Author: Historical Librarian

Visible Translated Text Is As Follows: 129and stayed about an hour. He talked to me, my stenographer, Miss Hattie Hall, and Mr. Gottheimer, one of the salesmen. Up to about a year ago I went to the factory almost every Saturday afternoon. Mr. Frank would always be working at his desk on the financial sheet. The telephone in my house is about 20 feet from my bed. I didn't hear it ring Sunday morning. My wife was aroused by its ringing and she waked me. The man at the other end asked me if I could identify a girl that

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

Visible Translated Text Is As Follows: 181CROSS EXAMINATION.I did not haul any for the pencil factory on April 26th. I took a sack of hay there. That was about 7.30... I didn't see Mr. Frank upstairs that time. I did not see Jim Conley at all that day. It may have been as late as 8.30 that I reached the factory that day. The trunk was not there. I was paid sometime before 12 o'clock that day. Some boxes are piled around in there pretty high around the elevator going down there. There are some pretty large ones, four or

Visible Translated Text Is As Follows: I worked at the factory on Saturday afternoons until 3.30 or four. Mr. Schiff and Mr. Frank would always be working in the office. I have never known him to have any women in there, or see any drinking going on. I would go to dinner about 1 or 1.30. Mr. Frank would go about 12.30 to one and get back about three. I would stay in the inner office all the time. Mr. Schiff sat right across from me in the inner office. I would go to Montag's and stay about ten or

Visible Translated Text Is As Follows: 138GODFREY WEINKAUF, sworn for the Defendant.I am superintendent of the Pencil Company's lead plant. Beginning withJuly, 1912, up until the first week in January, 1913, I visited the office of thepencil factory every other Saturday, between three and five o'clock. I wouldstay there about two hours. I would find Mr. Holloway, Mr. Frank and Mr.Schiff there. I never saw any women in the office there.CROSS EXAMINATION.I never saw Jim Conley there at the factory on Saturday afternoon. Iam sure I saw Holloway there on Saturday afternoon.CHARLIE LEE, sworn for the Defendant.I am a machinist

Visible Translated Text Is As Follows: 134ARTHUR PRIDE (c), sworn for the Defendant:-I worked on the second floor of the factory. On Saturdays I work all over the factory, doing anything that is necessary. Beginning with July of last year I have not missed a single Saturday afternoon at the factory. I would work until about half past four. I have never seen any women come up there and see Mr. Frank, or any drinking going on there, or seen Jim Conley sitting and watching the door. The employees used the back stairs leading from the metal room to the

Visible Translated Text Is As Follows: 186troduced him to Mr. Frank. There isn't a word of truth in that. I have never gone down in the basement with this fellow Dalton. I don't even know where the basement is at all. I have never been anywhere in the factory, except at my work.CROSS EXAMINATION.I have never been in jail. Mr. W. M. Smith got me out of jail. Somebody told a tale on me, that's why I was put in jail. I don't know what they charged me with; they accused me of fornication.RE-DIRECT EXAMINATION.I never was tried. I never

Visible Translated Text Is As Follows: 136Saturday afternoons, frequently during the past twelve months. I was there while Mr. Schiff was off on his trip. I was up at the office on the Saturday afternoon before Mr. Schiff went away. Mr. Holloway, Mr. Schiff, Mr. Frank and the office boy were there. I have never seen any women in Mr. Frank's office on the Saturdays I have been there.CROSS EXAMINATION.I have always found Mr. Schiff there on Saturday afternoons with the exception of the time when he was off on his trip during January and February. The only specific Saturday

Visible Translated Text Is As Follows: HENRY SMITH, sworn for the Defendant.I work at the pencil factory in the metal department. I work with Barrett. He has talked to me about the reward offered in this case. He said it was $4,300, and he thought if anybody was to get it, he was to get it, because he found the blood and hair, and he said he ought to get the first hook at it. He said it six or seven different times.CROSS EXAMINATION.He would come out of the room counting it off on his hands. He did that two

Visible Translated Text Is As Follows: JOE STELKER, sworn for the Defendant.I have got charge of the varnishing department at the pencil factory; about sixty people work under me. I saw the spot that Mr. Barrett claimed he had found in front of the young ladies dressing room. It looked like some one had some coloring in a bottle and splashed it on the floor. Chief Beavers asked me to find out whether it was varnish or not. I saw the white stuff on it. It looked like a composition they use on the eyelet machine or face powder. They

Visible Translated Text Is As Follows: 189in to view the body Mr. Frank was standing outside talking with Mr. Schiff and Mr. Darley. Mr. Frank went in to view the body later on, ten or twenty or thirty minutes later. I was sitting down waiting for the rest of the men while he went there. Zigank was sitting with me. I don't know whether Mr. Frank went in the room to see the body or not. Mr. Frank was nervous when he got there, and when he came out just the same. Just the same expression he has got on

Visible Translated Text Is As Follows: - 140 -should say that perhaps he was talking and not acting for about fifteen minutes. Of course he was talking all the time that he was acting. I did not say that I thought he was talking half of the time.RE-DIRECT EXAMINATION.In going through his performance he walked very rapidly. We were almost on a trot behind him. I was at the factory fifty minutes while he enacted his story. I left him after he had written one note in Mr. Frank's office. He wrote the note very rapidly. It took him about

Visible Translated Text Is As Follows: 141the case at all. At the time of the interview with the little girl and thelittle boy they were both in the room with their father. Their father tookme out there.W. D. McWORTH, sworn for the Defendant.I am a Pinkerton detective. I worked for three days on the Frankcase. For three days I took statements from the factory employes and onMay 15th, I made a thorough search of the ground floor. I found near thefront door on the ground floor, stains that might or might not have beenblood. All the radiators in the factory

Visible Translated Text Is As Follows: 142while Mr. Whitfield and I were back there looking behind the radiator, we found the cord and twine about the radiator. Whitfield was examining the stains when I picked up the envelope which was all rolled up. I found the envelope about three o'clock on May 15, within eight or ten inches of the trap door. The name was written in lead pencil, so far as I know the envelope has not been changed any since I saw it. I did not see any "5" on the envelope. We went out to see Mr.

Visible Translated Text Is As Follows: it was occupied by Montag Bros. They used it as a manufacturing plant.The Clarke Woodenware Company subleased part of the first floor from Montag Bros. They used the front door on Montag Bros. in going in there. Wehave not put in any new floor on the second story of the building. I haveknown Mr. Frank four or five years. His character is good.CROSS EXAMINATION.I have come in contact with Mr. Frank in business and I have heard myassociates talk about him. I have seen him twenty or thirty times duringthe past five years. I

Visible Translated Text Is As Follows: Frank, what am I going to do with these things?" and Mr. Frank said:"Leave them right there," and Conley threw them in front of the boiler;Conley goes to the elevator, and Frank come on up, and stepped off at the firstfloor, and Frank hits Conley a blow on the chest which run him against theelevator; Frank stumbles out of elevator as it nears the second floor, Frank goesand washes his hands, and comes into the private office, and they sit downin the private office, Frank rubbing his hands on the back of his hair;

Visible Translated Text Is As Follows: 145if you get caught, I will get you out on bond and send you away." Conley: "That is all right, Mr. Frank." (Pause) Frank: "I am going out home; can you come back this evening and do it?" Conley: "Yes, sir, I am coming to get my money." Frank: "Well, I am going home to get my dinner now; you come back here in about forty minutes from now; it is near my dinner hour and I am going home to get my dinner now and be up money. Conley: "How will I get

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

Visible Translated Text Is As Follows: 147RE-DIRECT EXAMINATION.I wrote that letter as a matter of conscience. It is as follows:- "To theGrand Jury of Fulton County, W-D. Beattie, foreman. Gentlemen: Amonga number of people with whom I have discussed the unfortunate Phagan af-fair, I have found very few who now believe in the guilt of Leo M. Frank, andI have felt a deep conviction growing in my heart that a terrible injusticemight be inflicted upon an innocent man. While we are all mystifiedby the published evidence now at command, I am impelled by a sense of dutyto ask that you

Visible Translated Text Is As Follows: RE-CROSS EXAMINATION.On the first of April he had $111.13; on the 18th of April he deposited $15.00. That is all he deposited that month, and these checks were drawn against that $111.13 and $15.00.R. P. BUTLER, sworn for the Defendant.I am the shipping clerk of the pencil company. I am familiar with the doors leading into the metal room. They are wooden doors, with glass windows. There is no trouble looking through those windows into the metal room, even when the doors are closed. The glass in the door is about fifteen inches by

Visible Translated Text Is As Follows: shaft to the place where the body of the young lady is said to have beenfound, and 80 feet from the front of the elevator shaft to the trash pile and90 feet from the elevator shaft to the boiler, and 116 feet from the elevatorshaft to the colored people's toilet. It is 50 feet from the elevator to theback stairway. The chute as shown on the page 2 of the plat is five feet wideand 15 or 20 feet long. It empties upon a platform in the basement abouteight or ten feet from the

Visible Translated Text Is As Follows: 150RE-DIRECT EXAMINATION.There will be no difficulty about one person going down the scuttle hole back of the elevator.RE-CROSS EXAMINATION.If the Washington St. car had passed the nearest corner, it would be at Pulliam and Georgia Avenue.FURTHER EXAMINATION.Sitting near the back door, he could not see the mirror.FURTHER EXAMINATIONI do not know what the arrangement was in the Selig home on April 26.J. Q. ADAMS, sworn for the DefendantI am a photographer. I took photographs of the Selig home at 68 E. Georgia Avenue from the inside and the outside of the back door, looking

Visible Translated Text Is As Follows: 161shows the place where the cotton sacks were kept. Defendant's exhibit 76 is a view of the plating room. Defendant's exhibit 77 is a view of the metal room showing where the floor was chipped by the detectives in front of the dressing room. On the left is the ladies' dressing room. Defendant's exhibit 78 shows the lathe. Defendant's exhibit 79 is a view from the third floor looking to the second floor. You can see a man walking from the metal room towards the elevator, just as is shown in this picture. Defendant's

Visible Translated Text Is As Follows: 152side of the table in the dining room, or on the north side of the table, in factyou can not see the table at all, or the door leading from the dining room tothe sitting room. Sitting in a chair against the jamb of the kitchen door, youcould not see a man in that mirror. You would have to be a foot or moreinside of the door before you get any view of the mirror at all.CROSS EXAMINATION.Taking a point between the door and the back porch and a point aboutthe pantry you could

Visible Translated Text Is As Follows: 158J. R. LEACH, sworn for the Defendant.I am division superintendent of the Ry & Power Co. I know the schedule of the Georgia Avenue line and the Washington St. line. The Georgia Avenue line leaves Broad and Marietta on the hour and every ten minutes. It takes two minutes to go from Broad and Marietta to the corner of Whitehall and Alabama. It takes 12 or 13 minutes to run from Broad and Marietta to the corner of Georgia Avenue and Washington St., about ten minutes from Whitehall and Alabama to Georgia Avenue and

Visible Translated Text Is As Follows: 1544 1-2 minutes. I walked from the same place in the pencil factory to the corner of Whitehall and Alabama Sts., and it took me three minutes and twenty seconds. I walked from the corner of Hunter and Broad Streets to the same place in the pencil factory and it took me one minute and a half.PROF. GEO. BACHMAN, sworn for the Defendant.- Prof. of Physiology and Physiological Chemistry Atl.-Col. Phys. & Surgeons. Bomar says it takes 4 hours and a half to digest cabbage. That's for the cabbage to pass from the stomach

Visible Translated Text Is As Follows: 156and the passage from the stomach into the small intestines. The presence of such cabbage would make it very uncertain as to how long before the food would pass out of the stomach. I couldn't say, and I don't think anybody could say, how long cabbage and wheat bread in such condition would stay in the stomach. As far as wheat bread and water are concerned the acidity of the stomach with reference to hydrochloric acid may go between 40 and 60 degrees, which is the average height of the acidity. With wheat bread

Visible Translated Text Is As Follows: and nothing has moved out of the stomach, that would show me nothing as to how far digestion had progressed, for starch is found in the stomach from the beginning of digestion until the last particle of bread has passed out of the stomach and that may be three or four hours. Medical men are able to compile tables showing how long it takes to digest cabbage and other things by testing for protein, but not for starch, because proteins are the only substances which combine with the hydrochloric acid and which are digested

Visible Translated Text Is As Follows: ference with the brain or any pressure on the brain, no doctor could tell that -long after death whether or not the wound would have produced unconsciousness, because the skull may be broken and considerable hemorrhage and de pression occur without any loss of memory. There is no outside physical indication of any sort that a man could find that can tell whether it produced unconsciousness or not. If the body was found 8 or 10 or 12 hours after death, with that wound and some blood appears to have flowed out of the

Visible Translated Text Is As Follows: that gives this specimen the chocolate brown color. The next one (Defend-ant's Exhibit 88B) has in it the hot water and the entire vomit and embalm-ing fluid added to it, that is formaldehyde. This cabbage was not well chewed,and looks like it did before it was eaten. She ate it at 5 minutes after 12,and it stayed in her stomach 45 minutes. The next one (Defendant's Ex-hibit 88D) was a man 25 years old. He did not chew his well. He ate it in5 minutes. I took it from his stomach 1 hour and

Visible Translated Text Is As Follows: 159DR. WILLIS F. WESTMORELAND, sworn for the Defendant.DIRECT EXAMINATION.A practicing physician for twenty eight years, general practice and surgery. A professor of surgery for twenty one, and formerly president of the State Board of Health. If the body of a girl between thirteen and fourteen years old was embalmed about ten hours after death, after taking out a gallon of fluid and putting in α-gallon of embalming fluid, of which 8 per cent. is formaldehyde and the body was buried and nine or ten days after upon a post mortem examination a cut an

Visible Translated Text Is As Follows: 160scopic test of the wall of the vagina it was found that some of the small blood vessels had congested blood in them, these facts would not necessarily indicate violence of any kind during life, it being also known that there had been a digital examination by the physician just after death and before embalming, and that the physician performing the post mortem had removed the wall of the vagina with his hand and scissors. Any epithelium can be very easily stripped after death. The digital examination could have stripped it. So could the

Visible Translated Text Is As Follows: 161RE-DIRECT EXAMINATION.The human tongue could not produce any sign of violence in the vagina.Where there is a skull wound an inch and a half long cutting through thelittle arteries like the wound-described above there would bleed and if the bodylay in one place 30 or 40 minutes there would be bleeding and if the body ispicked up and carried about 40 feet and dropped at another place I wouldexpect to find blood there. Skull wounds bleed very freely, and there wouldbe blood wherever the body was.DR. J. C. OLMS'I'EAD sworn for the Defendant.Practicing physician

Visible Translated Text Is As Follows: 162vagina removed from the body that the blood vessels are congested, this may be due to menstruation or the natural gravitation of blood to those parts and is not necessarily indicative of violence. Manipulation of the membrane would account for the displacing of the epithelium. The use of embalming fluid would make a diagnosis of rape utterly unreliable. Strangulation might result in a distension of the blood vessels. The entire pelvic vessels are always more or less congested during menstruation. No one could make a digital examination of the vagina of a corpse without

Visible Translated Text Is As Follows: 183or not. It would be a pure conjecture if he said anything on that subject. Skulls are sometimes fractured without unconsciousness. Each stomach is a law to itself. It is a known fact that some stomachs will digest different substances quicker than others. I don’t think that there is an expert in the world who could form any definite idea of either chemical analysis of the liquids of the stomach or by the condition of the cabbage lodged in the stomach as to how long it had been in the stomach.CROSS EXAMINATION.I am not

Visible Translated Text Is As Follows: 164taken it according to the way the body was lying and the small intestine was clear six feet below the stomach. The stomach was normal, and there was no mucous and every indication was that the digestion was progressing favorably and this cabbage was found with the naked eye in the stomach and unmistakable evidences of undigested starch granules and thirty-two degrees of hydrochloric acid, I say emphatically that no man living in my judgement could say how long that cabbage had been in the stomach. If Mary Phagan was alarmed concerning her surroundings,

Visible Translated Text Is As Follows: 165never heard of Mr. Frank's kissing girls and playing with their nipples on their breasts. I have never known Mr. Blackstock. I never heard that Mr. Frank would walk into the dressing room when the girls were dressing, nor that he tried to put his arms around Miss Eula Cato and tried to shut the door on her, or going in the dressing room with Lula McDonald and Rachael Prater, nor that Mrs. Pearl Darslon about five years ago threw a monkey wrench at him when he put his hand on her and held

Visible Translated Text Is As Follows: has not been masticated thoroughly. They have been swallowed almost whole. Raw cabbage is easier digested than cooked cabbage. Cooked cabbage is the most indigestible form of it. It is the ptyaline in the saliva that acts on the cabbage in the mouth. Action on the carbohydrate part of the cabbage. The carbohydrate digestion ceases after that leaves the mouth until it reaches the small intestines. The only thing that the stomach does is the churning movement by muscular action. As soon as gastric juice of the stomach strikes the cabbage it neutralizes the

Visible Translated Text Is As Follows: 187the body is disinterred nine days after death. I could not hazard a guesswithin two days of the time. I think I might in two weeks.CROSS EXAMINATION.The amount of digestion in the stomach depends on the amount of mastica-tion in the mouth. If the food is bolted there is no digestion. I am not famil-iar with Dr. Crittendon's table. If he states that boiled cabbage is as easy todigest as raw cabbage he is at issue with the generally accepted authorities.Normal stomachs have certain idiosyncracies. Digestion in normal stomachs issupposed to go along certain

Visible Translated Text Is As Follows: RICHARD A. WRIGHT, sworn for the Defendant.I live in Brooklyn, N. Y. I am a consulting engineer, with offices in New York City. I knew Leo Frank four years at Pratt Institute. I also knew him three years at Cornell. His general character is good.HARRY LEWIS, sworn for the defendant.I live in Brooklyn, N. Y. I am a lawyer. I was formerly Assistant District Attorney of Brooklyn. I have known Leo Frank about twelve years. I have been a neighbor of his until he came South. His general character is good.HERBERT LASHER, sworn for

Visible Translated Text Is As Follows: .169he was there. I know the characteristics of the boys very well. No, I can not tell what Frank did when he was in the class room.V. H. KRIBGSHABER, sworn for the Defendant.I live in Atlanta. I have known Leo Frank for about three years. His general character is good.CROSS EXAMINATION.I did not come in contact with him frequently. I am a Trustee of the Hebrew Orphans Home and Mr. Frank is also. I met him once a month there. I don't know how long he has been on the Board. I have met

Visible Translated Text Is As Follows: 253DEFENDANT'S EXHIBIT 1.Time slip, dated April 26, taken out of clock by Frank.101 ---------- 601 ---------- 138.102 ---------- 682 ---------- 139.103 ---------- 700 ---------- 140.104 ---------- 732 ---------- 141.105 ---------- 800 ---------- 142.106 ---------- 831 ---------- 143.107 ---------- 906 ---------- 144.108 ---------- 932 ---------- 145.109 ---------- 1029 ---------- 146.110 ---------- 1104 ---------- 147.111 ---------- 1200 ---------- 148.112 ---------- 107 ---------- 149.113 ---------- 135 ---------- 150.114 ---------- 203 ---------- 151.115 ---------- 301 ---------- 152.116 ---------- 330 ---------- 153.117 ---------- 154.118 ---------- 155.119 ---------- 156.120 ---------- 157.121 ---------- 158.122 ---------- 159.123 ---------- 160.124 ---------- 161.125 ----------

Visible Translated Text Is As Follows: 176 -------------------------------------------------- 254.177 -------------------------------------------------- 189.178 -------------------------------------------------- 190.179 -------------------------------------------------- 191.180 -------------------------------------------------- 192.181 -------------------------------------------------- 193.182 -------------------------------------------------- 194.183 -------------------------------------------------- 195.184 -------------------------------------------------- 196.185 -------------------------------------------------- 197.186 -------------------------------------------------- 198.187 -------------------------------------------------- 199.188 -------------------------------------------------- 200.Date April 26, 1913.Solicitor Dorsey stated in open court that he had made the erasure noted on this time slip, supposing it to have been put there by the detectives, the words erased being "Taken out 8:26 a. m."DEFENDANT'S EXHIBIT 3.Data sheet, being part of financial sheet.PRODUCTIONS: WEEK-ENDING 4/24/13Gross Production ---------------------------------- 2765.5.Net Production ------------------------------------- 2719.5.Repacked good -------------------------------------- 10.Repacked cheap ------------------------------------- 36.Value repacked ------------------------------------- $70.00.Rubber inserted ------------------------------------ 720.Rubber cheap

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 10--(Continued).April 24, 1913. Received of National Pencil Co. 12 cents--parcel post.(Signed) A. Mann, B.April 24, 1913. Received of National Pencil Co. 50 cents--thread. (Signed)A. Mann, F.April 24, 1913. Received of National Pencil Co. $1.00--dray. (Signed)Truman McCrary.April 25, 1913. Received of National Pencil Co. 10 cents--carfare.(Signed) A. Mann, F.April 26, 1913. Received of National Pencil Co. $2.00--dray. (Signed)Truman McCrary.April 26, 1913. Received of National Pencil Co. 75 cents--express.(Signed) So. Express Co., F.April 26, 1913. Received of National Pencil Co. $4.00 time for office work.(Signed) Herbert Wright, F.DEFENDANT'S EXHIBIT 11.Comparison sheet, 1912-1913, being part