturdays------------------------------- 33.Frank, Leo M.April 27th, no scratches onNervous many times and for various causes at factory-------------------------- 36.Witness says Frank never spoke to deceased------------------------------------ 36.Gantt, J. M.At factory 3 or 4 times after discharge--------------------------------------- 33.Hired all the help------------------------------------------------------------- 76.Hopkins, Mrs. DaisyNever knew her----------------------------------------------------------------- 76.Night watchmanWhite,

Visible Translated Text Is As Follows: Denham, Harry--ContinuedThey were washing at the time--------------------------------- 108.3:10 p. m., White and Denham left----------------------------- 108.They saw Frank in office at work------------------------------ 108.White borrowed $2.00 from Frank------------------------------- 108.Whole building open to Denham and White----------------------- 108.ElevatorDid not hear, all day, 26th----------------------------------- 108.No noises but street noises----------------------------------- 108.Wheels of, can be seen from where they worked, about forty feetaway---------------------------------------------------------- 109.Crooks sacks on floor, where working--------------------------- 109.Dickerson, Miss OpleConley's character bad---------------------------------------- 171.Has known him 2 years------------------------------------------ 171.Frank's character good---------------------------------------- 171.Has known Frank 17 months------------------------------------- 171.Never met Frank for immoral purposes--------------------------- 171.Works on second floor------------------------------------------ 171.DistancesFactory from corners of

Visible Translated Text Is As Follows: . Duffy, J. B.,Cut his hand in metal roomBled profuselyDrops fell on floor by machineWent To Atlanta HospitalEpps, GeorgeApril 26th11:50 a. m., first saw deceased12:07 p. m., last saw herDeceased caught car into city at Oliver and Lindsey Sts_ Witness caught same car at Oliver and Bell StsEpps, Vera .Minar visit to Epps homeExhibitsDefense-1, Time slip, April 26th (253) ; 2, Financial Sheet, April 26th (254) ;3, Data Sheet, part of Financial Sheet (254); 4a, Packing Room Re-ports (255);—(256); 4b, Job--Department—Reports- (258); 4¢, DailyDeliveries (259); 4d, Tip Deliveries (260); 5, Average (of orders)Sheet (260);

Visible Translated Text Is As Follows: Exhibits—Defense—Continuedcorner of basement where body was found (301); 71, Picture showing passageway to back door (302); 72, Picture showing entrance to factory (302); 73, Picture showing elevator shaft and trap door (302); 74, Picture of metal room (302); 75, Picture showing place where cotton sack kept (302); 76, Picture showing room (302); 77, Picture showing where floor chipped (302); 78, Picture showing lathe (302); 79, Picture showing view 3rd floor to 2nd floor (302); 80, Picture showing elevator box (302); 81, Picture showing elevator wheel (303); 82, 83, 84, views of metal room (303);

Visible Translated Text Is As Follows: Expert Testimony—ContinuedJohnson, Clarence, M. D. -------------------------------------------------- 236.Kendrick, W. S., M. D. -------------------------------------------------- 182.Niles, George M., M. D. -------------------------------------------------- 238.Olmsted, J. C., M. D. -------------------------------------------------- 161.Smith, Claude, M. D. -------------------------------------------------- 45.Westmoreland, Willis, M. D. --------------------------------------------- 160.FFerguson, Helen -------------------------------------------------- 42.April 25th7:00 p. m. saw Frank and asked for pay of deceased, refused---------- 42.Frank said “I cannot let you have it!” -------------------------------- 42.Had gotten it before but not from Frank------------------------------- 42.Finley, John -------------------------------------------------- 142.Character of Leo M. Frank good ---------------------------------------- 142.Elevator motor at factory makes great noise -------------------------- 142.Saturdays at factoryWorked on, at one time ----------------------------------------------- 142.Frank

Visible Translated Text Is As Follows: Freeman, Mrs. Emma Clark------------------------------------------------------------- 104.April 25th, paid off by Schiff--------------------------------------------------------- 104.April 26th---------------------------------------------------------------------------- 104.11.35 a. m., about, went to factory with Miss Corinthia Hall-------------------------- 104.Witness saw in office Frank, two men, Miss White, and stenographer-------------------- 104.11.45 a. m., left factory--------------------------------------------------------------- 104.Left in factory Mrs. May Barrett, and daughter, Mrs. White, Arthur-------------------- 104.White, Harry Denham, Frank, and stenographer------------------------------------------- 104.Fourth floor-------------------------------------------------------------------------- 104.Frank permitted her to go to------------------------------------------------- 104.Quinn, Lennie, she met after she left factory------------------------------------------- 104.Telephone at factory, she used---------------------------------------------------------- 104.Fuss, Miss Julia----------------------------------------------------------------------- 121.April 28th----------------------------------------------------------------------------- 121.9:00 and 9:15 a. m., Frank came to fourth floor--------------------------------------- 121.Came to

Visible Translated Text Is As Follows: Glogowski, Mrs. H--------------------------------- 170.Boarding house, keeps, Atlanta---------------- 170.Frank's character good------------------------- 170.Goldstein, M. P---------------------------------- 169.Attorney at law, Atlanta----------------------- 169.Frank's character good------------------------- 169.Has known him three and one-half years--------- 169.Goldstein, M. J---------------------------------- 127.April 26th------------------------------------- 127.8:15 p. m., played cards, Selig home--------- 127.Frank read in hall--------------------------- 127.Nothing unusual about Frank------------------ 127.10:30 p. m. Frank retired-------------------- 128.His wife left 15 minutes after--------------- 128.Gordon, George, Counsel for Minola McKnight------- 224.As to her affidavit---------------------------- 224.Gottheimer, Harry-------------------------------- 124.April 26th------------------------------------- 124.10:00 a. m., was at Montag Bros------------- 124.Frank came in at the time-------------------- 124.Asked Gottheimer to come to factory----------- 124."Come up now

Visible Translated Text Is As Follows: Haas, IsaacApril 27th, did not hear telephone--------------------------------- 147.His wife awakened him----------------------------------------------- 147.Frank's character good----------------------------------------------- 147.Hall, Miss CorinthiaApril 26th11:35 a. m., she reached factory ----------------------------------- 103.Frank dismissing two men as she came in ----------------------------- 103.Freeman, Mrs. Emma with her ----------------------------------------- 103.11:45 a. m., left factory -------------------------------------------- 103.In factory at time were Arthur White, Mrs. May Barrett, her daughter, Harry Denham, Frank, and stenographer 103.Frank's officeEntered, with Mrs. Freeman ------------------------------------------ 103.Frank writing in inner office --------------------------------------- 103.Stenographer in outer office ---------------------------------------- 103.Telephone used by Mrs. Freeman -------------------------------------- 103.Holloway, E. F., witness met as she came to

Visible Translated Text Is As Follows: Hays, Miss IdaConley's character bad ------------------------------------------------------------- 170.Has known him two years ------------------------------------------------------------- 170.Frank's character good ------------------------------------------------------------- 170.Has known him two years ------------------------------------------------------------- 170.Hewell, Miss DeweyFrom Home of Good Shepherd, Cincinnati --------------------------------------------- 222.Saw Frank once speak to deceased --------------------------------------------------- 222.All other girls saw it ------------------------------------------------------------- 222.No concealment ----------------------------------------------------------------- 222.Heyman, ArthurAttorney at law, Atlanta ----------------------------------------------------------- 169.Frank's character good ------------------------------------------------------------- 169.Has known him three or four years -------------------------------------------------- 169.Hicks, Miss GraceBody of deceased identified -------------------------------------------------------- 15.Had known each other about a-year -------------------------------------------------- 15.Employees paid off 6:00 to 7:00 p.m., 25th ----------------------------------------- 15.Witness saw Helen Ferguson at time

Visible Translated Text Is As Follows: Hixon, Annie, (c)—ContinuedApril 27thFrank and wife came to Ursenback's to dinner----------------------------- 122.As was their custom ------------------------------------------------- 122.Laughed and talked -------------------------------------------------- 122.Nothing unusual about Frank ------------------------------------------ 122.Not nervous or excited ------------------------------------------------- 122.Hoffman, Henry,April 26thMatthews' car due 12:07 p. m. at Broad and Marietta streets ------------- 230.Matthews works under Hoffman -------------------------------------------- 230.Has run ahead of time -------------------------------------------------- 231.Hollis, W. T.April 26thConductor English Ave. car ---------------------------------------------- 84.Deceased rode on car of, by herself --------------------------------------- 84.No boy with her ---------------------------------------------------------- 84.She was accustomed to ride on Hollis' car two or three times a week -------------------------------------------------- 84.Left car at

Visible Translated Text Is As Follows: Holloway, E. F. - ContinuedConley, JimFamiliar with whole building----------------------------- 77.Not duty of Conley, but of Holloway to watch door---------- 78.Washing his shirt, 28th----------------------------------- 79.Tried to hide it from Holloway---------------------------- 79.Witness did not see Conley, 26th-------------------------- 78.Cords lying scattered all over factory-------------------- 31.Dalton, C. B., never in or about factory------------------ 77.Day watchman at factory----------------------------------- 29.Distances measured by Holloway---------------------------- 79.Frank, Leo M.Never familiar with Conley------------------------------- 77.Never spoke to deceased----------------------------------- 30.Worked Saturdays at factory------------------------------ 78.Gant, J. M., talked many times with deceased------------- 30.Hopkins, Mrs. DaisyNever in factory after June, 1912------------------------ 27.Immorality, none practiced in factory--------------------- 77.Lee, Newt,

Visible Translated Text Is As Follows: Hunter, Joel C.Financial Sheet examined by---------------------------------------------------------------------------------- 98.Testimony as to ------------------------------------------------------------------------------------------------ 98.Would require 3 to 3½ hours---------------------------------------------------------------------------------- 98.IIngram, Louis -------------------------------------------------------------------------------------------------- 231.April, 26th -------------------------------------------------------------------------------------------------- 231.Reached city on English Ave car-------------------------------------------------------------------------- 231.Has seen car ahead of time------------------------------------------------------------------------------- 231.JJackson, Miss IreneDressing room, about Frank going to------------------------------------------------------------------ 172.Flirting from factory windows---------------------------------------------------------------------------- 172.Frank's character good ---------------------------------------------------------------------------------- 172.Has known him 3 years ---------------------------------------------------------------------------------- 172.Jefferson, Mrs. George W.Cords in factory like cord about neck of deceased---------------------------------------------------------- 28.Paints, different colored, in factory ----------------------------------------------------------------------- 28.Jones, Ivy (c)April 26th1:00 to 2:00 p. m., saw Conley at Hunter and Forsyth Streets---------------------------------------- 233.Came in saloon ------------------------------------------------------------------------------------------------ 233.2:00

Visible Translated Text Is As Follows: Kaufman, I. U.--ContinuedPlats and DrawingsBasement of factory, Defense Exhibit 61------------------ 301.First floor of factory, Defense Exhibit 61---------------- 301.Ground floor of Selig residence, Defense Exhibit 50------- 299.Washington St. and Georgia Ave. corner, Defense Exhibit 53. 300Kelley, N.April 26th, deceased not on car of Matthews and Hollis---- 231.Kendley, George,April 26thSaw deceased in life-------------------------------------- 230.Bitter toward Leo M. Frank--------------------------------- 230.Asher, S. L. (242); Stahl, M. E. (241). Brent, T. Y. (241); Haas,Miss C. L. (242)Kendrick, L. T.Night watchman, former, nearly 2 years-------------------- 234.Clock needed setting then every twenty-four hours---------- 234.Would vary 3 to 5 minutes-------------------------------- 234.Saturdays at

Visible Translated Text Is As Follows: Kitchens, Miss Mamie -------------------------------------------------- 222.Dressing room incident ------------------------------------------------ 222.Frank asked if girls did not have work to do -------------------------- 222.Kriegshaber, V. H. ----------------------------------------------------- 169.Frank's character good ------------------------------------------------- 169.Has known Frank 3 years ------------------------------------------------- 169.Trustee Hebrew Orphans' Home -------------------------------------------- 169.Frank also Trustee ----------------------------------------------------- 169.Frank came to Home often ----------------------------------------------- 169.LLane, Alfred L. -------------------------------------------------------- 167.Brooklyn, lives -------------------------------------------------------- 167.Frank's character good ------------------------------------------------- 167.Knew him 15 years and at Cornell and Pratt Institute ------------------ 167.Lasher, Herbert --------------------------------------------------------- 168.Frank's character good ------------------------------------------------- 168.Knew him 3 years at Cornell -------------------------------------------- 168.Classmate and roommate 2 years ------------------------------------------ 168.He associated with best

Visible Translated Text Is As Follows: Lee, Newt--ContinuedApril 26th4.00 p. m., reached factory about ------------------ 2.Excused by Frank for 1½ hours ---------------------- 2.6.57 p. m., returned to factory --------------------- 2.6.00 p. m., Gantt, J. M., came from saloon ---------- 3.Went back to beer saloon in about half hour -------- 5.7.00 p. m., Frank phoned factory ------------------- 3.7.00 p. m., first trip to basement ------------------ 6.Witness says all factory doors unlocked evening of 26th -- 6.April 27th3.00 a. m., body discovered in basement ------------- 3.Claimed he first saw it from toilet ---------------- 3.Notified police at once ----------------------------- 4.Clocks punched 26th and

Visible Translated Text Is As Follows: Loeb, CohenApril 26th ------------------------------------------------------------- 116.2:00 p. m., caught car Washington St. and Georgia Ave---------------- 116.Frank boarded this car at Glenn Street------------------------------- 116.They sat together---------------------------------------------------- 116.2:10 p. m., Frank left car at Capitol-------------------------------- 116.Car blockaded-------------------------------------------------------- 116.Frank went West on Hunter Street------------------------------------- 116.Had on blue suit, wore derby hat------------------------------------- 116.Automobile of H. J. Hinchey almost collided with car----------------- 116.Nothing unusual about Frank------------------------------------------ 116.No marks on, no nervousness------------------------------------------ 116.Loeb, JulianApril 26th ------------------------------------------------------------- 116.1:50 to 2:00 p. m., saw Frank at Wolfshimer's residence--------------- 116.Talking to Mrs. Michael and Jerome Michael--------------------------- 116.Cousin of Frank's wife------------------------------------------------ 116.McMcCoy, M. E.April 26th

Visible Translated Text Is As Follows: McCrary, Truman (c)—ContinuedNever saw Conley sweeping on---------------- 131.Schiff and Frank worked on---------------- 130.McKnight, Albert (c)-------------------------- 41.April 26th1:00 to 2:00 p. m., claimed to be at Big home 411:30 p. m., Frank came home, witness did not see Frank eat-- 41.Dining room at Selig home described-------------------------- 41.Kitchen, witness claims to have watched Frank from---------- 41.McKnight, Minola (c)-------------------------- 109.April 26thCooked breakfast at Selig home----------------------------- 109.Frank ate shortly after 7 o’clock--------------------------- 109.1:00 to 2:00 p. m., Albert McKnight not there--------------- 109.1:20 p. m., Frank came to dining room----------------------- 109.2:00 p. m., Frank finished eating and left------------------ 109.6:30

Visible Translated Text Is As Follows: Mann, Alonzo--ContinuedFrank had him telephone Schiff------------------ 122.--Telephoned Schiff twice----------------------- 122.Left Miss Hall at factory with Frank------------- 122.Saw Holloway, Darley, Irby, McCraley there------ 122.Office boy at factory---------------------------- 122.SaturdaysBoy stayed until 3:30 to 4:00 p. m-------------- 122.Frank always at work at that time---------------- 122.Never saw any women in Frank's office------------ 122.Never saw Dalton there, on----------------------- 122.Marcus, Mrs. A. E--------------------------------- 127.April 26th, played cards, Selig home------------- 127.Frank sat reading in hall------------------------ 127.Nothing unusual about Frank---------------------- 127.10:00 p. m., Frank retired---------------------- 127.Marcus, Mrs. M------------------------------------- 127.April 26th8:30 to 8:45 p. m., played cards, Selig home---- 127.Frank opened front door

Visible Translated Text Is As Follows: Maynard, C. J-------------------------------- 234.Dalton, C. B., at factory with woman in 1912------- 234.Woman weighed about 125 pounds----------------- 234.Merk, W. P.Knows Mrs. Daisy Hopkins----------------------- 234.Character for truth and veracity, bad---------- 234.Michael, JeromeApril 26th1:45 to 2:00 p.m., saw Frank at No. 387 Washington Street----- 115.Time, how fixed-------------------------------- 115.Took dinner at No. 387 Washington Street------- 115.Frank spoke to him and his mother-------------- 115.Nothing unusual about Frank-------------------- 115.No scratches, marks, no nervousness------------ 115.Witness practicing lawyer in Athens------------ 115.Michael, Mrs. M. G-------------------------------- 114.April 26th2:00 p.m., was at No. 387 Washington Street----- 114.Frank took car at Washington & Glenn Streets----

Visible Translated Text Is As Follows: Montag, Sigmund—ContinuedApril 26th10:00 a. m., Frank came to Montag Bros ----------------- 128.Stayed about one hour ---------------------------------- 128.Talked with Gottheimer and Miss Hall ------------------- 129.April 27thFrank came to home of, after breakfast ----------------- 129.A raw, chilly morning ---------------------------------- 129.Nothing unusual about him ------------------------------- 129.No more nervous than Montag ----------------------------- 129.Went to factory and made examination -------------------- 129.Factory, saw nothing on floor of 27th ------------------- 129.Financial Sheet ------------------------------------------ 129.Of April 24th, received a. m. of 26th ------------------- 129.Frank came to Montag Bros. daily ------------------------- 128, 129.Insurance company ordered factory cleaned --------------- 130.Metal room, accidents numerous in

Visible Translated Text Is As Follows: Nix, M. O.--ContinuedFamiliar with Frank's handwriting ---------------------------------- 123.Financial sheet in his handwriting ---------------------------------- 123.Worked for Montag Bros. -------------------------------------------- 123.OOwens, William, M.D. ----------------------------------------------- 143.Experiments at factory, with ---------------------------------------- 143.Assistance of Brent and Fleming ------------------------------------ 143.Grand Jury, letter to ----------------------------------------------- 147.Matter of conscience ----------------------------------------------- 147.Owens, W. B.April 26th ---------------------------------------------------------- 231.Reached city 12.05 p. m. on White City car -------------------------- 231.Did not recall seeing on English Ave., car -------------------------- 231.PPappenheimer, OscarAs to Financial sheets ---------------------------------------------- 125.Parmelee, Mrs. J. O.Frank's character good ---------------------------------------------- 170.Knows his character, how --------------------------------------------- 170.Knows his character ------------------------------------------------- 170.Pay EnvelopeFound at factory by McWorth

Visible Translated Text Is As Follows: Pictures (By J. Q. Adams)FactoryBasement, Def. Ex. 69 --------------------------------------------- 301.Passage to rear door, Def. Ex. 71 -------------------------------- 302.Place where body found, Def. Ex. 70 ----------------------------- 301.Cotton sacks, place kept, Def. Ex. 75 ---------------------------- 302.Elevator viewsBox, Def. Ex. 80 -------------------------------------------------- 302.Foot of Shaft, Def. Ex. 68 ---------------------------------------- 301.Shaft and trap door, Def. Ex. 73 ------------------------------- 302.Wheel, 4th floor, Def. Ex. 81 ------------------------------------- 303.First floorEntrance, Def. Ex. 72 --------------------------------------------- 302.Second floorCotton sacks, where kept, Def. Ex. 75 --------------------------- 302.Floor chipped, Def. Ex. 77 --------------------------------------- 302.Metal room, Def. Ex. 74, 82, 83, 84 ----------------------------- 303.Closet to, views,

Visible Translated Text Is As Follows: Pollard, C. L.Financial sheet examined by ------------------------------------------------------------- 99.Testimony as to ----------------------------------------------------------------- 99.Would require exceeding three hours ------------------------------------------------ 99.Pride, Arthur (c) ----------------------------------------------------------------- 184.Always worked on second floor ---------------------------------------------------- 134.Except Saturdays ----------------------------------------------------------------- 134.On Saturdays, all over factory ---------------------------------------------------- 134.Conley, Jim,Character of, very bad ------------------------------------------------------------ 134.Never associated with Conley ------------------------------------------------------ 134.Never saw Conley watching door on Saturdays ---------------------------------------- 134.ElevatorCan be heard when machinery stopped ------------------------------------------------ 134.Makes roaring noise --------------------------------------------------------------- 134.Motor makes loud noise ------------------------------------------------------------- 134.Can hear while hammering going on -------------------------------------------------- 134.SaturdaysHas not missed one since July, 1912 ------------------------------------------------ 134.Worked until 4:30 p. m., and all over

Visible Translated Text Is As Follows: Quinn, Limmie—ContinuedSpots, could not tell whether of paint, varnish or blood ------------------ 106.Spots of bloodOften on floor from cutsWitness relates instances of cuts where girls bled profusely and passed by spots found by Barrett, coming to office to have cuts dressed ------------------ 106.Women, about 100, worked in factory ------------------ 106.RReed J. D.Conductor Hollis said George Epps and deceased on his car, 26th ------------------ 235.Denied by Hollis ----------------- 235.Rich relatives in Brooklyn, none ------------------ 125.Frank's parents worth only $20,000 ------------------ 125.Robinson, Miss RuthSaw Frank once speak to deceased ------------------ 222.Called her by name ------------------ 222.Rogers,

Visible Translated Text Is As Follows: Schiff, Herbert G ----------------------------------------------------------------- 85.April 25thFrank and Schiff left factory together 5:30 - 6:30 p.m. ----------------- 87.April 26thSchiff intended coming to office but overslept ----------------------------- 87.Was called twice by Frank over phone --------------------------------------- 87.April 27thSchiff saw Frank, no bruises on him ---------------------------------------- 91.April 28thFactory closed, too much excitement ---------------------------------------- 91.Girls standing around crying ----------------------------------------------- 92.Had to suspend work --------------------------------------------------------- 92.Witness says Conley badly scared -------------------------------------------- 92.April 29thFrank and Schiff together at factory --------------------------------------- 91.Frank did not speak to Conley ---------------------------------------------- 91.Average SheetDiscussed and described ------------------------------------------------- 93, 95Miss Hall's initials "H.H." on ----------------------------------------- 93.Not to

Visible Translated Text Is As Follows: Schiff, Herbert G.--ContinuedUnreliable --------------------------------------------- 96.In stockade several times ------------------------------- 96.Women got him out ---------------------------------------- 97.Taken off elevator because unreliable ------------------- 96.Dalton, C. B., never saw him in factory ----------------- 87.ElevatorDark around --------------------------------------------- 92.Door to, easily lifted ---------------------------------- 92.Motor box not kept locked ------------------------------- 92.Noise in operating --------------------------------------- 92.Ferguson HelenApril 26th, paid off by Schiff --------------------------- 87, 96Did not ask for pay of deceased ------------------------- 87.Financial sheetTestimony as to ----------------------------------- 86, 88, 89, 95.Frank, Leo M.As to nervousness ---------------------------------------- 91.Never spoke to deceased ---------------------------------- 98.Hair, impossible to tell color of ----------------------- 92.Haslkoline splashed all over

Visible Translated Text Is As Follows: Scott, Harry ------------------------------------------------ 22.Black, worked with ----------------------------------------- 22.Pinkertons and police co-operated -------------------------- 25.Conley's confession as to notes ----------------------------- 82.Frank, Leo M. -------------------------------------------------------------------------------------------- 80, 82April 29th, Frank taken into custody, by Scott and Black ---- 24.Witness first saw him, 28th, at factory, when Frank related in detailhis movements on the 26th ---------------------------------- 22.Lee, Newt ---------------------------------------------------------------------------------------------------- 22.Frank talked to, readily, at Scott's request ---------------- 24.Reports furnished Frank's attorneys -------------------------- 23.Search of factory by Scott ---------------------------------- 24.Selig, Emil ------------------------------------------------------------------------------------------------ 110.April 26th ------------------------------------------------------------------------------------------------ 111.Frank breakfasted before Mr. Selig --------------------------- 111.1:15 p. m., Selig came to dinner ----------------------------- 111.Found

Visible Translated Text Is As Follows: Selig, Mrs. Emil ------------------------------------------------------------- 112.April 26th1:10 p. m., had dinner ---------------------------------------------------- 112.1:20 p. m., Frank came to dinner ------------------------------------------ 112.He sat down and ate ------------------------------------------------------- 112.1:30 p. m., ladies left table ---------------------------------------------- 112.Frank still eating -------------------------------------------------------- 112.6:10 p. m., saw Frank at Jacobs Pharmacy ----------------------------------- 112.Stopped at Mrs. Loeb's, coming home --------------------------------------- 112.6:30 p. m., reached home --------------------------------------------------- 112.Found Frank there ahead of them -------------------------------------------- 112.No scratches or bruises on him --------------------------------------------- 112.Nothing unusual about him ------------------------------------------------- 112.6:45 p. m., all sat down to supper ----------------------------------------- 112.Frank at supper with others ----------------------------------------------- 112.7:15 p.

Visible Translated Text Is As Follows: Selig Residence—ContinuedPictures of, Defense Exhibits 62, 63 -------------------------------------------------------------------------------- 301.Plat of ground floor, Defense Exhibit 52 -------------------------------------------------------------------------------- 299.Sinkovitz, N. ---------------------------------------------------------------------------------------------------------------------------- 242.Pawned watch with M. E. McCoy ------------------------------------------------------------------------------------------ 242.Small, Miss Dora -------------------------------------------------------------------------------------------------------------------- 120.April 29th, at factory --------------------------------------------------------------------------------------------------------------- 120.8:00 to 9:00 a. m., Frank talked to Miss Carson on business ------------------------------------------------ 120.Conley worried her for money ----------------------------------------------------------------------------------------------- 120.Asked for newspapers ------------------------------------------------------------------------------------------------------------- 120.Bought extras -------------------------------------------------------------------------------------------------------------------------- 120.Could read all right ---------------------------------------------------------------------------------------------------------------- 120.Said “Frank just as innocent as I am” and “God knows I am neveraround this place Saturday” -------------------------------------------------------------------------------------------------- 120.Elevator makes noise, shakes building ---------------------------------------------------------------------------------- 120.Fourth floor, works on

Visible Translated Text Is As Follows: Stahl, M. E. -------------------------------- 241.Kendley, George, bitter toward Frank -------- 241.Stanford, Mell -------------------------------- 26.Spots seen by, in metal room ---------------- 27.Swept metal room, 25th ---------------------- 27.Starnes, J. N. ------------------------------ 10.April 27th, 5:00 to 6:00 a.m., went to factory.10Basement of factory examined ---------------- 10.Blood, what looked like dressing room ------- 10.April 28th, saw, near dressing room --------- 10.Chipped up parts ----------------------------- 10.Covered with white substance ---------------- 10.Clocks, examined by, with Hendricks --------- 10.Cords, knots in--described ------------------ 11.Many like cords all over factory ------------ 11.Frank, Leo M. ------------------------------- 10.Called over phone by Starnes ---------------- 10.Frank asked

Visible Translated Text Is As Follows: Stover, Monteen—ContinuedDid not see Frank, in ---------------------------- 26.Did not see safe -------------------------------- 26.Did not see wardrobe ----------------------------- 26.Metal room door closed --------------------------- 26.This door sometimes open and sometimes closed ----- 26.Worked on fourth floor --------------------------- 26.TThomas, K. T., civil engineer -------------------- 153.Distances to factory, fromBroad and Hunter Sts. 333 feet, 1½ minutes walk---- 153.Marietta and Forsyth Sts. 1016 feet, 4½ minutes walk. 153Whitehall and Alabama Sts., 831 feet, 3½ minutes walk. 153Walked at fair gait ------------------------------ 153.Thompson, Mrs. Mattie ----------------------------- 173.Frank's character good --------------------------- 173.Has known him 3 years ---------------------------- 173.Tillander, O -------------------------------------- 233.April

Visible Translated Text Is As Follows: Urseabach, O. F. --ContinuedApril 27thFrank at his house -------------------------------------------------- 125.No scratches or bruises on Frank ------------------------------------ 125.Saw Frank again Sunday afternoon and evening ------------------------ 125.Frank told him about tragedy ----------------------------------------- 126.4:00 p. m., Frank borrowed rain coat -------------------------------- 126.6:00 p. m., raincoat returned ---------------------------------------- 126.Bridge played at Urseabach home on Saturday nights ------------------- 126.Frank and wife did not play poker ------------------------------------ 126.Urseabach, Mrs. C. F.April 26th1:30 p. m., took phone message from cook ---------------------------- 126.April 27thNo bruises or marks on Frank ----------------------------------------- 126.Raincoat borrowed from husband --------------------------------------- 126.Told of tragedy by Frank --------------------------------------------- 126.Frank

Visible Translated Text Is As Follows: White, Mrs. J. A.April 26th.11:30 a. m., saw her husband at factory.Frank, Miss Hall, Denham, White, and two other men, all in factory at that time.11:45 she left.12:30 p. m. she returned.1:00 p. m. she left, she saw Frank in his office as she left, he was at work.1:00 p. m. she saw unknown negro at foot of stairs sitting on box as she left factory.White and Denham worked fourth floor.Willett, T. H.Pattern, or model, of factory.Defense Exhibit 13.Made by blue print, Def. Ex. 87.WitnessesTESTIMONY FOR STATE.D O RD ROAnderson, W. F.Barrett, R. P.Beavers,

Visible Translated Text Is As Follows: Witnesses--ContinuedHolloway, E. F. -------------------------------------------------- D 29 O 30 RD 31,32 R0 -82.Holloway, E. F. (Recalled by Deft.) ---------------------------- 76 77 79 -80.Hurt, Dr. J. W. ------------------------------------------------- 46 46 48 -48.Jefferson, Mrs. George W. --------------------------------------- 28 28 29.Lassiter, R. M. ------------------------------------------------- 43 43 43.Lee, Newt (Colored) --------------------------------------------- 2 4 7.McKnight, Albert ------------------------------------------------ 41 41 42.Magnum, C. W. --------------------------------------------------- 74.Parry, H. L. ---------------------------------------------------- 40 -40.Rogers, W. W. --------------------------------------------------- 11 14 15 -16.Rosser, S. L. --------------------------------------------------- 52 52.Scott, Harry ---------------------------------------------------- 22 25 26.Scott, Harry (Recalled for State) ------------------------------- 80 80 82.Smith, Dr. Claude ----------------------------------------------- 45 46.Stanford, Mell

Visible Translated Text Is As Follows: Witnesses—ContinuedCraven, R. L. ---------------------------------- D 226 0 226 RD RO.Davis, Miss Mary ----------------------------- 221.Dobbs, Sergeant L. S. ------------------------ 232.Dobbs, W. C. ---------------------------------- 232 232.Dougan, Mrs. C. D. --------------------------- 221.Duffy, J. E. ---------------------------------- 223 223.Elder, W. J. ---------------------------------- 221.Epps, Vera ----------------------------------- 234.Floyd, J. B. ---------------------------------- 231.Funk, Dr. John ------------------------------- 240 241.Gaunt, J. M. --------------------------------- 233.Godard, A. L. ------------------------------- 221.Goddard, R. M. ------------------------------- 221.Gordon, George ------------------------------- 224.Graham, E. K. ------------------------------- 233 233 225.Griffin, Miss Maggie ------------------------- 221, 223.Hale, W. C. ---------------------------------- 221.Hearn, J. T. ---------------------------------- 221 221.Heifer, F. P. ------------------------------- 221.Hendricks, J. H. ---------------------------- 229.Hewell, Miss

Visible Translated Text Is As Follows: Witnesses—ContinuedMaynard, C. J. -------------------------------------------------- 234 236.Merk, W. P. ---------------------------------------------------- 224.Niles, Dr. G. M. --------------------------------------------- 238 239 239.Owens, W. B. --------------------------------------------------- 231.Patrick, W. C. -------------------------------------------------- 221.Pettis, Miss Nellie -------------------------------------------- 221.Pickett, E. H. ------------------------------------------------- 227 228.Reed, J. D. ---------------------------------------------------- 235.Rice, J. S. ---------------------------------------------------- 221.Robinson, Miss Ruth --------------------------------------------- 222.Rogers, W. W. -------------------------------------------------- 232.Scott, Harry --------------------------------------------------- 234 234.Smith, Miss Carrie ---------------------------------------------- 221.Smith, Lem ---------------------------------------------------- 221.Starnes, J. N. ------------------------------------------------- 235 235.Tillander, O. -------------------------------------------------- 232.Turner, W. E. -------------------------------------------------- 223 233.Wallace, Mrs. Mary E. ------------------------------------------- 221.Winkle, Miss Estelle --------------------------------------------- 221.Wright, W. M. -------------------------------------------------- 221.TESTIMONY FOR DEFENDANT.Adams, J. Q. --------------------------------------------------- 150 151.Adler,

Visible Translated Text Is As Follows: Witnesses—ContinuedBernhardt, C. W. -------------------------------------------------- 151 152.Bird, J. P. ------------------------------------------------------- 185.Blair, Miss Mollie ----------------------------------------------- 220.Boehm, Julian B. ------------------------------------------------- 220.Branch, Harlee ----------------------------------------------------- 139 139 140 140.Brown, Mrs. Jos. ------------------------------------------------- 220.Butler, B. P. ------------------------------------------------------- 148 148.Butler, R. P. (Rec.) --------------------------------------------- 221.Campbell, Wade ---------------------------------------------------- 105 105 106 106.Carson, Miss Irene ----------------------------------------------- 174.Carson, Miss Rebecca --------------------------------------------- 220.Carson, Mrs. E. M. ----------------------------------------------- 118 118.Caston, Mrs. M. W ------------------------------------------------- 221.Castro, L. M. ------------------------------------------------------- 163.Chambers, Phillip -------------------------------------------------- 182 132.Childs, Dr. Leroy W. ---------------------------------------------- 165 166.Cooper, V. S. ------------------------------------------------------- 185.Coplan, Nathan ----------------------------------------------------- 187.Coplan, Nathan (Rec.) --------------------------------------------- 220.Cowan, Miss Cora ------------------------------------------------- 117 117.Craig, Ed

Visible Translated Text Is As Follows: Witnesses—ContinuedFrank, Mrs. Rae -------------------------------------------------- 124 125 126.Freeman, Mrs. Emma Clarke ---------------------------------- 104.Freeman, Mrs. Emma Clarke (Rec.) ----------------------- 171.Fuss, Miss Julia ------------------------------------------------ 173 181.Fuss, Miss Julia (Rec.) --------------------------------------- 220.Gershon, Joseph -------------------------------------------------- 220.Glogowski, Mrs. H. -------------------------------------------- 170.Goldstein, M. F. ----------------------------------------------- 169.Goldstein, M. J. ----------------------------------------------- 127 128.Goodman, Miss Lillie M. --------------------------------------- 220.Gotheimer, Harry ----------------------------------------------- 124 124.Greenfield, A. D. ----------------------------------------------- 142 143.Guthman, Al ------------------------------------------------------- 220.Haas, Mrs. C. L. ----------------------------------------------- 242.Haas, Isaac ------------------------------------------------------- 247.Hall, Miss Corintha --------------------------------------------- 103.Hall, Miss Corintha --------------------------------------------- 220.Hall, Miss Mattie ------------------------------------------------ 100 101 103.Hamilton, L. M. ------------------------------------------------- 135.Hancock, Dr. Thomas --------------------------------------------- 156.Harris, Mrs. A. I.

Visible Translated Text Is As Follows: Witnesses—ContinuedKlein, Milton -------------------------------------------------- 137 137.Klein, Milton (Rec.) ------------------------------------------ 220.Klein, Miss Ray ----------------------------------------------- 220.Kriegehaber, V H ----------------------------------------------- 169 169.Lane, Alfred Loring ------------------------------------------- 167.Lasher, Herbert ----------------------------------------------- 163 168.Leach, J. R. ------------------------------------------------- 153 153.Lee, Charlie ------------------------------------------------- 133 133.Lee, Charlie (Rec.) ------------------------------------------- 222.Levy, Mrs. A. P. ---------------------------------------------- 114 114 114.Lewis, Harry ------------------------------------------------- 168.Loeb, Cohen ------------------------------------------------- 116 116.Loeb, Miss Helen --------------------------------------------- 220.Loeb, Julian ------------------------------------------------- 116.Loeb, Marcus -------------------------------------------------- 220.MacIntyre, D. I. ---------------------------------------------- 220.McCarley, P. D. ---------------------------------------------- 220.McCord, Miss Marjorie ----------------------------------------- 220.McCray, Truman (c) -------------------------------------------- 130.McKnight, Minola (c) ------------------------------------------ 109.McMurtry, Miss Lena ------------------------------------------- 220.McWorth, W. D. ----------------------------------------------- 141.Mann, Alonzo ------------------------------------------------- 122

Visible Translated Text Is As Follows: Witnesses—ContinuedOlmstead, Dr. J. C. --------------------------------------------- 161 162.Osborne, Miss Annie --------------------------------------------- 220.Owens, Dr. Wm. --------------------------------------------- 143 145 147.Pappenheimer, Oscar --------------------------------------------- 125.Parmalee, Mrs. J. O. --------------------------------------------- 170.Patrick, J. H. --------------------------------------------- 135.Patterson, B. L. --------------------------------------------- 135.Payne, Frank --------------------------------------------- 131 132.Pirk, Miss Mary --------------------------------------------- 119.Pirk, Miss Mary --------------------------------------------- 221.Pollard, C. B. --------------------------------------------- 99 99 100.Pride, Arthur (c) --------------------------------------------- 134 134 134.Quinn, Lemmie --------------------------------------------- 106 107 108.Rice, M. S. --------------------------------------------- 220.Rosenberg, Mrs. Mollie --------------------------------------------- 220.Schiff, P. G. --------------------------------------------- 220.Schiff, Herbert G. --------------------------------------------- 265 92 97,98, 98.Schiff, Herbert G., (Recalled for Cross-Exam.) --------------------------------------------- 100.Selig, Emil --------------------------------------------- 110 111 113.Selig, Mrs.

Visible Translated Text Is As Follows: Witnesses—ContinuedVanderhoef, Prof. J. E. -------------------------------------------------- D 168 C 168 RD EO.Wardlaw, Mrs. J. J. -------------------------------------------------- 174.Weinkauf, Godfrey -------------------------------------------------- 133 . 133.Westmoreland, Dr. Willis F. ------------------------------------------ 159 . 160 . 161.White, Miss Bessie -------------------------------------------------- 220.Wildauner, Dr. B. -------------------------------------------------- 220.Willett, T. H. -------------------------------------------------- 151 . 151 . 151.Wilson, Mrs. S. A. -------------------------------------------------- 220.Wolfsheimer, Mrs. Hennie --------------------------------------------- 115 . 115.Wood, H. M. -------------------------------------------------- 152.Word, Miss Lizzie -------------------------------------------------- 220.Wright, Miss Mande -------------------------------------------------- 220.Wright, Richard A. -------------------------------------------------- 168.Ziganki, F. -------------------------------------------------- 220.TESTIMONY FOR DEFENDANT IN SUR- REBUTTAL.Asher, S. L. -------------------------------------------------- 242 . 242.Brent, T. Y. -------------------------------------------------- 241 . 241.Frank, Leo

Visible Translated Text Is As Follows: In the Supreme Court of GeorgiaOCTOBER TERM, 1913LEO M. FRANK,Plaintiff in ErrorVS.STATE OF GEORGIA,Defendant in ErrorFrom Fulton Superior Court.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the State.I am Mary Phagan's mother. I last saw her alive on the 26th day of April, 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30 she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old

Visible Translated Text Is As Follows: CROSS EXAMINATION.I know what time it was when I met Mary, because I looked at Keheley's clock at the corner of Oliver and Bellwood, where I caught the car. She caught the car at Oliver and Lindsay where I caught the car at Oliver and Bell Street. She got on before I did, at the block before. I didn't say anything before the Coroner's jury about seeing a clock there, but I did see one. I know it was about seven minutes after twelve when I got off at Marietta Street because I can

Visible Translated Text Is As Follows: and I went and says, "Alright, Mr. Frank," and he says, "What time is it?"and I says, "It lacks two minutes of six." He says, "Don't punch yet, thereis a few worked to-day and I want to change the slip." It took him twice aslong this time than it did the other times I saw him do it. He fumbled puttingit in, while I held the lever for him and I then made some remark abouthe was not used to putting it in. When Mr. Frank put the tape in I punchedand I went

Visible Translated Text Is As Follows: saw something laying there which I thought some of the boys had put there to scare me, then I walked a little piece towards it and I seen what it was and I got out of there. I got the ladder and called up police station. It was after three o'clock. I carried the officers down where I found the body. I tried to get Mr. Frank on the telephone and was still trying when the officers came. I guess I was trying about eight minutes. I saw Mr. Frank Sunday morning at about

Visible Translated Text Is As Follows: going in the basement. That would only prevent anybody from up stairs from going into the basement unless they went by the elevator or by unlocking those double doors. All of the doors to the factory were unlocked when I got back there Saturday afternoon about six o'clock, the first floor, the second floor, the third floor and the fourth floor. Anybody could come right in from the street and go all over the factory without Mr. Frank in his office knowing anything about it. The doors are never closed at all. That is

Visible Translated Text Is As Follows: from there. No. I didn't go back as far as they found the body. I didn't go back that far at all during the night - The reason I went that far back when I saw the body was because I was after the closet. There are two closets on the second floor, one on the third floor and one on the fourth floor. I didn't see the lady's hat or shoe when I went down to that little place with my lantern, nor the parasol. My lantern was dirty. I was sitting down

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The first time I saw Mr. Frank put any tape on, he didn't say anything about it being any trouble. The last time he put it on, he said something about that he wasn't used to putting it on. He was holding the lever there and he got it on twice and he had put it on wrong and he would have to slip it out and put it back. When Mr. Frank came out rubbing his hands, he came out of his inner office into the outer office and from there in

Visible Translated Text Is As Follows: truding just the least bit. I began to look around and found a couple of notes. The cord was pulled tight and had cut into the flesh and tied just as tight as it could be. The underclothing around the neck was not tight. There wasn't much blood on her head. It was in her hair and it was a little moist. This scratch pad (State's Exhibit "H") was also lying on the ground, close to the body. The body was lying with the head towards Forsyth Street, the head being near the partition.

Visible Translated Text Is As Follows: hat was possibly nearer the elevator than the shoe. That was a dirt floor and cinders on it scattered over the dirt. I thought the places on her face had been made from dragging. I think I saw little blood on the underclothing. I did not testify before the coroner that the blood ran a little when we moved the body. I didn't say it was liquid. The blood was dry. The little trail where I thought showed the body was dragged went straight on down where the girl was found. It was a

Visible Translated Text Is As Follows: 10RECALLED FOR THE STATE.The trap door leading up from the basement was closed when we got there.There were cobwebs and dust back there.J. N. STARNEB, sworn for the State.I am a city officer. Went to the pencil company’s place of business between five and six o’clock, April 27th. The pencil company is located in Fulton County, Georgia. That is where the body was found. The staple to the back door looked as if it had been prized out with a pipe pressed against the wood. There was a pipe there that fitted the indentation

Visible Translated Text Is As Follows: CRO88 EXAMINATION.I am guessing about the time. It wouldn't take over five minutes to get off the car, walk to the pencil factory door, in, walk up the stairs and back into Mr. Frank's office. The hasp is bent a little. I heard Boots Rogers testify at the coroner's inquest and I testified twice. I did not correct any statement at the coroner's inquest that Boots Rogers made. I am the prosecutor in this case. I can not give the words of the conversation of the telephone message between myself and Mr. Frank. I

Visible Translated Text Is As Follows: about 3 a. m. about hearing the telephone ring. Mr. Black said something about whiskey to Mrs. Frank in Mr. Frank's presence. Mrs. Frank said Mr. Frank hadn't had any breakfast and we'd allow him to get breakfast. I told Mr. Black that I was hungry myself. Frank said let me have a cup of coffee, Mr. Black in a kind of slip, said, "I think a drink of whiskey would do him good," and Mrs. Frank made the remark that she didn't think there was any whiskey in the house. Mr. Frank seemed

Visible Translated Text Is As Follows: that he didn't know whether he did or not but that he could tell whether she worked at the factory by looking at his pay roll book - As we were leaving Mr. Frank's house, Mr. Frank asked Mrs. Phagan to telephone Mr. Darley to come to the factory. Mr.-Frank was apparently still nervous at the under- taking establishment, he stepped lively. He was just his general manner that indicated to me that he was nervous. I never saw Mr. Frank in my life until that morning. After we got out of Mr. Frank's

Visible Translated Text Is As Follows: (Defendant's Exhibit I), the first punch was 6:01, the second one was 6:32 or 6:33. He took the slip back in his office. I glanced all the way down and there was a punch for every number. While we were walking through the factory Mr. Frank asked two or three times for a cup of coffee. As to what Mr. Frank said about the murder, I don't remember that I heard him express himself except down in the basement. The officers showed him where the body was found and he made the remark that

Visible Translated Text Is As Follows: Frank stepped into that dressing room, but he passed out of my view. So did Mr. Black. Mr. Ghesling had a better view of Mr. Black and Mr. Frank than I did, because my back was to them and Mr. Ghesling was looking straight across the body at them. Mr. Frank had no difficulty in unlocking the safe when we went back to the factory. The elevator we went down on is a freight elevator, makes considerable noise. It stops itself when it gets to the bottom. I don't think it hits the ground.

Visible Translated Text Is As Follows: dressing room and Mary's machine within two or three feet. Mr. Frank, during the past twelve months, would pass through the metal department looking around every day. Sometimes I would find him talking to some of the men in the office at the clocks. He came back in the metal room to see how the work was getting on. The metal is kept in a little closet back under the stair steps. I asked Mr.Quinn, not Mr. Frank, if the metal had come. Saturday at twelve o'clock is the regular pay-day, but the week

Visible Translated Text Is As Follows: 17JOHN R. BLACK, sworn for the State.I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the phone. I didn't pay very much attention to it. I went over to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to

Visible Translated Text Is As Follows: 18anything that we might find in connection with the case. On Tuesday night Mr. Scott and myself suggested to Mr. Frank to talk to Newt Lee. Mr. Frank spoke well of the negro, said he had always found him trusty and honest. They went in a room and stayed from about 5 to 10 minutes alone. I couldn't hear enough to swear that I understood what was said. Mr. Frank stated that Newt still stuck to the story that he knew nothing about it. Mr. Frank stated that Mr. Gantt was there on Saturday

Visible Translated Text Is As Follows: whether Mr. Frank finished dressing upstairs or not. I couldn't see him when he went behind those curtains. We stayed at the Frank home about ten minutes. At the undertaking establishment I was right behind Mr. Frank. He-was-between me and the face when I saw the face when the undertaker turned her over. Yes, Mr. Frank was in front of me had an opportunity to see it also. No, Mr. Frank didn't go into that sleeping room. Mr. Frank went out just ahead of me. When we went back to the pencil factory Mr.

Visible Translated Text Is As Follows: 20MRS. J. W. COLEMAN, re-called for the State.Mary carried a little silver mesh bag the day she left her home, made of German silver. This looks like the handkerchief that she carried. (State's Exhibit "M.")J. M. GANTT, sworn for the state.From June last until the first of January I was shipping clerk at the National Pencil Company. I was discharged April 7th by Mr. Frank for alleged shortage in the payroll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the

Visible Translated Text Is As Follows: and kind of hesitated and stuttered like he didn't like me in there somehow or other.21GROSS EXAMINATION.I testified at the coroner's inquest. I admit I did not testify about Frank's knowing Mary very well there, that has been recalled to my mind since I was arrested on Monday, April 28th, at 11 o'clock and held until Thursday night about six.MRS. J. A. WHITE, sworn for the State.I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30

Visible Translated Text Is As Follows: I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank regarding the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, "I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a conference

Visible Translated Text Is As Follows: reached the street door entrance he found Lee talking to Gantt, an ex-book- keeper who Frank had discharged for stealing. Mr. Frank stated that he had arrived home at about 6:25 p. m. knowing that he had discharged Gantt, he tried to get Lee on the telephone at about 6:30; knowing that Lee would be in the vicinity of the time clock at that time and could hear the tele- phone ring; that he did not succeed in getting him at 6:30, but that he got him at seven; that he asked Lee the

Visible Translated Text Is As Follows: chipped out places. It was just as though somebody had taken a cloth and rubbed some white substance around in a circle, about eight inches in diameter. This white stuff covered all of the dark spots. I didn't note any unusual signs of nervousness about Frank in his office. There wasn't any trembling or anything of that sort at that time. He was not composed. On Tuesday night, April 29, Black, Mr. Frank and myself were together and Mr. Black told Mr. Frank that he believed Newt Lee was not telling all that he

Visible Translated Text Is As Follows: 25CROSS EXAMINATION.Yes, I sent you this report as to what happened between Mr. Herbert J. Haas and myself: "This afternoon Supt. H. B. Starnes and myself held a conference with Mr. Herbert Haas, at which time Darley's position in the matter was discussed, and Mr. Haas stated they wanted to learn who the murderer was, regardless of who it involved."- Mr. Haas told me that after I had told him we would withdraw from the case before we would not co-operate with the police. No, I did not report that to you. I reported

Visible Translated Text Is As Follows: serious mistake. That is an oversight. Yes, I reported to the police beforeI reported to Mr. Haas or Mr. Montag.RE-DIRECT EXAMINATION.Yes, our agency reported to the police about finding the club. I find itis in our report of May 15th. I don't know when it was reported; I wasout of town. I worked all through this case with Detective Black and everymove he made was known to both of us. As to the stairway from the base-ment to the upper floor, there was a great deal of dust on the stairs and thedust didn't

Visible Translated Text Is As Follows: that I had never seen before at the west end of the dressing room on the second floor of the pencil factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear - 6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white substance had been wiped over it. We kept potash and haskoline, both white substances, on this floor. This white stuff was smeared over the spots.

Visible Translated Text Is As Follows: 28on second floor near dressing room. That wasn't thereon Friday when Iswept between 9 and 12 o'clock. I use a small broom in sweeping. I saw abig cane broom standing by the waste material on Monday about six feetfrom where the blood was found. The spot looked to me like it was blood,with dark spots scattered around. It looked like the large broom had beenused in putting the haskoline on the floor by the impressions or scratches ofthe cane in the floor.CROSS EXAMINATION.I was a sweeper in the metal room. Yes, they have regular

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The pencils are painted on the third floor. There isn’t any paint used at all in the factory only in the polishing room, except on the third floor.B. B. HASLETT, sworn for the State.I went to Mr. Frank’s house Monday morning after the murder, about 7 o’clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.CROSS EXAMINATION.I saw Mr. Rosser and Mr. Haas at the station house about 8:30

Visible Translated Text Is As Follows: 800that I locked it Saturday. I did say in that affidavit it is kept locked all the time. The reason I said at the coroner's inquest that the elevator box was always locked and that I left it locked on Saturday was because I forgot to tell about that sawing. I did that sawing just after I left there Saturday. Friday evening I never heard Mr. Frank say anything to Newt Lee. When I left the factory at 11:45 on Saturday Mr. Frank said to me "You can go ahead if you want to;

Visible Translated Text Is As Follows: up there; I had to saw that plank for them. They told me that it would take them until about 3 o'clock. The office boy, Alonzo Mann, 18 or 14 years old, came in next. Mr. Frank came in about 8:20 or 8:45. He went right in his office, unlocked his safe and got out-his books. I went to work on them. Mr. Darley was the next one that came in and then Mattie Smith the next. She stayed about 10 minutes and went out again. I met Miss Corinthia Hall and Miss Emma

Visible Translated Text Is As Follows: RE-CROSS EXAMINATIONWhen I gave Mr. Dorsey that affidavit about locking the elevator I was telling more about my habit, the way I usually did it. I forgot to tell him about sawing those planks that Saturday morning and the fact that I sawed those planks makes me know that I left the elevator unlocked. The elevator makes a good deal of noise when it starts and when it stops.RE-DIRECT EXAMINATIONI was on the second floor when all of these people came in the factory. Mr. Frank worked on his books until he got ready

Visible Translated Text Is As Follows: done, I don't think. When riding down to the police station from the pencil factory Mr. Frank was on my knee, he was trembling. I saw the financial sheet on Mr. Frank's desk. Mr. Frank picked it up in his hand. Gantt was at the factory three or four times after he was discharged. My recollection is that Frank said something about the financial sheet on Sunday. It was on May 3rd that Mr. Haas, the insurance man asked that the factory be cleaned upon the Malsby side and on the other side. When

Visible Translated Text Is As Follows: 34he had to figure it up at the end of the month to get the average. To arrive at the profit that was made during the week he took the actual value of the pencil and the amount of expenses that was paid out for material, labor, etc. He had to get all the data, all the reports and make all those calculations. It usually took him from about half past two to three o'clock on Saturday until five-thirty, and some times later. This financial sheet (Defendant's Exhibit "2") is in Frank's handwriting and

Visible Translated Text Is As Follows: "jobs" implies I don't know how many different kind of jobs. There are 24 different kind of pencils. He puts them there as having been produced that week. He got the reports as to the quantity of each kind of pencil and had to tabulate all those reports and arrive at the total of each kind. No, I don't think he had to figure out the cost of production of each kind, but he figures the quantity of each kind of pencil and shows its value on the sheet. Starnes and Black and Anderson

Visible Translated Text Is As Follows: On a cloudy day it is very dark. We keep a light burning there most of the time. I couldn't say whether we had cleaned up all the trash and rubbish around the factory, because there are corners and crevices which we don't usually get to. Saturday, April 26, was a very bad, misty day, until about 9:30. It was cloudy most of the day. It was dark there around the elevator on the first floor and we had big heavy boxes piled up there. One of them must have been almost as large

Visible Translated Text Is As Follows: Mr. Frank saw anything going wrong inside the factory, he would refer thematter to me. I never saw Mr. Frank speak to Mary Phagan. I don't knowwhether he knew her or not. I didn't know we had a girl by that name in thefactory until I found it out afterwards. The two men working up in the fourthfloor all day Saturday could have come to the second floor into the metal roomand down into the basement if they wanted to, they had the whole run of thefactory. Yes, I have seen all kinds of

Visible Translated Text Is As Follows: 88ladder in the basement is much closer to the elevator than what is shown on the picture. It is about 6 feet. On the picture it looks to be about 10 feet and the toilet in the basement is closer to the elevator than the picture shows, it is right up against the wall. The picture does not show the Clarke Woodenware partition back of the elevator. The door to the Clarke Woodenware Company also is closer to the elevator than the picture shows. On the stairs from the first to the second floor

Visible Translated Text Is As Follows: of the clock Sunday morning had been punched regularly. I made the same mistake standing right-there by his side. I didn't see Mr. Frank date the slip. It ought to have been dated the 26th. The slip I saw didn't have any time on it except the watchman's time. I don't know whether I would know it or not, to identify. The slip-404, not made in-duplicate. As to whether there is any mark on the slip to enable any one to identify it, as the one taken out that night, my memory is that

Visible Translated Text Is As Follows: I continued to call for about five minutes. I told Central that there had beena girl killed in the factory and I wanted to get Mr. Frank. I called Mr. Haasand Mr. Montag, too. I got a response from both. I think a lady answeredthe telephone. I got them in a few minutes. I tried to get Mr. Frank againabout four o'clock. Central said she rang and she couldn't get him. Therewas some blood on the girl's underclothes.CROSS EXAMINATION.There was a wound on the left-hand side of the girl's head. The blood wasdried up.

Visible Translated Text Is As Follows: G. C. FEBRUARY, sworn for the State.I was present at Chief Lanford's office when Leo M. Frank and L. Z. Rosser were there. I took down Mr. Frank's statement stenographically. I don't remember Frank's answers in detail. Mr. Rosser was looking out of the window most of the time. He didn't say anything while I was in there. This (Exhibit B, State), report is correct report of what Mr. Frank said. It was made on Monday, April 28th.CROSS EXAMINATION.I believe Mr. Rosser and Mr. Frank were in the room when I came in. It

Visible Translated Text Is As Follows: Mr. Starnes, Mr. Campbell, Mr. Morse, Mr. Martin and Mr. Dorsey all talkedto me. I didn't go down to see Miss May at the station house. I didn't see Mrs.Frank or Mrs. Selig that Saturday through the mirror. I didn't keep my eyeon the mirror all the time. I couldn't tell who was in the dining room withoutlooking in the mirror. Mr. Frank got there not later than 1:30. Mr. Frankcame on back to Pulliam Street, and caught the Georgia Avenue car at thecorner of Georgia Avenue, and Pulliam Street. I am certain that

Visible Translated Text Is As Follows: 4330 minutes. I was in the automobile with Mr. Frank and Mr. Black and his leg was shaking. He was under arrest at the time.CROSS EXAMINATION.I don’t know what he was doing in the office. I saw some other people up there that I didn’t recognize. I was sent to the pencil factory to notice Mr. Frank and the pencil factory. I thought Mr. Frank would be arrested.J. L. BEAVERS, sworn for the State.I am Chief of police of the City of Atlanta. I was at the pencil factory on Tuesday, April 29th, and

Visible Translated Text Is As Follows: 44CROSS EXAMINATION.I was called as a witness in this case a week after it started. I told some of my friends about Mr. Frank's nervousness and they advised me to go to Dorsey. I never knew or saw Mr. Frank before. When we were told of how the little child was murdered, it excited me some.RE-DIRECT EXAMINATION.I don't recall trembling any. I am pretty sure I didn't because my friend that I went to Opelika with that morning suggested that I was trembling when I went through there, and I told him I was

Visible Translated Text Is As Follows: before death because it was very much swollen: if it had been hit after death there wouldn't have been any swelling. I found a wound 2½ inches on the back of the head. It was made before death because it bled a great deal. The hair was matted with blood and very dry. If it had been made after death, there would have been no blood there. There was no circulation after death. The skull wasn't crushed; the scalp was broken. The indication was that it was made before death. There was a scar

Visible Translated Text Is As Follows: 46on the inside of the garment high up about the waist line which to my mind could not have been produced by turning with the tail.CROSS EXAMINATION.I found grit and stain on all of the chips. I couldn't tell the one that I found blood on. I did the work in the ordinary way. The whole surface of the chips was coated with dirt. I couldn't tell whether the blood stain was fresh or old. I have kept blood corpuscles in the laboratory for several years. I found probably three or four or five

Visible Translated Text Is As Follows: shaft with an edge, it might have produced the wound. I do not know of the kind of instrument that produced the wound. There was no contusion on the inside of the skull, but the skull was not fractured. Neither the brain nor the meningis were affected. There was a slight contusion on the inner lining of the skull. There was no bleeding on the brain tissues. I don't know whether it would produce unconsciousness or not. I was never asked before to examine the inside of anybody's skull to determine the fact whether

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.I could not detect the hymen from a digital and ocular examination. Ordinary normal menses would produce congestion of the blood vessels in the womb. The blood, flowing over the hymen, I think would produce a little inflammation at the hymen, but if the hymen was broken down, I don’t know that menstruation would have any affect upon the hymen. If the menstruation was about off, then I would say that any undue excitement might produce the flow again, or increase the flow that was already there. The contents of this bottle didn’t

Visible Translated Text Is As Follows: 49surface and a great deal of hemorrhage in the surrounding tissues. The dilation of the blood vessels indicated to me that the injury had been made in the vagina some little time before death. Perhaps ten to fifteen minutes. It had occurred before death by reason of the fact that these blood vessels were dilated. Inflammation had set in and it had been an appreciable length of time for the process of inflammatory change to begin. There was evidence of violence in the neighborhood of the hymen. Rigor mortis varies so much that it

Visible Translated Text Is As Follows: around the neck of this little girl and produced the same results as I found. I took about five or six ounces altogether out of the stomach. It was all used up in making my experiments. I know of no experiments made as to the effect of gastric juices where the patient is dead. The juices of the body after death gradually evaporate. The chief analysis of each cabbage varies, not only in the plant but from the way it is cooked. It is a very vague matter as to what influences may retard

Visible Translated Text Is As Follows: some parties in the office but I don’t know them. They were ladies. Sometimes there would be two and sometimes more. I don’t know whether it was the stenographer or not. I don’t recollect the next time I saw him in his office. I never saw any gentlemen but Mr. Frank in there. Every time I was in Mr. Frank’s office was before Christmas. Miss Daisy Hopkins introduced me to him. I saw Conley there one time this year and several times on Saturday evenings. Mr. Frank wasn’t there the last time. Conley was

Visible Translated Text Is As Follows: 52RE-DIRECT EXAMINATION.Miss Daisy Hopkins knows Mr. Frank. I have seen her talking to him and she told me about it.S. L. ROSSER, sworn for the State.I am a city policeman. On Monday, April 28th, I went out to see Mrs. White. On May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th. These are the same clips we had at factory. The club was not on floor by elevator the day I searched the place. I had a flash light

Visible Translated Text Is As Follows: there Thanksgiving day, she was a tall, heavy built lady. I stayed down there and watched the door just as he told me the last time, April 26th. He told me when the lady came he would come and let me know that was the one and for me to lock the door. When he told me the lady came and he stomped for me, I went and locked the door. He told me. He told me when he got through with the lady he would whistle and for me then to go and

Visible Translated Text Is As Follows: give the young lady time to get out" - I says, "All right, I will do just as you say," and I did as he said. Mr. Frank hit me a little blow on my chest and says, "Now, whatever you do, don't let Mr. Darley see you." I says, "All right, I won't let him see me," and then Mr. Frank went upstairs and he said, "Remember to keep your eyes open," and I says, "All right, I will, Mr. Frank." And I eat there on the box and that was the last

Visible Translated Text Is As Follows: and rubbing his hands like this. He had a little rope in his hands—a long wide piece of cord. His eyes were large and they looked funny. He looked funny out of his eyes. His face was red. You see, I had a cord in his hands just like this here cord. After I got up to the top of the steps, he asked me, "Did you see that little girl who passed here just a while ago?" and I told him I saw one come along there and she come back again, and

Visible Translated Text Is As Follows: found I couldn't get it on my shoulder, it was heavy and I carried it on my arm the best I could, and when I got away from the little dressing room that was in the metal department, I let her fall, and I was scared and I kind of jumped, and I said, "Mr. Frank, you will have to help me with this girl, she is heavy," and he come and caught her by the feet and I laid hold of her by the shoulders, and when we got her that way I

Visible Translated Text Is As Follows: takes a cigarette and a match and hands me the box of cigarettes and I lit one and went to smoking and I handed him back the box of cigarettes, and he put it back in his pocket and then he took them out again and said, "You can have these," and I put them in my pocket, and he said, "Can you write?" and I said, "Yes, sir, a little bit," and he taken his pencil to fix up some notes. I was willing to do anything to help Mr. Frank because he

Visible Translated Text Is As Follows: paper dollar bills in there and two silver quarters and I took a drink, and then I bought me a double header and drank it and I looked around at another colored fellow standing there and I asked him did he want a glass of beer and he said "No," and I looked at the clock and it said twenty minutes to two and the man in there asked me was I going home, and I said, "Yes," and I walked south on Forsyth Street to Mitchell and Mitchell to Davis, and I said

Visible Translated Text Is As Follows: Frank told me to come to his office. I have never seen any cot or bed down in the basement. I refused to write for the police the first time. I told them I couldn't write.CROSS EXAMINATION.I am 27 years old. The last job I had was working for Dr. Palmer. I worked for him a year and a half. I worked before that for Orr Stationery Company for three or four months. Before that I worked for S. S. Gordon. Before that I worked for Adams Woodward and Dr. Honeywell. Got my first

Visible Translated Text Is As Follows: but $6.05. Snowball was drawing $6.05. As to who it was I didn't want to see what I was drawing, there was one named Walter Pride; he's been there five years. He said he drew $12.00 a week. Then there was Joe Pride, he told me he drew $8.40 a week. They were down in the basement and asked me how much I was drawing. I told them I didn't know none of their business. Then there was a fellow named Fred. I don't know how much he drew. The next one was the

Visible Translated Text Is As Follows: my habit not to do it. As to how they would know how much to pay me if I didn't ring in, I knew they paid me $1.10 a day all the time. No, they didn't pay me by the clock punches, they paid me by the day, they paid me 11c. an hour. Sometimes I would punch the clock when I got there; that was my duty. Sometimes I was paid when I didn't work, I don't know how that happened, but Mr. Frank would come and tell me I didn't take out

Visible Translated Text Is As Follows: that time about half an hour and then the girl went out. He gave me half a dollar this time. The next time I watched for him and Mr. Dalton too, somewhere along in the winter time, before Thanksgiving Day, somewhere about the last part of August. Yes, that's-somewhere after the winter. This time he spoke to me on the fourth floor in the office. Gordon Bailey was standing there when he spoke to me. He said, "I want to put you wise again for to-day." The lady that came in that day was

Visible Translated Text Is As Follows: 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 three o'clock. They stayed there about two hours. I didn't see either one of the ladies. I can't describe what either one of them had on. The man was tall slim built, a heavy man. I have seen him at the factory talking to Holloway, he didn't work there. I have

Visible Translated Text Is As Follows: told me to watch for him. I don't know whether Mr. Frank knew he was there or not. There were eight 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 me were the last negroes to get jobs there. We were the new darkies; the others had been working there 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.

Visible Translated Text Is As Follows: could'nt tell you anybody who came to the factory the first Saturday I watched.The second time I think there were some young ladies working up on thefourth floor. I don't know about the third time. I don't know whether any-body was working there Thanksgiving or not. I didn't see Mr. Schiff at all.I will swear that he was not in the office with Mr. Frank. I don't knowwhether any ladies were working there the next time or not. I have been backin the metal department, but I never have been on the right hand

Visible Translated Text Is As Follows: that statement in the detectives' office. Mr. Black and Mr. Scott were present. They didn't question two or three hours. I did some writing before then, before that statement was made. Yes, I know I did some writing before May 18th. I did some writing in Chief's office that Sunday. I told Black I bought whiskey on Peters Street at about 10.30. I told them I paid forty cents for it. I don't remember telling them that I bought the whiskey at 11 o'clock. Yes, I told them I went into the Butt-In Saloon

Visible Translated Text Is As Follows: reason I told them I left home at 9 or 9:30, because there was not anything doing at the factory at that time. I told them it was about 9 o’clock when I looked at the clock, because I don’t know what time it was when I looked at the clock, and I told them I had some steak and some sausage for breakfast and a piece of liver and I drank some tea and bread. Well, there was some sausage, but I don’t know whether I ate it or not. Yes, I had

Visible Translated Text Is As Follows: there. I must have said so. I don't remember saying it. I told them I metMr. Frank at the corner of Nelson and Forsyth Street before I went to thefactory. Yes, I told them I went from Peters Street and met him at the cornerof Nelson and Forsyth before I went to the factory. As to why I told them thatstory, because I did meet him there. No, I didn't go straight from PetersStreet to meet him at the corner of Nelson and Forsyth as I told them. I wentstraight from Peters street to

Visible Translated Text Is As Follows: back from Montag's. It may have been about 11 o'clock. Miss Mattie Smithleft the factory somewhere about 9:30. It was after we got back from Montag'sthat I saw Mr. Darley leave. Mr. Holloway and the peg-legged negro wentupstairs and came down before Mr. Darley left the factory. They could haveseen me sitting on the box, as they came out the factory. Mr. Holloway leftabout 10 or 15 minutes after Mr. Darley left. It may have been four or fiveminutes. After Mr. Holloway left, I told them-Mr. Quinn came in-I may havetold them that a

Visible Translated Text Is As Follows: to tell it all right at one time. I just told a little and kept back a little. Yes, and Mr. Dorsey went down seven times while I was telling some and holding back some. They didn't ask me to back any stories. No, it didn't take Mr. Dorsey seven-times to tell the truth. Yes, I said I added to it every time he went down. But he wouldn't go back and try to do anything with it. I didn't tell the officers that I went to a moving picture show after I left

Visible Translated Text Is As Follows: stayed up there a good little while, ten or fifteen minutes. I didn't tell the officers the peg-legged negro went up first. I didn't tell them in the first statement. I may have told them in the next statement. The peg-legged negro didn't stay up stairs no time. Came back down with Mr. Holloway. Mr. Darley came down five or ten minute after Mr. Holloway came down. Yes, that was after he came back from Montag's. I have no idea what time it was. After Holloway came down, the lady with the green dress

Visible Translated Text Is As Follows: 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, had whitish looking stripes on it. I taken the cloth and spread it down and rolled the little girl in-the cloth and tied it up and laid her down in the cloth, I tied the cloth around her. I did my best and her feet were hanging out of the cloth, also her head. If I didn't tell Black and Scott anything about the hat and

Visible Translated Text Is As Follows: Miss Mary Fink on April 28th and she didn't say that I committed the crime and I didn't shoot out of the room immediately after she said that I didn't tell Miss Carson on Monday that I was drunk all day Saturday. I didn't see her at all on Monday. I didn't tell Mr. Herbert Haas 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

Visible Translated Text Is As Follows: wrote the word ‘Luxury’ and ‘Thomas Jefferson.’ I didn’t have anything at all to copy from. I was writing it down for Mr. Frank.MRS. J. A. WHITE, recalled for the State.I have seen this man before at police headquarters (indicating Conley) about a month after the murder. At that time I did not identify him as being the man I saw sitting on the box. The man sitting on the box was about the same size as Jim Conley. I couldn’t state it was Jim Conley. He was sitting in a dark place, and

Visible Translated Text Is As Follows: (Witness identifies various portions of factory from the factory model—Defendant's Exhibit 4). There is no lounge, sofa, cot or bed-in-the whole factory. I found two boxes down in the basement in Clark Woodenware side of old dirty, rotten stuff, too dirty and rotten for a human being to rest upon. It's boggy in there. They had on top of them some dirty, filthy, nasty crocus sacks. There is no lounge, bed, sofa or anything of the sort in the metal room. I have never seen a chair in there. I have never seen any

Visible Translated Text Is As Follows: 76to see if I could pick out a man that looked suspicious, and Jim Conley was the man I thought looked most suspicious. The latter part of last year I issued orders that the sweepers must stop cleaning up by twelve o'clock and if they hadn't cleaned up by that time they would have to knock off and leave the factory. If they stayed there after twelve o'clock I didn't know anything about it. Harry Denham usually stayed in the factory every other Saturday afternoon to clean the motor and oil the machinery and

Visible Translated Text Is As Follows: 77RE-DIRECT EXAMINATION.I communicated immediately with the police when we found the blood back there. I think Harry Scott was the first man I reported Conley's nervousness to. It was on Monday, April 28th, 1913.E. F. HOLLOWAY, recalled for cross examination.I am the day watchman and time keeper. I look after the register to see that everybody registers. No, it was not a habit of Conley to register or not as he pleased and to get his pay anyhow. If he didn't register I always got after him. I applied the same rule to him

Visible Translated Text Is As Follows: except when Schiff. was off on his vacation. I have never seen any of them bring any women in there or take any out. I have never been sick or missed a single Saturday since last year. I would leave about 4.30 Saturday after- noon. I have never seen Dalton in the factory at all. I wouldn't have let a fellow like that in the building unless I knew what his business was. There was nobody practicing any immoralities in the building. If they did I would know it. I would have put them

Visible Translated Text Is As Follows: remember the time. I never saw Conley on April 26th. If he was there he was skulking around and hiding. I never saw McCrary talk to him that day. On Monday morning I saw Conley, instead of being upstairs where he ought to be sweeping, he was down in the shipping room watching the detectives, officers and reporters. I caught him washing his shirt. Looked 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

Visible Translated Text Is As Follows: 80some time. Hasn't been used since Christmas. If the negro went out and bought-beer I didn't know it. I never saw him. I don't recollect whether the drayman was up there April 26th to get his pay or not. There was so much excitement in the factory on Monday that we shut down about 9:30. Nobody stayed at their work. Jim Conley quit work like everybody else and went out. As to-one thing that Conley said that the others didn't do I haven't got any. The shirt he was washing was the same shirt

Visible Translated Text Is As Follows: 81very strongly to him and tried to make him give a confession. We used alittle profanity and cussed him. He made that statement after he knew that Iknew he could write. We had had him for about the last three hours that day. Hemade another statement on May 24th which he was put in writing. (Defend-ant's Exhibit 37.) He was carried to Mr. Dorsey's office that day and wentover the statement with Mr. Dorsey. He still denied that he had seen thelittle girl the day of the murder. He swore to all the statement

Visible Translated Text Is As Follows: 82the little girl was Mary Perkins. He never said anything at all about MaryPerkins. We pressed him that day as to whether he saw Mary Phagan or not.He finally told us that he saw her dead body. He never did tell us that he hearda lady scream though we asked him about it. He said he did not hear anybodyscream while he was sitting on the box. He said he didn't hear anything atall that day. He never said anything about Mr. Frank having hit her, andhaving hit her too hard. He never said

Visible Translated Text Is As Follows: Don't know the day. It was shortly after April 28th. After Conley madehis last statement Chief Beavers, Lanford and I went to the jail with Conleyand saw the Sheriff and he went to Frank's cell. The last time I saw Frankwas Saturday, May 3rd. As to whether Mr. Prehn refused to see me, onlythrough Sheriff Mangum, as to the number of people I told Conley didn't fitthe first time and those I told him didn't fit the last time, I couldn'tnot name those, that would almost be impossible unless I had the statementclear in

Visible Translated Text Is As Follows: get off the car at Broad and Marietta because there was a street car conductorsitting behind me, an ex-conductor and he had a badge on his coat and Ilooked at it and it had a little girl's picture. I reached over to where Marywas and said, "Little girl, here is your picture" and she said, "No, it is not."I don't know who the other little girl was riding with her. The other littlegirl was dressed something like Mary. I didn't pay much attention to theirdresses, but they looked sort of alike. Mary's dress wasn't

Visible Translated Text Is As Follows: 85passengers except Mary Phagan. As to what attracted my attention to Mary getting on the front end of the car, as a general rule when she would catch our car Mr. Matthews would say to her "You are late to-day," and sometimes she would come in and remark that she was mad; that she was late to-day and when she came that morning Mr. Matthews said to her, "Are you mad to-day ?" and she said, "Yes, I am late." And sort of laughed and came on in the car and sat down. She

Visible Translated Text Is As Follows: of the company were taken care of. We simply looked after the manufacturing end. The financial sheet which Mr. Frank and I worked on on Saturdays showed how our week terminates, whether a profit or loss. We had to show what we manufactured, what we packed, the materials that were made to go on the pencils, covering lead, plugs, tips, boxes. We showed our shipments, what our average-order-jobs amounted to, what we purchased for and the price. Our factory week began on Friday night and went through Thursday night. In making up the financial

Visible Translated Text Is As Follows: Frank. There were no women at the factory. I have never seen Mr. Daltou in the factory in my life. Daisy Hopkins waited on the office floor. She left the factory June 6th, 1912, as appears from the time book. Never saw her in the factory after she quit work. On the 26th Saturday in January, Frank remained in the office with me until 5 o'clock to catch my train. I was at the factory last Thanksgiving day. It was very cold and rainy. It was a holiday at the factory. The office boy

Visible Translated Text Is As Follows: stop on the platform. Mr. Frank did not know that I had not completed the data sheet (Defendant's Ex. "8") for him before Saturday morning. It usually took Mr. Frank and me about three hours to finish the financial sheet. This is the financial sheet that Mr. Frank made up on Saturday afternoon, April 28th (Defendant's Ex. "2"). It is in his handwriting. I didn't see it at the factory on Friday. First saw it the following week when I got it back from the general manager. It is accurately prepared from the calculations

Visible Translated Text Is As Follows: 89packed 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 2500 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 other and the wrapper goes around it. The assortment boxes don't take skeletons, the cheaper pencils do. He had to know the

Visible Translated Text Is As Follows: 90count it as actual cash. On that Saturday, we couldn't have over $30 or $35 in the drawer. Yes, I acquainted Joel Hunter, the accountant, with all the data that goes in the financial sheet and explained it to him in detail, and also Mr. Bidwell. I gave them all the data necessary to make up the sheet. The sheet here headed "Comparison 1912-1913" is 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

Visible Translated Text Is As Follows: cinnati, Ohio, received 4-26-13, ship at once." All of these eleven orders are in Mr. Frank's handwriting and he entered them that day. That is the regular book that we keep those orders in (Defendant's Exhibit 12). I have looked at the original orders and compared them with Mr. Frank's entry in the book and they are correct. I have here the original orders from which Mr. Frank made his entries, with the exception of one, which I can't find. They were in Mr. Dorsey's possession for some time. These are the eleven original

Visible Translated Text Is As Follows: 92do 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 in the back of the room. I said, "What are you doing here?" He says: "I am scared to go out, I would give a million dollars if I was a white man." I is very dark on the ground floor around the elevator. I have never known the doors to Mr. Frank's inner or outer office to be locked. Even if they were you can see

Visible Translated Text Is As Follows: 93book was on Monday or Tuesday. It takes about an hour or an hour and a quarter to enter those orders on the book. It is true that I testified before the coroner that it wouldn't take over half an hour to make the orders. It takes an hour and a half to do all of the work of transcribing them that you pointed out to me. Acknowledgments are usually made by the person who transcribes the orders and enters them on the requisition. If Mr. Frank didn't make acknowledgments, that would not make

Visible Translated Text Is As Follows: it and put it under the head of specialty, that is the head of the classes of goods manufactured that week. You must have the slat record. I haven't got the slat record here. It certainly is different from this. It comes from the cedar mill. The item on the financial sheet "Defendant's Exhibit 2) that he got from the slat record is the item under "Material Cost" -- "Slats 2719½ gross at 22c." That is all he would have to get on the financial sheet with reference to slats. That wouldn't take any

Visible Translated Text Is As Follows: else the same way. When we advance a man money it is put down on a slip and entered in an envelope, called "Loan." We don't take a receipt for it. I can show that Frank gave $2.00 to Arthur White and it was deducted. I made the entry in the time book the next week and deducted it the following Saturday. We don't enter it on the cash book or average sheet (Defendant's Exhibit 5) as all in Mr. Frank's handwriting. It begins from January 10, 1911. As a rule Mr. Frank put

Visible Translated Text Is As Follows: Thanksgiving 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 did that afternoon. I do know that I remained at the factory every Saturday afternoon since I have been there because I have nothing else to do. I paid off, April 25th. I remember Helen Ferguson coming to the window and I paid her. I can tell you the names of many more that I paid off that afternoon. (Witness gives names of eight or ten more he claims

Visible Translated Text Is As Follows: 97factory. The times was when women came up there and tried to get money toget him out. I have seen these books scattered all over the factory, wholebooks and parts of books. I have seen them since this murder. Both beforeand after. I have seen sheets sometimes. I knew that Jim could write. Ihave given him and the other negroes tablets like (State's Exhibit H).They are kept everywhere in the factory. They would go down in the base-ment and write. I did not talk to Frank on Monday or Tuesday about JimConley's peculiar conduct

Visible Translated Text Is As Follows: 98RE-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 to make an engagement Friday for Saturday evening and then go off and leave the financial sheet untouched. The pencil factory is three- or four blocks from Montag’s. Some of them are short blocks. Guess it takes three to five minutes to go over there. I have never timed myself. The first time on Monday I observed the peculiar behavior of Conley was between

Visible Translated Text Is As Follows: 99and entered and how he figured it.) In my opinion it would take a prettyswift man three and a half hours.CROSS EXAMINATION.A man's familiarity with a special class of work will aid materially inmaking it up. If he had had to get up the information which was furnishedme it would take him a good deal longer than it did me, for the informationwas already furnished me. I have allowed for his experience and familiaritywith the business, in the way of saving time, in making my estimate. I havetried to make my figures sufficiently conservative

Visible Translated Text Is As Follows: 100RE-DIRECT EXAMINATION.In making out this sheet Mr. Frank had to make about 40 multiplications, 160 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 $2.00 was for "what" Mr. Frank loaned him that day and $2.00 loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2.00 these slips are not kept after we take it off. After the payroll is made we

Visible Translated Text Is As Follows: Frank that I would have time to come over there and that I would be over there later. I started over to the factory between 10:30 and 11. I went alone. It takes about five minutes to get over there and I reached there before eleven o'clock. I don't know whether Mr. Frank was there when I got there. I waited in the outer office a few minutes before I started to work. I went in the inner office to get the orders to acknowledge for Mr. Frank. I acknowledged them for Mr. Frank.

Visible Translated Text Is As Follows: was I that called Mr. Frank over the telephone. I did not insist on going over there. He insisted on my coming. The acknowledgments consisted of stamping the orders with a number, putting the dates down there and acknowledging them by post cards to the people. Mr. Frank did not leave Montag's with me. He left before I did. He didn't know how long it was going to take me to write those letters. Mr. Montag hadn't finished dictating to me when I talked to him, so he did not wait. While I was

Visible Translated Text Is As Follows: 108desk. When I was in there he was at work on a pile of letters and thingslike that.RE-DIRECT EXAMINATION.When I was first employed at the factory Mr. Nix said to me, "I willgive $12.50 a week, when the busy season comes up, about the first of August,I will raise it to $15. About the middle of June, I asked him to raise it onthe first of July, but he said, "We will wait until August 1st." At the timeI testified at the coroner's inquest. I had never seen any of the financial sheets.I did

Visible Translated Text Is As Follows: 104MRS. EMMA CLARKE FREEMAN, Sworn for the Defendant.I married on April 25th. I worked at the pencil factory before that, at the time I was married. I was laid off on April 25 by Mr. Schiff. On the 26th I reached the factory when the bell about 25 minutes to 12. I saw Mr. Frank at his office. He was talking to two men when we went in. Mrs. White and Mr. Frank’s stenographer were also in the office. Mr. Frank gave us permission to go up on the fourth floor to get my

Visible Translated Text Is As Follows: 105next to Mary's. There is a good deal of water over there by Mr. Quinn's room. Mary's hair was a light kind of sandy color. You could plainly see the dark spots and white spots with it ten or twelve feet away. Helen and Mary were the best of friends and were neighbors. Helen made mention that Mary was not there when we were paid off. I have never noticed any spots around the metal room. That's the first time I had ever seen anything like that.RE-DIRECT EXAMINATION.I have never looked for spots before.

Visible Translated Text Is As Follows: 106RE-DIRECT EXAMINATION.I went to Mr. Dorsey’s office because he subpoenaed me. I thought I had to obey it. Mr. Starnes and Mr. Campbell and the stenographer were there. All of them asked me questions. I signed a statement about twenty-one pages long. I have seen Jim Conley reading newspapers up on the fourth floor, twice since the murder. It is not unusual to see spots all over the metal room floor.RE-CROSS EXAMINATION.Conley was sitting by the elevator when he was reading those papers, during working hours. The other time he was reading down at

Visible Translated Text Is As Follows: She left about two o'clock. She left about two o'clock because we were out of material and she was laid off for the rest of the week. I have never seen Mr. Frank speak to her. I went to the factory on April 26th, to see Mr. Schiff. He was not there. I often go there on Saturdays and holidays. The street doors were open when I got there. I did not see Mary Phagan, nor Jim Conley, nor Monteen Stover. The doors to Mr. Frank's inner and outer office were open. The time

Visible Translated Text Is As Follows: reckoned it so positively. I left home I knew at about a quarter to twelve. I looked at my watch. It takes twelve or fifteen minutes to walk to the factory. I got to Wolfheimer's pretty close to 12 o'clock. I was there ten or fifteen minutes.RE-DIRECT EXAMINATION.At the time the detectives and Mr. Dorsey talked to me about the murder, I overlooked the fact that I had been to Wolfheimer's. My wife called my attention to it when I got home. I mentioned this matter to my father and my wife before I

Visible Translated Text Is As Follows: 109were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borned off from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see whether anything is being put in or taken out of the elevator on the office floor. White and I on the fourth floor could have gone anywhere in the building that day. It was open to us.CROSS EXAMINATION.We were working about 40 feet from the elevator. There were crocus

Visible Translated Text Is As Follows: 110husband and another man were there. I was working at the Selig's when they come and got me. They tried to get me to say that Mr. Frank would not allow his wife to sleep that night and that he told her to get up and get his gun and let him kill himself, and that she made her get out of bed. They had my husband there to bulldoze me, claiming that I had told him that. I had never told him anything of the kind. I told them right there in Mr.

Visible Translated Text Is As Follows: 111before I did on April 26th and left the house before I breakfasted. I got back home to dinner about 1:15. My wife and Mrs. Frank were eating then. They told me in the morning to come home a little sooner, that they wanted to go to Grand-Opera that afternoon. We have dinner a little earlier than usual, and I came home a little earlier. Mr. Frank came in after I did, about 1:20. There was nothing unusual about him. No scratches or bruises about him. He sat down to his meal. The ladies

Visible Translated Text Is As Follows: 112MRS. EMIL SELIG, sworn for the Defendant.I am Mrs. Frank's mother. Mr. and Mrs. Frank have been living with us two years. The sideboard is in the same position it always has been except when we sweep under it. We had lunch on April 26th after 1 o'clock, about ten minutes past one. Mr. Frank came about twenty minutes past one while we were eating. He sat down with us and ate. Mrs. Frank and I left before he did. We left about half past one. He was still eating at the table. After

Visible Translated Text Is As Follows: 113Sunday. The first that I knew of it was when I saw her name in the paper the next morning. The subject was mentioned at the dinner table on Sunday.RE-DIRECT EXAMINATION.My health is bad and I did not 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 Dodsom Medicine Company as stenographer. My father works for

Visible Translated Text Is As Follows: 114clock because I had an appointment at a quarter after one. I left Kress' atfive minutes after one and went down Whitehall street to Jacob's corner.Whitehall street was badly crowded. It didn't take me more than a minute ora minute and a half to walk down to the corner. It was only a few steps.There was no one standing between the bank and myself on AlabamaStreet.MRS. A. P. LEVY, Sworn for the Defendant.I live right across the street from where Mr. Frank lives. I am not arelation of his either by blood or marriage.

Visible Translated Text Is As Follows: 115CROSS EXAMINATION.He had not seen me for several weeks. He didn’t know I was in the city, and when he saw me there on the porch he came over to speak to me. 387 Washington Street is three doors above Glenn Avenue. I saw him take the car at the corner of Glenn and Washington Street.JEROME MICHAEL. Sworn for the Defendant.I live in Athens. I was in Atlanta on April 26th. I took dinner at Mrs. Wolfshiemer’s residence at 387 Washington Street. I saw Mr. Frank upon that day between five minutes to 2

Visible Translated Text Is As Follows: 116JULIAN LOEB, Sworn for the Defendant.I live at 380 Washington Street, across the street from the Wolfsheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank on April 26th in front of the Wolfsheimer residence. I was there when he came by. It was between 1:50 and 2 o’clock. He was talking to Mrs. Michael and Mr. Jerome Michael and was inviting them to attend a meeting of the B’nai B’rith lodge on the next day which was Sunday. He was president of that lodge. He left and walked towards town

Visible Translated Text Is As Follows: 2:15. As to how I knew that was the time after this matter came up I experimented to see just what time it was I saw him on the car, and I have gone over my movements just as I did them on that day, and the first time I experimented I got to the Capitol five minutes past two, and the second time I got there at eight minutes past two, and the third time exactly at two o'clock. I came very near colliding with the car in front of the capitol, as

Visible Translated Text Is As Follows: 118wouldn'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 time also before I saw him going into Jacobs'. I am certain of the time I saw him. That was the exact time by the clock. I get $10.00 a week. Last time my salary was raised it was raised in January. There has been no raise since then. I had heard that some of the

Visible Translated Text Is As Follows: 119seen girls once or twice come in with their fingers mashed come into the toilet room and go to the sink after they had washed their fingers. I don't know when I heard that Mrs. White said that she had seen a negro sitting on the box. I think I read it in the paper sometime that week. The big spot of blood I was talking about was occasioned by the girls whose sickness was on them. I have never seen Mr. Frank or anybody else have anybody down at the office at any

Visible Translated Text Is As Follows: 120MISS DORA SMALL, Sworn for the Defendant.I worked on the fourth-floor of the pencil factory for five years. I saw Jim Conley on Tuesday. He was getting me to get money from me to buy a newspaper and then he would come and ask me for copies of the paper before I would get through reading them. They were extras. He would even get two of the same edition. He would take it and run over there and sit on a box by the elevator and read it. He can read all right. He

Visible Translated Text Is As Follows: 121MISS JULIA FUSS, Sworn for the Defendant.I work on the fourth floor of the pencil factory. I have never known anything wrong or immoral to be going on in Mr. Frank's office. I talked with Jim Conley Wednesday morning after the murder. He was sweeping around there and asked me to see the newspaper. As he read it he kinder grinned. He told me he believed Mr. Frank was just as innocent as the angels from Heaven. I know his general character. He was never known to tell the truth. I would not believe

Visible Translated Text Is As Follows: 122CROSS EXAMINATION.I have been in Mr. Schiff's house about seven years. On Saturdays and holidays Mr. Schiff generally gets up about seven o'clock and goes to the factory when I wake him up. He never gets up unless I wake him. Mr. Schiff told me sometime afterwards he was glad I did not wake him up that day. I know it was eleven o'clock when he called up the second time, because the clock was striking. They didn't say what Mr. Frank wanted him for.ANNIE HIXON (c), Sworn for the Defendant.I am Mrs. Ursenbach's

Visible Translated Text Is As Follows: 123CROSS EXAMINATION.When Mr. Frank came that morning, he went right on into the office, and was at work there and stayed there. He wasn’t out once. Don’t know how long he stayed out.M. O. NIX, Sworn for the Defendant.I am credit man for Montag Bros. and bookkeeper. I have charge of the bookkeeping and documents and papers of the National Pencil Company. I am familiar with Mr. Frank’s handwriting. These financial sheets beginning with May 22nd, 1912, and ending May 24, 1913 (Defendant’s Exhibit 9), are in Mr. Frank’s handwriting. The eleven items beginning

Visible Translated Text Is As Follows: 124RE-DIRECT EXAMINATION.I have never seen a letter written by Mr. Frank. The only writing of his that I am familiar with are figures and things like that, pay-rolls, writings in requisitions and words that consists largely of abbreviations.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

Visible Translated Text Is As Follows: 1258CROSS EXAMINATION.The letter was folded exactly as it is now to the best of my recollection, just in that shape. Mr. Frank has no rich relatives in Brooklyn. That is my son’s handwriting (State’s Exhibit K). It is a photographic copy. There was another paper included in the envelope which that letter came in, some price list, but I didn’t look at it. It had numbers of pencils and prices on it. That letter was read in Hotel McAlpin, in Mr. Moses Frank’s room. As to what relatives Mr. Frank has in Brooklyn, my

Visible Translated Text Is As Follows: 126him and his wife coming down Washington street opposite the Hebrew Orphans Home. He gave me my rain coat right there, which he had borrowed previously.CROSS EXAMINATION.He and his wife and my wife and myself generally play cards Saturday evening. We were very much interested in bridge and played together often. Mr. and Mrs. Selig's family usually played poker Saturday night. Mr. Frank and his wife never played poker. I am positive I rang Mr. Frank up and asked him to go to the ball game. Mr. Frank called it off about one thirty

Visible Translated Text Is As Follows: 127say anything about a cord around her neck but said she had a frill of her petticoat around her neck. He mentioned he had paid her off the Saturday before. I don't know that he mentioned the name of the girl at all at that time. He said he had discharged Gantt because he was not honest. I think he said Newt Lee was a good fellow because he knew about him. On Monday night over at Selig's Mr. Frank was there and we had a conversation on the subject. He spoke of having

Visible Translated Text Is As Follows: 128There 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 some joke he had read, and we asked him to desist as it was distracting us from the game. Frank was reading a magazine which caused him considerable merriment and laughter.I. STRAUSS, sworn for the Defendant.I was at the