Author: Historical Librarian

Atlanta ConstitutionAugust 4th, 1913 Quiet Sunday for Twelve Jurors By Vernon Stiles. As completely cut off from knowledge of the happenings of the outside world as though they were marooned in an island of the South seas, and yet tantalized by the swirling life around them, twelve men have lived for the past week in the heart of Atlanta. Their days has been spent in a crowded courtroom, where they listened to the wrangle of lawyers and the more or less conflicting statements of the witnesses, and their nights have passed in three crowded rooms behind locked doors, where the

Atlanta ConstitutionAugust 4th, 1913 Defense Intimates Trial Will Run Into Middle of Third Week With Defendant Final Witness. It will probably be Wednesday or Thursday of next week before Leo Frank takes the stand to explain his actions on the day Mary Phagan was slain. This was intimated last night by attorneys associated with the defense, who stated that the trial very likely would run into the middle of the third week, and that, from present plans, the defendant would be the final witness. It is understood that the defense will introduce much expert testimony, and that it will be

Atlanta ConstitutionAugust 4th, 1913 By Britt Craig. There has never been a trial in Georgia's records rivaling the Frank case in general interest throughout the state even the Grace case being a poor second. The Myers trial—the famous Will Myers murder case which is yet to receive its final chapter—created considerable interest both locally and throughout the state but was a mere shadow beside the present case. The Appelbaum case was a short one, was put through the courts more as a matter of routine than anything else. Mrs. Appelbaum is still in Atlanta and attending the Frank trial. Will

Atlanta ConstitutionAugust 5th, 1913 The crucial point of the entire case of the state versus Leo M. Frank, charged with the murder of little Mary Phagan, an employee in the National Pencil factory, of which he was superintendent, came Monday morning when after putting one or two witnesses back on the stand to bring out minor points, Solicitor Hugh Dorsey called out, "Bring in Jim Conley." The state had been gradually paving the way for the testimony of the negro sweeper who declares that Frank called on him to hide the body of the dead girl and told him that

Atlanta ConstitutionAugust 5th, 1913 REMARKABLE STORY IS TOLD BY NEGRO IN ACCUSING FRANK OF PHAGAN MURDER Chief Witness for State Admits, Under Cross-Examination, That He Has Been Under Arrest Seven or Eight Times, and That Many Statements Made in His Three Affidavits Are False. Hangs His Head and "Fools With His Fingers" When He Lies, He Says. LOOPS MURDER NOOSE AROUND HIS OWN NECK TO ILLUSTRATE STORY By Order of Judge the Court Is Cleared of Women and Children at Afternoon Session Owing to Revolting Testimony Given by Conley—Dr. Roy Harris, It Is Understood, Will Be Closing Witness Summoned by

Atlanta ConstitutionAugust 5th, 1913 ARRESTED 7 TIMES, HE ADMITS Jim Conley remained on the stand throughout the afternoon session. Attorney Rosser continuting his cross-examination after the noon recess. "Who saw you, Jim, at police headquarters?" "Chief Beavers." "Who else?""Mr. Smith, my lawyer." "Was anybody else present?""Yes, Tawney." "Did he hear what was said?""I guess so. He could have heard." "You talked to no one else?""No, sir." Conley Doesn't Remember. "Did you watch for Mr. Frank since the time in January?""I think not." "What did you do the Saturday afternoon you watched for him?""I don't remember." "What did you do the

Atlanta ConstitutionAugust 5th, 1913 Police Sergeant L. S. Dobbs was the witness who followed Grice. The officer had already testified on the first day of the trial and was brought back for only a few minutes. "Did you find a handkerchief that Sunday morning in the factory?" "Yes, sir, in the basement near a trash pile." "That's all," said the solicitor. Mr. Rosser then asked the officer several questions in regard to the detail of the basement and said he was through. Mr. Dorsey then showed the officer a flashlight photograph of the spot in the basement where the girl's

Atlanta ConstitutionAugust 5th, 1913 Witness Had Gone to the Pencil Factory After Reading The Constitution Extra L. O. Grice was the first witness put on the stand when court convened Monday morning. He was kept there but a few minutes. He stated that he is employed by W. H. Smith, auditor of the Atlanta and West Point railroad, and that he lives at 270 Houston street. "Where were you on Sunday, April 27, about 8 o'clock?" Mr. Dorsey started out. "I was in front of The Constitution building and I saw one of their extras and went on down to

Atlanta ConstitutionAugust 5th, 1913 Shortly after the courtroom had been cleared of women during the trial of Leo M. Frank Monday, Detective Harper entered the room with a handsome woman and the two took a leisurely survey of those in the courtroom. It was learned that the woman is a waitress at a well-known restaurant, and that shortly after the murder she is supposed to have overheard a conversation with two men who were discussing the killing. It is said they were friends of Frank and that they made admissions which would prove important to the state. The two men

Atlanta ConstitutionAugust 5th, 1913 Declares There Were Bars Across Door on Second Floor on Day Before Murder. Following Sergeant Dobbs, Mell Stanford, a factory employee, who had previously testified, was recalled for a few minutes. "Was the door on the second floor back locked or unlocked on Friday, April 25?" asked Mr. Dorsey. "There were bars across it," said Stanford. "Was there any way to get down back there?" "Only by the fire escape.""Was the area of the metal room cleaned up after the murder?" "Yes, sir, during the following week." "Did you clean it up?" asked Mr. Rosser, who

Atlanta ConstitutionAugust 5th, 1913 While T. Y. Brent, notary public and ex-officio justice of the peace, was waiting in the witness room of the Frank murder trial yesterday, the "big and little of it" came to him to pronounce the magic words which would make them forever man and wife, one and inseparable. Cleve Ware, weighing at the most 120 pounds, and Mattie Turner, who could easily muster 250 pounds, if required, were the parties, being from the swell section of Darktown. The judge performed the ceremony in the most approved style, and Frank murder trial witnesses acting as the

Atlanta ConstitutionAugust 5th, 1913 By Britt Craig. There was a chorus girl who sat next to an aged and withered woman who is undoubtedly a grandmother—a great-grandmother, maybe; there was a painted-cheeked girl with hollow eyes who bore the unmistakable stain of crimson, who sat between a mother who held in her lap an eager 13-year-old. There was a wrinkled and worn old woman with the lines of care stamped indelibly, who hobbled into the room on a crutch and sat beside a man who chewed tobacco and whispered profanity. Over in a corner there was a graceful young woman

Atlanta ConstitutionAugust 6th, 1913 ROSSER ADOPTS NEW TONE MONDAY Jim Conley, upon whose story practically the entire result of the Frank case is believed to rest, went on the stand at 9:03 o'clock and when court adjourned for lunch at 12:30 he was still being cross-examined by Luther Rosser for the defense. The lawyer had reached that point in his cross-fire of questions where he had begun to hector the witness and to take him up whenever he made a mistake, but it appeared that he was only about half through with his work. When the adjournment was taken Conley

Atlanta ConstitutionAugust 6th, 1913 GRILLED 12 HOURS BY LUTHER ROSSER JIM CONLEY INSISTS FRANK GUILTY MAN Declaring That "I Don't Remember," or, "No, Sir; I Didn't Say That," or Simply Affirming Blandly That He Had Lied on a Previous Occasion, Negro Sweeper Sticks to Story Told on the Witness Stand on Monday Morning Despite Most Rigid Cross-Examination of Trial. AFFIDAVIT BY MINCEY OF CONLEY CONFESSION IS DENIED BY WITNESS Apparently Despairing of Breaking the Negro, Attorneys for Defense Appeal to Judge Roan to Strike All Evidence Relating to Alleged Previous Conduct of Frank Before Day of Murder on Ground of

Atlanta ConstitutionAugust 6th, 1913 At the opening of the afternoon session, Attorney Reuben Arnold arose, asking that the jury be sent from the room. When the twelve men had passed into their rom, he made a motion asking the court to exclude from Conley's statement that testimony pertaining to Conley having watched previously for Frank and to an unprintable scene the negro said he had witnessed between the superintendent and a young girl in Frank's office. The motion was made on grounds of irrelevancy. "First," said Mr. Arnold, "I desire to ask the court to rule out that testimony of

Atlanta ConstitutionAugust 6th, 1913 By Britt Craig. Sometimes it is lucky to be ignorant. Most people don't believe this, but it has been proven true in the cases of Newt Lee and Jim Conley in facing the nerve-racking cross-examination of Luther Rosser. The average white man in Jim's fix would last just several minutes it is likely - perhaps even less. And if he were a cigarette fiend– There have been many interesting features to the Frank trial but chief of them all is the manner in which these two negroes have stood grilling of attorneys for the defense proving

Atlanta ConstitutionAugust 6th, 1913 SMITH ALLOWED ACCESS TO CLIENT After Judge Roan had ruled out the Conley testimony relating to alleged previous actions of Frank, the jury was returned to the courtroom, and Attorney Rosser resumed his cross-examination of Conley. "Jim, you took the body of that girl, you say, and wrapped her in a cloth, didn't you?""Yes, sir." "Was the cloth all around her?""No, sir, it didn't go over her whole body." "Did it cover her head?""No, sir." "Her feet?""No, sir." "How much of her body was projecting out of the cloth?""I don't know, sir." "You tied the cloth

Atlanta ConstitutionAugust 7th, 1913 Following Conley's departure from the stand the jury was allowed a five minute recess and on their return Solicitor Dorsey tendered in evidence a picture of the pencil factory basement which was taken by Francis B. Price, The Constitution staff photographer on the morning that the body was found a of which appeared in The Constitution. He also tendered a scratch pad sample of one of those around the factory the murder notes and the pad found near the body. There were no objections from the defense. "Bring in C. B. Dalton," called out the solicitor.

Atlanta ConstitutionAugust 7th, 1913 W. H. Mincey, witness for the defense in the Leo M. Frank trial whose substantial affidavit that Jim Conley had told him of killing a white girl on the day Mary Phagan was murdered was published some weeks ago was a conspicuous figure in front of the courthouse Wednesday. Mincey is a country school teacher and has been for twenty years. He is not used to city ways, he says, and the excitement of the crowd around the courthouse seemed to worry him. "I have great patriotism," said Mr. Mincey, "and that is the sole reason

Atlanta ConstitutionAugust 7th, 1913 By Sidney Ormond When the spectators at the Frank trial Wednesday broke into a ripple of applause, after Judge Roan had announced his decision that the damaging evidence of Jim Conley that he had "watched out for Frank on several occasions prior to the murder and had encountered him in an attitude which set him apart from normal men would remain in the records—when this applause came—it was not that any man contributing to it necessarily thought Frank guilty. It was simply a spontaneous tribute to Solicitor Hugh Dorsey who has fought so doggedly against such

Atlanta ConstitutionAugust 7th, 1913 At the continuation of the argument on the subject of Judge Roan's reserved decision, Solicitor Dorsey cited extracts from many legal volumes, many of which pertained to the untimeliness of objections in just such cases as the one which he argued. "It makes no difference if the act in question was a separate or distinct crime," he said, "just so it shows a course of conduct and has sufficient value to the case on trial. It is absolutely admissible. "We contend that the defense has stopped at this late hour, after examining extensively, and along the

Atlanta ConstitutionAugust 7th, 1913 Dr. Roy F. Harris, the pathologist, head of the state board of health, and the expert who exhumed and examined the body of Mary Phagan, went on the stand at the close of the argument over Judge Roan's reserved decision to continue the testimony from which he was interrupted Friday by a fainting spell in the courtroom. He still suffered from weakness and was allowed to sit in a heavily-upholstered armchair. He was questioned first by Solicitor Dorsey. "Dr. Harris, what is your particular branch of medicine?""My usual line is pathology, chemistry and chemical work, as

Atlanta ConstitutionAugust 7th, 1913 Mrs. J. W. Coleman, mother of Mary Phagan, followed Dr. Harris to the stand. She told of cooking an amount of cabbage at the chemists request for his experiments with the four men. She stated that it had been ground finely as she had prepared it on the day of Mary's last meal and had boiled it for an hour. She remained on the stand but for a few minutes and was asked but a few questions by either the state or defense. She was asked to describe Mary's pocketbook answering that she had already given

Atlanta ConstitutionAugust 7th, 1913 JUDGE ROAN DENIES MOTION OF DEFENSE TO STRIKE PART OF CONLEY TESTIMONY Reuben Arnold Threatens to Call for Mistrial if There Should Be Recurrence of Applause Which Marked Reception of the Decision. Judge Announces That the Court Room Would Be Cleared if There Was Any More Disorder. BAFFLED BY ATTITUDE OF CONLEY ON STAND, DEFENSE ENDS GRILL Dr. Roy Harris Testifies in Afternoon, Declaring That Death Was Caused by Strangulation—Tells of Experiments With Four Men in Digestion of Cabbage Cooked by Mrs. Coleman, Mother of Girl Who Was Murdered—C. B. Dalton Testifies Today. When, shortly after

Atlanta ConstitutionAugust 7th, 1913 On the opening of court Wednesday morning when Judge L. S. Roan announced that he would postpone his final decision in regard to the admissibility of Jim Conley's evidence in regard to Leo Frank's alleged misconduct and also to the negro's acting on previous occasions as his "lookout," Luther Rosser began his final effort to break the negro down. Conley stayed on the stand until 10 o'clock and was then excused. He had been testifying for fifteen hours in all and of this thirteen hours had been under the merciless grilling of Attorney Rosser. The negro

Atlanta ConstitutionAugust 7th, 1913 By Britt Craig. There is one woman with no connection whatever with the Frank case who sits undisturbed in an obscure corner of the courtroom. Throughout Jim Conley's testimony, she remained in her seat while court deputies removed women from all parts of the place and sent them outside at order of the judge. She is Mrs. Hattie Barnett, a detective, and a woman who has seen more of the world and knows more of its multivaried phases than many of Atlanta's most successful business men. She has seen and heard enough not to be touched

Atlanta ConstitutionAugust 8th, 1913 C.B. Dalton a railroad carpenter who was heralded as one of the star witnesses for the defense was called to the stand by Solicitor Dorsey whe court convened Thursday morning. The most startling statement uttered by Dalton from the stand was that he used the basement of the National Pencil company factory for clandestine meetings with girls and women. Although not an employee of the factory and although his acquaintance with Frank was a Dalton testified that the factory superintendent knew of his visits to the basement with women. Dalton named three females with whom he

Atlanta ConstitutionAugust 8th, 1913 C. B. DALTON TELLS ABOUT VISITS HE PAID THE PENCIL FACTORY WITH MANY WOMEN Declares He Used Basement for Immoral Purposes at Same Time That Frank Was in Building, But Did Not Attempt to Say What the Superintendent's Relations With Women Were—Declares Conley Acted as Lookout for Him. DR. LEROY W. CHILDS CALLED BY DEFENSE TO REFUTE DR. HARRIS Harry Scott Is Also Put on Stand by Defense to Prove That Conley Lied on Many Occasions—Detective Was on the Stand When Court Adjourned for Day—Cross-Examination Fails to Shake Dr. Harris. Shortly after Dr. H. F. Harris

Atlanta ConstitutionAugust 8, 1913 Dr. LeRoy W. Childs who was the first witness placed on the stand by the defense underwent a rigorous cross examination by Solicitor Dorsey. The solicitor showed a keen knowledge of medicine and chemistry in the volley of questions he fired at the medical expert, and, upon one occasion elicited the admission from the witness that he was not informed of a certain phase of laboratory work on which great stress had been laid by Dr. Roy Harris who preceded Dr. Childs to the stand. In concluding his testimony Dr. Childs when asked by the solicitor

Atlanta ConstitutionAugust 8th, 1913 Following Dr. H. F. Harris, the final witness of the state, DR. L. W. Childs also an expert on matters pertaining to the various processes of digestion was placed on the stand by the defense to refute what Dr. Harris had said about the food in Mary Phagan's stomach showing that she had been killed in about half an hour after she ate. Dr. Childs took a decidedly opposite stand from that of his brother physician and declared that he would hazard no guess within two hours of the time that death occurred after eating and

Atlanta ConstitutionAugust 8th, 1913 Dr. R. T. Dorsey Also Comes to Assistance of Solicitor in the Frank Case Dr. Frank L. Eskridge, a well-known physician, is assisting Solicitor General Dorsey in the solicitor's examination of expert chemists and medical men and in cross-examinations of experts presented by the defense. Dr. Eskridge is widely versed in various branches of medicine, chemistry and surgery, and has proved an invaluable aid to the solicitor, especially in the examination of Dr. Roy Harris. In the cross-examination of Dr. Leroy Childs, in the afternoon session Thursday, the solicitor was valuably assisted by his brother, Dr.

Atlanta ConstitutionAugust 8th, 1913 Dr. H.F. Harris, the state's final witness against Leo M. Frank, was put on the stand for cross examination shortly after 10 o'clock Thursday morning, and through a series of questions Attorney Reuben Arnold, for the defense, sought to make him less definite in regard to the time of Mary Phagan's death after eating the meal of cabbage and bread about 11:30 on the day she was killed. Dr. Harris was asked a number of questions about digestion, and while he admitted it to be a subject that is not thoroughly understood by scientists, he clung

Atlanta ConstitutionAugust 8th, 1913 City Detective Bass Rosser, who worked on the Phagan mystery, followed Dalton on the stand Thursday morning to tell that Mrs. Arthur White, whose husband, father and brother work for the National Pencil company, had not told him of seeing a strange negro in the factory on the day of the crime, although he questioned her about her knowledge of what went on there that day, and she had also told her brother, Wade Campbell, of seeing the negro. "Have you worked on this case?" asked Solicitor Hugh Dorsey. "Yes, sir," replied the detective. "Did you

Atlanta ConstitutionAugust 8th, 1913 SHOWS NEGRO LIED MANY TIMES The defense sprang a surprise during the afternoon session whey they called Detective Harry Scott to the stand to testify to the third-degree under which Jim Conley had been placed at police headquarters and which process had exacted his three conflicting confessions. Scott stated throughout his testimony that Conley had told conflicting stories on numerous occasions during his early imprisonment, and that had failed to tell the detectives much of the story which he related on the witness stand Tuesday and Wednesday. Scott's statement created a telling of fact and it

Atlanta ConstitutionAugust 8th, 1913 Will Leo Frank's character be one of the issues in his trial for the murder of little Mary Phagan? That is the question which has been the subject of speculation since it was first known that he would be tried for the murder, and as the case has progressed the subject has been discussed frequently. Not one in a hundred defendants place their character in issue when on trial for murder, but a condition has arisen in the Frank case which may cause his attorneys to think it wise to take this step. It came when

Atlanta ConstitutionAugust 9th, 1913 Ira U. Kauffman, civil engineer, who had been employed by the defense to make drawings of the Selig home at 68 East Georgia avenue, where Frank and his wife lived, and also of the National Pencil factory, followed the street car conductor on the stand. Kauffman testified that he made the plats of the Selig home on Tuesday of this week. The plats were shown to the jury. "Could you stand in the kitchen and see the mirror in the dining room?" asked Mr. Arnold. "It is impossible to see the mirror from the kitchen." "Why?"

Atlanta ConstitutionAugust 9th, 1913 W. T. Hollis, of 16 Western avenue, the conductor on the English avenue car on which Mary Phagan rode to town on the day she was murdered, followed the motorman on the stand. He also declared that the girl was not accompanied by a boy and that she did not get off at Forsyth and Marietta streets where he left the car. He also declared that she was not accompanied by any boy answering the description of George Epps, but that a little girl was with her. Hollis corroborated the testimony of the motorman in practically

Atlanta ConstitutionAugust 9th, 1913 At the opening of the afternoon session the defense called for George Epps, the 14-year-old newsboy, who says he rode uptown with Mary Phagan on the day of her death. He did not answer. Mr. Arnold asked the assistance of Judge Roan in bringing the boy to court. The judge dispatched a bailiff in search of the newsie, armed with an attachment. He was not produced, however, at any time during the afternoon session. * * * Atlanta Constitution, August 9th 1913, "Couldn't Locate Epps Boy When Wanted in Court," Leo Frank case newspaper article series

  Atlanta Constitution August 9th, 1913 Eleven Witnesses Are Introduced Friday to Prove Discrepancies in Time Given by Witnesses for the State. Miss Daisy Hopkins Goes on Stand and Swears That She Never Visited Factory With Dalton, But on Cross-Examination She Admitted Having Been in Jail Recently—She Denied That She Knew Frank. HOLLOWAY'S TESTIMONY RIDDLED BY SOLICITOR; MEMORY FORSAKES HIM Confesses That He Had Told Detectives the Day That He Caused the Arrest of Conley That "If He's Convicted, Remember He's My Nigger"—From Present Indications the Trial Will Be Continued for Two Weeks Longer, and Defense Will Introduce Character Witnesses.

Atlanta ConstitutionAugust 9th, 1913 W. M. Mathews, of 459 Lee street, car motorman who declares that Mary Phagan rode to town on his car on April 26, followed Daisy Hopkins on the stand. Mathews gave a new turn to the theory of the girl's actions of that day by declaring that she rode to Broad and Hunter streets before getting off with another girl who was with her, and also by saying that he did not see George Epps on the car with her. In answer to questions the motorman asserted that Mary Phagan got on his car at Lindsay

Atlanta ConstitutionAugust 9th, 1913 When court convened Friday morning Harry Scott, Pinkerton detective, engaged by the defense in the Phagan case, was recalled to the stand by the state and asked how long it took Jim Conley, the negro sweeper, to write a copy of one of the murder notes when it was read off to him and , dictated word for word. The detective declared that the negro had taken about three or four minutes for this. "Boots" Rogers was next called and asked one question about the condition of the basement. Rogers is the ex-county policeman in whose

Atlanta ConstitutionAugust 9th, 1913 H. J. Hinchey, of 391 Peachtree street, a business acquaintance of Leo Frank, and manager of the South Atlantic Blow Pipe company, was put upon the stand by the defense. He stated having seen Frank on the murder date as the superintendent rode into town on a Washington street trolley car, meeting him at Washington and Hunter streets. He was questioned by Mr. Arnold. "Do you recollect April 26, Memorial day?" "Yes.""Did you see Leo Frank that day?""Yes." "Where?""Near the capitol." "Was he on foot or riding?""He was aboard a trolley car." "Were you on foot?""No,

Atlanta ConstitutionAugust 9th, 1913 E. F. Holloway, watchman and timekeeper at the pencil factory, whose testimony Solicitor Dorsey riddled on cross-examination, followed General Manager Darley to the stand. He gave his answers rapidly, making them frequently even before Attorney Arnold had finished propounding his questions. He is a man who looks older than 60, with cold gray eyes and thin lips. His general appearance causes the lover of Dickens to think that the aged witness had stepped from one of that author's novels. He became confused upon the cross-fire of the solicitor, and perspired profusely. Same Rule for All. He

Atlanta ConstitutionAugust 9th, 1913 Daisy Hopkins, a resident of Redan, Georgia, and the woman who Jim Conley and C. B. Dalton declare frequently went to the National Pencil factory with Dalton while Leo Frank was there and was aware of her presence, was the first witness called by the defense Friday morning. The woman swore to a full and complete denial of every charge that the white man and the negro had made and declared that she only knew Frank by sight, as she had worked at the factory from October, 1912, until June 1912. When Solicitor Hugh Dorsey took

Atlanta ConstitutionAugust 9th, 1913 N. V. Darley, general manager of the National Pencil factory, who has already been used as a witness for the prosecution, was called to the stand for the defense following the pattern maker's department. He was examined by Mr. Arnold. "You are the general manager of the pencil factory, aren't you?""Yes." "Looking from a point of ground plan, isn't this a correct model of the pencil plant?" "Yes." Darley then described various furniture and fixtures in the basement and two floors depicted in the model. Plain View of Stairway. "If a body fell down the chute

Atlanta ConstitutionAugust 9th, 1913 T. H. Willet, a pattern maker, who built the model of the pencil factory, was next called by the defense. Under the cross-examination of Mr. Hooper he frequently admitted discrepancies in the pasteboard structure submitted by Frank's counsel. "What is your occupation?" he was asked by Mr. Arnold. "Pattern maker." "Did you make an inspection of the National Pencil factory?""Yes." "In making this model, as to its dimensions and proportions, you have followed exact figures of blue prints?""Yes." Under Cross-examination. He was then cross-examined by Mr. Hooper. "You do not know whether this is a correct

Atlanta ConstitutionAugust 10th, 1913 That the defense in the trial of Leo M. Frank, charged with the murder of Mary Phagan, will continue its attack upon the testimony of Dr. H. F. Harris, who made a postmortem examination of the body and declared the girl must have died at about 12:10 in the afternoon, was the information secured Saturday. Dr. Willie Westmoreland, Dr. J. N. Ellis and Dr. T. H. Hancok are expected to be the physicians placed upon the stand to refute this declaration made by Dr. Harris. The defense has already made an attack upon the state's claim

Atlanta ConstitutionAugust 10th, 1913 C. B. Dalton, who was used by the state to corroborate some of Jim Conley's testimony against Leo Frank, was the first witness called by the defense Saturday morning. He did not respond and George Epps, the newsboy who claims to have ridden to town with Mary Phagan the day she met death, was next called. The lad, who could not be found Friday, was present and took the stand. State and defense clashed over the lad as Solicitor Hugh Dorsey stated that Attorney Reuben Arnold had tried to give the impression Friday that he had

Atlanta ConstitutionAugust 10th, 1913 ROSSER CALLS HIM BEAU BRUMMEL OF BAR By Britt Craig. He has a kind and genial face that makes you feel he is the friend of everybody in the world, but in the midst of a big trial he might be compared with a Gatling gun, except for the fact that there doubtless are witnesses who would prefer facing the Gatling. There is a liberal sprinkling of gray in his hair, and Luther Rosser has often truthfully, although sarcastically, referred to him as the Beau Brummel of the bar. You would never suspect that he was

Atlanta ConstitutionAugust 10th, 1913 The introduction of character testimony in behalf of Leo Frank at present seems very probable. It is not thought, however, that witnesses of this nature will be put on the stand until the middle of the week. Attorneys for the defense, as in the past, who have withhold their plans until the exact moment of performance, have refused to discuss whether or not character witnesses will be called. It is the general impression, however, that a wealth of this evidence will be presented—more, in fact, than has been produced in any trial in the state. At

Atlanta ConstitutionAugust 10th, 1913 Will the defense strive to show by witnesses that the pencil factory elevator was not run on April 26 as told by Jim Conley in his remarkable story? Since a question put to General Manager Darley by Luther Rosser when Darley was placed on the tand Friday, much speculation has been created in this regard. Although attorneys for the defense will not discuss the subject, it is the prevalent belief that an effort will be made to show by mechanicians that the elevator was not in operation at any time during that fateful afternoon. Darley was

Atlanta ConstitutionAugust 10th, 1913 J. M. Minar, a reporter, was put on the stand by the defense after the Epps boy left. By him the defense sought to prove that the boy had talked of Mary Phagan and had not mentioned seeing her on the car. Before he had finished cross-examining him Attorney F. A. Hooper sought to create the impression on the jury that The Georgian, for which Minar works, had instructed him to discover as much news favorable for Leo Frank as possible, and Mr. Arnold entered an objection at once. "Did you go to the Epps' home

Atlanta ConstitutionAugust 10th, 1913 HIS STATEMENTS HELP DEFENSE Herbert G. Schiff, assistant to Leo M. Frank at the National Pencil factory, followed J. H. Minar on the stand Saturday. His testimony was used by the defense in an efort to refute the stories of Jim Conley and C. B. Dalton to the effect that Frank frequently had women in the office on Saturdays and holidays and he also went into great detail and testified to the complexity of the financial sheet and the large amount of work necessary to complete it. He was being cross-examined by the state when court

Atlanta ConstitutionAugust 10th, 1913 Saturday by Far the Best Day for the Defense Since Start of the Frank Trial Two Weeks Ago. SAYS WOMEN DID NOT VISIT FRANK'S OFFICE Lawyers for State and Defense in Frequent Clashes During the Testimony of Frank's Assistant at the Factory. By far the best day the defense in the Frank trial has had came to a close Saturday afternoon at 12:30 o'clock when a recess was taken until 9 o'clock Monday morning, at which time Herert Schiff, assistant to Leo M. Frank, will again be on the stand to undergo a thorough cross-examination at

Atlanta ConstitutionAugust 10th, 1913 IMPORTANT WITNESSES HEARD The resting by the state of the its case against Leo M. Frank, charged with the murder of Mary Phagan, came on Thursday and the defense is at present setting forth its evidence in rebuttal. Since last Sunday much that is regarded as important has been introduced by both sides and a number of bitter fights have been waged over evidence. James Conley, the negro sweeper, who makes accusations that Frank told he had struck the girl too hard, and who also told of Frank's having women in his office for immoral purposes

Atlanta ConstitutionAugust 11th, 1913 Coats off and collars and ties flung carelessly on bedposts and convenient chairs the twelve jurors in the Frank case and Deputies Foster Hunter and Bob Deavours, in charge of them, were taking a comfortable afternoon rest Sunday when suddenly a woman's voice in a plaintive key called loudly from the street, "Oh, Bob, Bob Deavours!" The deputy leaped to his feet. He was certain he had heard his wife's voice, and though the suite of rooms in the Kimball house where the jury is quartered three floors above the street, the voice came from a

Atlanta ConstitutionAugust 11th, 1913 Trial May Have Reached the Point By End of This Week Where Lawyers Will Begin Their Argument. FIERCE ATTACK COMING ON HARRIS TESTIMONY The Defense Will Also Make Every Attempt to Break Down Story Told by Jim Conley, Negro Sweeper. The main points which the defense in the case of the state against Leo Frank, charged with the murder of Mary Phagan, will place before the jury in rebuttal of the prosecution will be given this week and by Saturday it is expected that the trial will have reached the point where the lawyers will begin

Atlanta ConstitutionAugust 12th, 1913 Dr. Willis Westmoreland, former head of the state board of health, who resigned some time ago after the board gave a clean bill to Dr. H. F. Harris, the secretary, whom he had accused of "scientific dishonesty," followed Dr. Hancock on the stand. He also made an examination of Leo Frank, stating in answer to Mr. Arnold's question that he had found the accused man to be normal. He was questioned by Arnold. "What is your calling?" "I am a physician of twenty-right years' experience." "What is your main practice?""General medicine and surgery." "Have you occupied

Atlanta ConstitutionAugust 12th, 1913 AS WILD GUESSES PHYSICIANS TERM TESTIMONY GIVEN BY DR. ROY HARRIS Assert It Is Impossible to Tell Accurately Just How Long It Takes for the Digestion of Cabbage—One Doctor Tells of Experiments He Had Made on Several Patients to Settle This Point. Doubt Value of Testimony About Violence. OLD ROW OF DOCTORS BOBS UP IN TESTIMONY OF DR. WESTMORELAND Declares That He Accused Dr. Harris of Scientific Dishonesty and Then Resigned From Board When It Refused to Discharge the Secretary—Joel Hunter Goes on Stand to Testify as to the Amount of Time Necessary on Frank's Books.

Atlanta ConstitutionAugust 12th, 1913 MADE CABBAGE DIGESTION EXPERIMENTS Dr. T. H. Hancock, a well known Atlanta physician, was the first of three medical experts to be presented in the afternoon in behalf of the defense. Dr. Hancock is official physician of the Georgia Railway and Electric company, and is a man of twenty-two years' experience. An astonishing feature of his testimony was the statement he made in answer to a question from Attorney Arnold to the effect that he had treated 14,000 surgery cases, a record hitherto unparelleled in Georgia history. He was examined directly by Mr. Arnold. "What is

Atlanta ConstitutionAugust 12th, 1913 Professor George Bachman, professor of physiology in the Atlanta College of Physicians and Surgeons, and formerly a demonstrator of physiology in Jefferson Medical college, was put on the stand following Schiff. By him the defense made a further attack on the deductions of Dr. H. F. Harris. He declared that the statements made by Dr. Harris amounted to guess work, according to his knowledge of the subject. "What is your nationality, professor?" Mr. Arnold asked. "I'm a citizen of Atlanta," replied the witness. "I mean, where were you born?" "I was born a Frenchman," replied Dr.

Atlanta ConstitutionAugust 12th, 1913 Joel Hunter, an expert accountant, was put on the stand to testify to the amount of work required in the compilation of the financial sheet upon which the defense declares Leo Frank worked during the afternoon Mary Phagan was murdered. "What is your occupation?" he was asked by Mr. Arnold. "I am a public accountant." "Do you hold a position with the state board?" "Yes, I belong to the board of examiners." "Did you examine Leo Frank's financial sheet?""Yes." "Did his assistant, Schiff, acquaint you with the data contained in the report?" "Yes." "Did you go

Atlanta ConstitutionAugust 12th, 1913 Dr. John C. Olmstead followed Dr. Westmoreland to the stand. He was questioned by Arnold. "What is your occupation?""I have been a physician for thirty-six years, and am a graduate of the University of Virginia and the University of New York." "Would you characterize such an opinion as the one you have read of by Dr. Harris as being a guess or a scientific conclusion?""As wild a guess as I've ever heard." Corroborates Other Doctors. He was questioned extensively along the same line of questions as were put to Dr. Westmoreland and Dr. Hancock relative to

Atlanta ConstitutionAugust 12th, 1913 H. G. Schiff, Leo Frank's assistant in the National Pencil factory, was put on the stand for a conclusion of the state's cross examination when court convened Monday morning. "How many books and papers were there that you say had not been worked on Friday night, and that you found completed Monday?" asked Solicitor Hugh Dorsey. "The financial sheet and those papers I showed you Saturday," Schiff replied. finished Friday?""Because when I left the office Friday I had not got up the data for them," the witness said. "If Frank had started to work at 8:30

Atlanta ConstitutionAugust 13th, 1913 Defense Calls Twenty-Two Men, Women and Boys to Give Evidence Favorable to Frank—Mr. and Mrs. Emil Selig, Parents of Frank's Wife, Declare That There Was Nothing Unusual in Conduct of the Prisoner on Day of Murder CHARACTER OF DALTON IS DECLARED TO BE BAD BY DEFENSE WITNESSES Called to Stand, He Admits Having Been Sent to Gang for Stealing Once and Having to Pay Fine on Another Occasion—Bitter Fight Is Waged Between Attorneys Over a Question Asked of Frank's Office Boy by Solicitor Dorsey, and Threat of Motion for Mistrial Is Made Calling upon a total

  Atlanta Constitution August 14th, 1913 Dr. William Owen, physician and real estate man, followed Dr. W. S. Kendrick on the stand. By him the defense desired to show that to carry out the movements told of by Jim Conley from the time he alleges Leo Frank called upon him to help move the girl's body until he left the factory would take much longer than Conley declared he took. After establishing his identity, Mr. Arnold began the examination of Dr. Owen, which resulted in the argument. "Dr. Owen, at our request you went to the factory of the National

Atlanta ConstitutionAugust 14th, 1913 Dr. William D. Owens, a well-known physician and one of the timekeepers in the re-enaction of Conley's story in the pencil factory was recalled to the stand at the afternoon session. He was questioned by Mr. Arnold and cross-examined by Mr. Hooper. "How much time did it require you to go through this performance?" asked Mr. Arnold. "Eighteen and a half minutes." "How rapidly did you go through it?""Just as fast as the directions could be read." The cross-examination began. "Where did you start the performance?" "From the second floor to the basement." "Did you read

Atlanta ConstitutionAugust 14th, 1913 The financial sheets which experts declared required from three to three and a half hours to compile were introduced in evidence after Oscar Pappenheimer, a stockholder in the National Pencil factory was examined. Mr. Pappenheimer testified that he had been a stockholder in the company since 1910. "Have you been getting comparative sheets from Frank since 1910?" Attorney Arnold asked. "Yes, sir." "Where have you been in the habit of receiving them?""Before deliveries of mail stopped on Sunday I invariably found the report in my mail box on Sunday morning. After that I received it every

  Atlanta Constitution August 14th, 1913 Frank Paine, formerly an office boy for the National Pencil company and who claims to have been working there on Thanksgiving day of last year, was placed on the stand following the introduction of the three character witnesses. The lad stated that he and Herbert G. Schiff were at the factory on the morning of Thanksgiving day, and that Schiff sent him to the top floor to help Jim Conley straighten out some boxes, which were cluttered around there. He declared that Conley left about 10:20 and then he left at 11 o'clock or

Atlanta ConstitutionAugust 14th, 1913 Bending his efforts to break down the testimony of Lemmie Quinn, foreman of the metal room, Solicitor Dorsey subjected the witness to a severe grilling when court reconvened at 2 o'clock yesterday afternoon. When Quinn resumed the stand he was still under direct examination by the defense. In answer to Attorney Arnold he declared that he was still an employee of the National Pencil factory. Solicitor Dorsey began cross-examination. "When was it these men bled on the floor of the metal room?" "About a year ago," Quinn replied. "What were their names?" "I remember that C.

Atlanta ConstitutionAugust 14th, 1913 Dr. William S. Kendrick, head of the chair of medicine of the new Atlanta Medical school and for the past thirty eight years a general practitioner of medicine, was the first witness put on the stand Wednesday morning. The physician on the stand declared the deductions of Dr. H. F. Harris, secretary of the state board of health, as to the time of Mary Phagan's death and the alleged violation as nothing more than guesswork. On cross-examination the solicitor forced Dr. Kendrick to admit that he was no expert on digestion and that he had not

  Atlanta Constitution August 14th, 1913 Following the putting off of the decision in regard to Dr. William Owen's testimony, seven Gwinett county citizens were introduced to add to the thick coat of lampblack already smeared over the character of C. Burgess Dalton, the man who accuses Frank of immoral conduct in the office of the National Pencil factory. All of the men swore that they would not believe the man on oath and only one or two of them were cross-examined by the state. The men introduced were O. A. Nix, attorney and former member of the legislature; Samuel

Atlanta ConstitutionAugust 14th, 1913 STIRS COURTROOM WHEN SHE RESENTS QUESTIONS ASKED FRANK'S WITNESS Solicitor Dorsey Was Cross-Examining Ashley Jones, a Witness Who Had Been Testifying to the Good Character of the Prisoner, and Had Just Asked Him if He Had Not Heard of Frank Taking Liberties With Little Girls Out at Druid Hills Some Time Ago. TEARS FILLING EYES, WOMAN LEAVES COURT WITH SON'S ATTORNEY Large Part of Wednesday's Testimony Was Consumed in an Effort on Part of the State to Break Down the Testimony Given by Lemmie Quinn—Dr. William K. Owen Takes the Stand in Afternoon to Tell How

Atlanta ConstitutionAugust 14th, 1913 Mrs. Rae Frank, the mother of the prisoner, startled the courtroom shortly before 4 o'clock, when she denounced Solicitor Dorsey, when he made an attack on the character of her son. J. Ashley Jones, a local insurance agent, was in the witness chair testifying to the moral character of the accused when the incident occurred. He was asked by Solicitor Dorsey if he had over heard of Frank taking little girls out to Druid Hills, sitting them on his lap and fondling them. Mrs. Frank glanced furiously at the prosecutor, and rising from her chair, she

Atlanta ConstitutionAugust 14th, 1913 Lemmie Quinn, foreman of the metal department of the National Pencil factory, was put on the stand by the defense following the ex-office boy. "Aren't you foreman of the department Mary Phagan worked in?""Yes." "Do you recall the time R. P. Barrett found the spots on the floor?""Yes." "Did Barrett ever state to you about his hope of getting a reward?""Yes, he asked my opinion." "What statement has he made about getting a reward if Frank should be convicted?" "He asked me if I didn't think he was entitled to something." "Did anybody ever see that

Atlanta ConstitutionAugust 14th, 1913 Alfred L. Lane, who stated that he lives in Brooklyn, and is a merchant of New York city, was the first witness to take the stand to swear to the good character of Leo Frank and so quietly was he introduced that not until the defense had asked him several questions did it become known what was about to take place. "You came here yesterday afternoon especially to testify about Mr. Frank, did you not?" asked Mr. Arnold after he had established the identity of the witness and drawn from him the statement that he had

Atlanta ConstitutionAugust 15th, 1913 Following Denham, J. R. Leach, a division superintendent for the Georgia Railway and Power company, took the stand. He was asked a number of questions by the defense about street car schedules, and on cross-examination proved a good witness for the prosecution by declaring that street cars frequently arrived in town some minutes ahead of their schedule and that the motorman and conductors were often punished for this. W. M. Mathews and W. T. Hollis who swore to bringing Mary Phagan to town on the day of the murder had declared that cars never reached town

Atlanta ConstitutionAugust 15th, 1913 R. A. Sohn, superintendent of the Jewish Orphans home, was called to testify on Frank's behalf. The witness said that his residence was at No. 408 Washington street. He said that he has known Frank a good many years and that his character was good. He was excused without undergoing cross-examination by Solicitor Dorsey. Alex Dittler, secretary of the Jewish Alliance and an officer of the Federation of Jewish societies, also testified to Frank's good character. The witness said that he has been a resident of Atlanta more than thirty-eight years. He was deputy city marshal

  Atlanta Constitution August 15th, 1913 Henry Smith, a mechanic in the pencil factory, who admitted on cross-examination that he had received a raise in salary in the past two weeks, went upon the stand to tell of Barrett's attitude in the case. "What department do you work in?" "The metal department." "Do you know of a man named Barrett who used to work there?" "Yes." "Ever hear of him getting a reward if Frank was convicted?" "I've heard him talk of it." "Did he ever go through the motions of counting money?" "Yes, he used to go by me

Atlanta ConstitutionAugust 15th, 1913 Following Mrs. E. A. Marcus, eight character witnesses were placed on the stand. They were V. H. Kriegshaber, Max Goldstein, Sidney Levy, Rabbi David Marx, D. I. McIntyre, and insurance man and member of the firm of Haas & McIntyre, Dr. B. Wildauer, a dentist, and John Findley, superintendent for Dittler Brothers and formerly master mechanic for the National Pencil company. "Do you know Frank?" asked Mr. Arnold of Mr. Kriegshaber, who was first called to the stand. "Yes." "Is his character good or bad?""It is good." "How often have you come into contact with Frank?"

Atlanta ConstitutionAugust 15th, 1913 Harry Denham, an employee of the National Pencil company, was put on the stand after the Pittsburg man had testified to the character of the defendant. Denham was asked a number of questions about what happened in the building on the day of the murder and through him the defense made the point that the elevator made a loud noise when it ran. Denham swore that the elevator shook the entire building when it stopped and when it started. "Were you at the factory on Friday, April 25?" he was first asked. "Yes." "Were you there

Atlanta ConstitutionAugust 15th, 1913 Miss Rebecca Carson, a forewoman in the pencil factory, who made the startling statement that Jim Conley had admitted to her that he was drunk on the Saturday of the murder was put on the stand. "Did you see Leo Frank at any time on April 26?" "Yes, I saw him on Whitehall street near Hunter between 2:20 o'clock and 2:25." "Did you speak to him?""Yes." "Did you come to the factory Monday morning following the murder?""Yes." "Did you see Frank?""Yes." "Jim Conley?""Yes." "Did you talk with Conley?""Yes." "What did he say?""I asked him where he

Atlanta ConstitutionAugust 15th, 1913 Charley Lee, a mechanic in the pencil factory, who admitted on cross-examination that he had received a raise in salary within the past two weeks, was called to testify to a number of accidents on the second floor from which blood had been spilled in vicinity of the dressing rooms where blood spots were found after the tragedy. "Do you remember an accident in the metal room on October 4, 1912?""Yes, a man named Duffy was cut on the finger and bled freely." "Was his finger cut to the bone?""Yes." "Did he go to the ladies'

Atlanta ConstitutionAugust 15th, 1913 Mrs. M. Marcus, a relative by marriage of Mrs. Leo M. Frank, was the first witness called at the afternoon session. She was one of the friends of the Franks and Seligs who played cards at their home, 68 East Georgia avenue, on the night of April 26. She swore Frank acted naturally during all the time that she saw him and that he even got to laughing at a baseball story he was reading in a magazine and tried to break up their poker game by reading it to them. "Did you see Mr. Frank

Atlanta ConstitutionAugust 15th, 1913 Mrs. Charles F. Ursenbach followed her husband on the stand. During the cross-examination by Attorney Hooper she was asked scores of detailer questions about the words and manner of Leo Frank on the Sunday that the body was found. "What is your relation to Mrs. Leo Frank?" asked Mr. Arnold. "I am her sister." "Did you hear about the message from Mr. Frank saying he could not go to the ball game with your husband that Saturday?""Yes, I got it from the servant." "At what time?" "At about 12:30." "Did you see Frank on Sunday?" "Yes."

Atlanta ConstitutionAugust 15th, 1913 Charles F. Ursenbach, husband of Mrs. Leo Frank's sister was put on the stand following Miss Dula May Flowers. He was used by the defense to show what Leo Frank had broken the baseball engagement early on Saturday morning. He also testified to Frank's demeanor after the crime and was asked a number of questions about lending Frank his raincoat Sunday afternoon. What the importance of the raincoat was, neither side would say, but each asked a large number of questions about it. "Did you see Frank on Sunday?" asked Mr. Arnold. "I did." "Did you

Atlanta ConstitutionAugust 15th, 1913 Classmates and Instructors at Cornell Come to Atlanta to Testify to His Clean Life While at College and to Show Their Loyalty to Old College Friend. DORSEY ASKS REMOVAL OF LEO FRANK'S MOTHER AND WIFE FROM COURT Judge Warns Them That Another Scene Like That of Wednesday, When Mrs. Rae Frank Denounced Solicitor, Will Result in Barring Them—Leach Proves Good Witness for the State Although Called to Testify by Defense More witnesses were examined Thursday than on any day since the trial of Leo M. Frank began. However, there was little adduced from the testimony that

Atlanta ConstitutionAugust 15th, 1913 Milton Klein, a wholesale lumber dealer, a frequent visitor of Frank's while he was in the tower, was the last witness of the day. He was cross-examined at length by Solicitor Dorsey, whose object apparently was to show that it was Klein who prevented the detectives confronting Frank with Jim Conley. The direct examination of Klein by Attorney Arnold was as follows: "How long have you known Frank?""Ever since he came here." "Was his character good or bad?""It was good." "When was the last time you saw Frank?" asked Solicitor Dorsey on cross-examination. "Did you see

Atlanta ConstitutionAugust 15th, 1913 Miss Eula May Flowers, an employee of the National Pencil factory, was put on the stand following the two Cornell professors. "Were you at the factory on April 26?" asked Mr. Arnold. "Yes." "What department are you in?""The packing department." "Who got the data and when from you for the financial sheet made up on April 26?""Mr. Schiff got it from me about 6 o'clock Friday afternoon." "You say you always turned in your report on Friday afternoons?" asked Attorney Hooper, who took up the cross-examination. "Yes," the witness replied, "either on Friday afternoons or early

  Atlanta Constitution August 15th, 1913 Following the testimony of those who claimed to have played poker at the Emil Selig home on the night of April 26, Mrs. Selig, Leo Frank's mother-in-law was placed on the stand and asked a number of questions about the happenings at her house on Sunday, April 27. To most of the questions from the state on cross-examination she replied that she had forgotten. When the witness took the stand, Attorney Arnold called on the state for the affidavit which Minola McKnight, the Selig's cook, signed at police station and later repudiated. "Mrs. Selig,"

  Atlanta Constitution August 15th, 1913 John W. Todd, of Pittsburg, PA., purchasing agent for the Crucible Steel company, who was with Frank at Cornell university, followed Mrs. Emil Selig to the stand. He was asked if he knew the general character of Frank while at college and replied that he did and that it was good. He was let off with no cross-examination and went over and shook hands with the defendant and his wife and mother. He then passed by the press table and shook hands with a newspaper man who formerly worked in Pittsburg. After staying a

Atlanta ConstitutionAugust 15th, 1913 Sig Montag, president of the National Pencil company and associate in Montag Brothers, was put on the stand at the close of the morning session. He testified that during part of the time named by Jim Conley in the dates at which he swears he watched for Frank on the first floor the Clark Woodenware offices occupied that portion of the factory building. He was examined by Mr. Rosser. "What was your connection with the pencil factory from May last?""First secretary and treasurer, then president." "How often did Frank come to your office?""Once a day except

Atlanta ConstitutionAugust 15th, 1913 Mrs. A. Marcus, a sister of Mrs. Leo Frank, followed Mrs. C. F. Ursenbach, another sister. She was among those who played cards at the Selig home on April 26. "Did Frank and his wife play cards with the rest?" Mr. Arnold asked. "No." "Where were they?""Mr. Frank sat in the hall reading and his wife was in and out of the room." "What time did they go to bed?""Something after 10 o'clock." "Was Frank nervous?""No." "Anything unusual about him?""No." "You say Frank sat in the hall reading, did you?" asked Attorney Hooper on cross-examination. "Yes,"

Atlanta ConstitutionAugust 15th, 1913 Another character witness was introduced by the defense in Harry E. Lewis, of Brooklyn, N. Y., former neighbor of Frank, and a former assistant to the district attorney. "Did you ever know Frank?" he was asked by Mr. Arnold. "Yes, for about twelve years." "How?""He was my neighbor." "Did you know him until he came south? What was his character?""Good." Cross-examination by Mr. Hooper. "Have you known him since he came south?""No." "You may come off."The second character witness of the Thursday session was Herbert Lasher, of Fleischman, N. Y., a former college mate of the

Atlanta ConstitutionAugust 15th, 1913 At the opening of the morning session yesterday Solicitor Dorsey motioned for the court to exclude the wife and mother of Leo M. Frank, Mrs. Lucille Frank and Mrs. Rae Frank, on account of the sensational outburst of the mother Wednesday afternoon, when she denounced the solicitor for attacking the character of her son. In reply to the solicitor's move to have the mother and wife of the defendant excluded from the court room, Attorney Arnold made a strong speech in their behalf, saying: "It is a new doctrine to me where a wife and mother

Atlanta ConstitutionAugust 15th, 1913 The first of a chain of witnesses who were produced to prove Frank's movements during the time he left the pencil factory for dinner was Miss Helen K. Curran, a pretty stenographer, who stated that she met him at Jacobs' pharmacy on Whitehall street and Alabama. She was questioned by Mr. Arnold. "Where were you on April 26?""A little after 1 o'clock I was standing at Jacobs' drug store at Whitehall and Alabama streets. It was about 2:05 o'clock." "Did you see Frank?" "I had been standing for five minutes on the corner when I turned

Atlanta ConstitutionAugust 16th, 1913 Truman McCrary, an aged negro drayman, who once was an employee of the pencil factory, was put on the stand during the afternoon session. "Where do you work at present?" Mr. Arnold asked. "I run a street dray." "Where did you work up to May?" "At the pencil factory." "Did you work there on Saturdays?""Every Saturday for a year or more." "How late in the afternoons?""Sometimes until 3 o'clock and sometimes as late as 5." "On any Saturday afternoon did you ever see the front door locked?""No, sir." "Ever see Conley around the front door?""No, sir."

Atlanta ConstitutionAugust 16th, 1913 Ike Haas, well-known manufacturer, was put on the stand during Friday afternoon. "How long have you been in Atlanta?""Four years." "What is your business?" "I am a manufacturer." "Do you know Leo M. Frank and his general character?" "Yes." "Is it good or bad?" "Very good." "Did you hear your telephone bell ring on the morning of April 27?" "No, but I heard my wife answering it." Hooper on cross-examination: "Your wife woke you up?""Yes." "There is some little difference between a wife and a telephone, isn't there, Mr. Haas?""Yes; but both are expensive and necessary."

Atlanta ConstitutionAugust 16th, 1913 M. O. Nix, credit man for Montag Bros., of whom Sig Montag is general manager of the National Pencil company, followed A. D. Greenfield to the stand. He identified Leo Frank's handwriting on a number of the financial sheets and on the one that he claims to have made up on April 26. When shown a sample of writing Frank did for the police when they desired to compare his writing with that on the murder notes, Nix said it looked like Frank's, but he refused to swear to it. "Previous to April 26 did you

  Atlanta Constitution August 16th, 1913 R. V. Bauer, the ex-student who was on the stand undergoing cross-examination at the adjournment of the morning session took the stand at the opening of the afternoon session. "Who have you talked with since dinner?" he was asked by the solicitor. "Mr. Montag, Sig Gottheimer, Mr. Rosser and Mr. Arnold." "Where?" "In Mr. Arnold's office." "How long did you talk with him?" "Two or three minutes." "What did they ask you?" "Nothing but the facts I've already told you." "On the third Saturday in January, who did you see at the pencil factory?"

Atlanta ConstitutionAugust 16th, 1913 A. D. Greenfield, one of the owners of the building occupied by the National Pencil company, of which Frank is superintendent, followed the former office boy to the stand. He was questioned about the occupancy of the building by the Clark Woodenware company, and also about Frank's character. "How long have you been one of the owners of the building occupied by the National Pencil company?" Mr. Arnold asked. "Since 1900." "Has any new flooring ever been put in on the second floor since you became part owner of the building?""No." "Do you know Leo Frank?""Yes."

Atlanta ConstitutionAugust 16th, 1913 Mrs. E. H. Carson, mother of Rebecca Carson, and a forewoman in the pencil factory, was put on the stand late in the afternoon. "How long have you been employed by the pencil factory?" "Three years." "Did you ever see blood spots around the dressing rooms?" "Yes." "When did you see Jim Conely last?" Saw Conley on Tuesday. "I saw him the Tuesday after the murder. He came to my machine, and I said: ‘Jim, I see they haven't go you yet.' Thursday he came again. I told him the same thing. He said that he

Atlanta ConstitutionAugust 16th, 1913 Joseph Stelker, an employee of the National Pencil company, followed the Montag's credit man to the stand. Stelker was questioned closely about conditions at the factory, and while he was on the stand both sides again took up the much-discussed question of whether or not Frank had a raincoat with him on the day of the murder. Stelker, in his testimony, made the spectators laugh when he told of how Jim Conley had swindled him out of a half a can of beer. He also remarked that he thought Jim was a better negro for having

Atlanta ConstitutionAugust 16th, 1913 Miss Julia Fuss, a girl about 16 years old, and an employee at the National Pencil factory took the stand to testify as to Frank's character. She not only testified that she believed the defendant's character to be good, but that she had heard Jim Conley declare that Mr. Frank was as innocent as the angels in heaven. Mr. Arnold asked Miss Fuss whether she had ever been in Frank's office when anything immoral took place. She replied that she had not. "Do you know Jim Conley?""Yes." "Did you talk with him after the murder?""Yes. On

Atlanta ConstitutionAugust 16th, 1913 The greater part of the time Friday was taken up by the defense in producing witnesses to swear to the good character of Frank. One witness placed on the stand, F. F. Gilbert, an employee of Montag Mros. , swore that he did not know Frank well enough to testify to his character. The witnesses who were used solely to attest his good character were: Dr. and Mrs. J. E. Sommerfield, of 300 Washington street; F. Schiff, of 18 West Fair street; Joseph Gershon, of 390 Washington street; P. D. McCarley, of 24 Hemphill avenue, in

Atlanta ConstitutionAugust 16th, 1913 Mrs. Dora Small, a machine operator for the pencil factory, was the last witness of the afternoon session. "How long have you been working with the factory?" she was asked by Arnold. "For five years." "Did you know Mary Phagan?""Only when I saw her." "Did you know Jim Conley?""Yes, I saw him the week after the murder." "Did you see him with newspapers?""Yes, he borrowed money from me to get them with." "Did he look like he was reading them?""He was reading them." "How was his coat?" Said Frank Was Innocent. "All buttoned up plumb to

Atlanta ConstitutionAugust 16th, 1913 Emma Hill, a maid in the Schiff home was called to tell of a telephone message for Herbert Schiff, made by Frank on the morning of the tragedy. "Do you remember anybody trying to call Schiff on the 26th of April?" "Yes, sir. Somebody who sounded like a boy, rang the phone and said tell Mr. Schiff that Mr. Frank wanted him at the office to do some work." "What time was it?" "It was about 11 o'clock. I woke Mr. Schiff and he said tell whoever it was at the phone that he would be

Atlanta ConstitutionAugust 16th, 1913 Miss Mary Perk, a forelady in the polishing department of the pencil factory followed Mrs. Carson to the stand. "Do you know Frank and his general character?" she was asked by Mr. Arnold. "Yes, for five years." "Is it good or bad?""Good." "Do you know Jim Conley?" "I saw him Monday. I accused him of the murder and he tucked his head and walked away." "Is his character good or bad?""Bad." Mr. Dorsey on cross-examination. "You reported your suspicion of Conley to Frank on Monday, didn't you?""No." "What made you suspect Jim?""He acted like he was

Atlanta ConstitutionAugust 16th, 1913 The more or less listless curiosity of the courtroom spectators was scarcely aroused during the afternoon until the last witness was called who was Mrs. Rae Frank of Brooklyn, N. Y. The mother of Leo M. Frank. Not the slightest intimation had been given that Mrs. Frank would be called to the stand and a whisper of surprise spread over the room as the leaden-eyed mother, weary with the many days through which she has patiently sat and heard every conceivable blight cast at the name of her son slowly ascended the stand. As she held

Atlanta ConstitutionAugust 16th, 1913 MOTHER IDENTIFIES LETTER FRANK HAD WRITTEN TO UNCLE ON MEMORIAL DAY Testimony Used by Defense to Show That the Prisoner Could Not Have Written This Letter, Which Was of Considerable Length, Had He Been Laboring Under Stress of Excitement Which Would Have Followed the Murder of Mary Phagan. PENCIL FACTORY GIRLS SWEAR CONLEY CALLED FRANK AN INNOCENT MAN Witness After Witness Declare That They Never Saw Women in Office of Superintendent—The State Brings Girl Back From Home of Good Shepherd in Cincinnati to Give Evidence Against Prisoner—Her Testimony Is Kept a Secret. The defense played one

Atlanta ConstitutionAugust 16th, 1913 Walter Pride, a negro employee in the National Pencil factory, who is named in Jim Conley's story, was put on the stand in the middle of the afternoon. "Where do you work on Saturdays?" he was asked by Arnold. "I work every where anything is to be done on the machinery." "Have you missed a single Saturday since May?""No." "What floors do you work on on Saturdays?""From basement to the roof." "What do you do on the office floor?""Work on the toilets." "What time do you generally leave on Saturdays?""4:30 o'clock." "Ever see any women come

Atlanta ConstitutionAugust 16th, 1913 Annie Hicks, a maid in the home of Charles Ersenbach, testified to having received a telephone call from Frank to Ersenbach, breaking a ball game engagement for the afternoon of April 26. "Do you recall Memorial day?""Yes, sir." "Did you get a telephone message from Mr. Frank?""Yes, he called at 1 o'clock and said tell Charles Ersenbach that he couldn't go to the ball game that afternoon. He stopped for a minute and said, to somebody beside him, ‘Hush, honey,' and I supposed he was talking to his wife." Dorsey on cross-examination. "How long have you

Atlanta ConstitutionAugust 16th, 1913 B. J. Nix, of Marietta, an office boy for Leo Frank from April to October, 1912 was the first witness, outside of those testifying to character, who was put on the stand Friday. The lad who gave his age as 19 swore that he had never seen Frank having women in his office. He stated that he left the office at 1 o'clock every other Saturday during the summer months. "Were you ever an office boy for the National Pencil company?" was Mr. Arnold's first question. "Yes, sir." "When?""From April to October of last year." "Did

Atlanta ConstitutionAugust 16th, 1913 Harry Gottheimer, a traveling salesman for the Montag firm and the pencil factory, took the stand to tell of an engagement he had made with Frank on the afternoon of the murder. "Do you remember seeing Frank on April 26?" he was asked by Arnold. "Yes, I saw him at Montag's about 10 o'clock that morning." "Did you talk with him?""Yes, I was at the desk in the office and he came over to speak to me. I asked him of two important orders which had been forwarded and he said that if I would come

    Atlanta Constitution August 17th, 1913 Mrs. Rae Frank, mother of Leo Frank, resumed the stand at the opening of the morning session Saturday. Under cross-examination by Solicitor Dorsey, she was forced to tell much of her business interests In Brooklyn, her home, and that of many of her relatives. She was questioned first on direct examination by Mr. Rosser. "Has your son, Leo Frank, any rich relatives In Brooklyn?" "No." "When you opened this letter which he wrote to his uncle, where there any other papers in the envelope?" "Yes." "Did you recognize the handwriting of your son?"

  Atlanta Constitution August 17th, 1913 With the introduction of W.D. MacWorth, the Pinkerton detective who discovered the blood spots on the first floor near the trap door and the bloody club and pay envelope nearby, came the verification of a rumor that the prosecution would try to show an attempt on the part of the Pinkertons in the employee of the National Pencil factory to double-cross the police. This came when Dorsey sought to prove that the Pinkertons had tried to conceal from the police the fact of the discovery of the club, piece of buggy whip and the

The Atlanta Constitution August 18th, 1913 (Page 1, Column 7) Defense Intimates This, and Also That Statement Will Vary But Little From One Given at Inquest. FRANK PREPARED FOR ORDEAL OF STATEMENT Impeachment of Conley Being Prepared For, Say Lawyer-Spectators — Defense May Succeed in Ruling Out Part. Interest in the Frank trial is heightened by the announced prospect of the defendant taking the stand sometime today in the battle for his life that has been raging for the past two weeks. Attorneys for the defense intimated strongly Sunday afternoon that Frank would go on the stand either this morning

  The Atlanta Constitution, August 18th, 1913, Monday (Page 1, Column 3, Bottom) Mrs. A. E. Benton, grandmother of Mary Phagan, who had come to Atlanta to be present at the trial of Leo M. Frank charged with the murder of her little granddaughter, died last night at 9:40 o'clock at the home of her daughter and the dead girl's mother Mary, J, W, Coleman, of 704 Ashby Street. On the second day of the trial, grief and incessant worry over the death of her grand daughter carried Mrs. Benton to her bed, from which she was never able to

  Atlanta Constitution August 19th, 1913 Just before the close of the morning session the defense began putting in evidence various books and papers shown from time to time during the trial. The first first thing put up was the pasteboard model of the National Pencil factory. No objection was made lo this by the state, and Attorney Reuben Arnold explained that the model needs slight repairs, as during a "discrepancy" between two gentlemen in the anteroom one of them had been knocked through the elevator shaft. After offering the pasteboard model Mr. Arnold put in evidence without objection from

  Atlanta Constitution August 19th, 1913 The climax of the Frank trial came at the afternoon session Monday, when Leo M. Frank took the stand to tell of his actions on the day of the murder. The accused man's statement was clear, concise and straightforward. He talked in smooth, even tones, punctuating his statement with emphatic gestures of the arms and fingers. He had more the appearance of an at attorney making a fury speech instead of an accused man making a plea for life and liberty. It was a dramatic story, marked by the straightforward delivery of the prisoner.

The Atlanta Constitution,Tuesday, 19th August 1913.Page 1."Silent Man in Tower" Tells His Story to Men Who Will Decide His FateTwo poses of Leo M. Frank on the witness stand on Monday afternoon telling his story to the jury. In one picture he is shown with his notes in, his hand.Frank on the stand was cool, perfectly poised and at all times the master of himself. He showed no trace of nervousness. He looked the jury squarely in the face. He was at times explicit when explaining the details of his business, argumentative when telling of things that had looked dark

The Atlanta Constitution,Tuesday, 19th August 1913.Numbers of girls and women, either now employed or formerly employed at the National Pencil factory, were placed on the stand Monday by the defense to swear to the good character of Superintendent Leo M. Frank.The following, 21 in all, declared Frank's character good: Miss M. E. Fleming, Miss Annie Howell, Miss Lillie May Goodman, Miss Cora Cowan, Miss Jimmy Mayfield, Miss B. D. Smith, Miss Lizzie Ward, Miss Ida Holmes, Miss Willie Hatcher, Miss Mary Hatcher, Miss Olive Johns, Mrs. Georgia Denham, Miss Bessie White, Mrs. Lizzie Florence, Miss Jennie Spivey, Mrs. Minnie Smith,

The Atlanta Constitution,Tuesday, 19th August 1913.Page 23Harlee Branch, a newspaper man who was present when James Conley, the negro sweeper of the National Pencil factory, went through for the police a pantomime of what he claims occurred on the day of the murder when he says he aided Leo Frank in hiding the body of Mary Phagan, was the first witness called lo the stand Monday morning.Mr. Branch had been on the stand Saturday, but had not finished his testimony when court adjourned. Through his statements as to the time, Attorney Reuben Arnold drew the conclusion that 49 minutes must

The Atlanta Constitution,Tuesday, 19th August 1913.When Mrs. J. G. Wardlaw, a bride of three weeks, who was Miss Lula McDonald, recently worked at the National Pencil factory, was on the stand, Solicitor Hugh Dorsey sought to draw from her the statement that she knew that on the Saturday previous to Mary Phagan's murder that Leo Frank had carried a little girl out on the Hapeville car line and tried to get her to leave the car with him at various stops.He also tried to get the witness to say that she knew that on his occasion H. M. Baker and

  The Atlanta Constitution, Wednesday, 20th August 1913. Page 2. E. H. Pickett, an employee of the Beck & Gregg Hardware company, and the man mentioned by Roy Craven on the witness stand, was next put up as a witness for the state. To corroborated what Craven said and through him the state made an open fight to impeach Minola McKnight and also to contradict Mrs. Emil Selig, who, on cross-examination, denied the conversation she is said to have had with the cook in urging her to keep quiet about what she had seen at the Frank home. "Were you

The Atlanta Constitution, Wednesday, 20th August 1913. Page 3. George Kendley, a street car motorman, was put on the stand after M. F. McCoy, and on cross examination Attorney Rosser tried to draw from him the statements that he had vilified Leo Frank to such an extent that he had made himself a nuisance to passengers on his car, and that he had repeatedly said he would be willing to head a party to lynch Frank. Kendley was put up by the state and swore that he saw Mary Phagan on Forsyth street near the bridge, and that she was

  The Atlanta Constitution, Wednesday, 20th August 1913. Page 3. Dr. Clarence Johnson, a well-known specialist, who was put up by the prosecution in rebuttal of the testimony offered by the defense in attacking that of Dr. Roy Harris, was the final witness during the afternoon session. His testimony was stopped in the middle of its narration in order to give the solicitor time to investigate authorities on a medical subject on which Mr. Dorsey was questioning the witness at the time a discussion arose between the prosecution and defense. "What is your business?" he was asked by the solicitor.

The Atlanta Constitution,Wednesday, 20th August 1913.Page 2.M. E. McCoy, of Bolton, who stated that he worked part of the time as a painter and part as a farmer, was put on the stand after McEwen, the motorman. He swore that he saw Mary Phagan on Forsyth street going to the National Pencil factory at a very few minutes after the noon hour of the day she was killed.Before he had left the stand the defense had made a bitter but unsuccessful effort to break him down and confuse him and Attorney Rosser had asked him something like a hundred questions

The Atlanta Constitution,Wednesday, 20th August 1913.Page 3.Albert McKnight, husband of Minola McKnight, the negro cook for the family of Emil Selig, with whom Leo Frank and his wife made their home, was introduced to the stand following E. H. Pickett.Mr. Hooper drew from the negro the statement that since the day he stood in the kitchen door and saw Leo Frank's reflection in the dining room sideboard glass that the sideboard had been moved.The negro was made to go over a blue print diagram of the Selig home and show what he claimed was the location of the sideboard on

Atlanta ConstitutionWednesday, August 20th, 1913 Miss Nellie Wood, a former employee of the National Pencil factory, whom the state claims left there because on the second day she was there when Leo Frank got her into his office and made indecent proposals to her, was put on the stand following the McKnight negro. After bitter wrangles with the jury out of the courtroom, Judge Roan ruled that the woman could not tell that Frank had made these proposals to her, but that all she could tell about was what she had heard others say in regard to his character before

The Atlanta Constitution, Friday, 22nd August 1913. Page 2. When Attorney Frank A. Hooper had made the opening speech of the prosecution, Attorney Reuben R. Arnold prepared for the first speech of the defense. It had been announced that he would review the entire history of the case and when he started at noon the pasteboard model of the pencil factory was brought In. A large diagram giving a synopsis of the case was also brought in, but was not unwrapped when Mr. Arnold first started, "Gentlemen of the jury, we are all to be congratulated that this case is

The Atlanta Constitution,Friday, 22nd August 1913.Page 1.This is the chronological table of Frank's actions on the date of the murder which was displayed in chart form yesterday afternoon during Attorney Arnold's speech:7:30 a.m. Minola McKnight.8:26 a.m. Frank arrives at factory. Sees Holloway, Alonzo Mann and Roy Irby.9:00 a.m.--Darley, Wade Campbell, Mr. Lime, Mattie Smith.9:20 a.m. Miss Mattie Smith leaves building.9:40 a.m. Darley and Frank leave building.10:00 a.m. Telephones Schiff to come to office.10:30 a.m. Alonzo Mann telephones Schiff at his home.11:00 a.m. Frank returns to pencil factory. Holloway and Mann came to office. Frank dictates mail and acknowledges letters.11:30 a.m.

The Atlanta Constitution,Friday, 22nd August 1913.Page 1.LAWYERS' BATTLE WILL END TODAY AND JUDGE WILL CHARGE THE JURYIn First Speech for State on Wednesday Morning, Frank Hooper Scored General Conditions at National Pencil Factory, Terming Leo Frank, a Dr. Jekyll and Mr. Hyde, and Explaining How Easy It Was for People Who Saw Only One Side of Him to Imagine Him a Paragon of Virtue.REUBEN ARNOLD BRANDS JIM CONLEY MURDERER OF LITTLE PHAGAN GIRLAttorney for Defense Dwells on Horror of Convicting Man Upon Purely Circumstantial Evidence, and Cites Many Instances Where Such Action Has Resulted in Great Injustice to the Accused.

The Atlanta Constitution,Friday, 22nd August 1913.Page two."Your honor, and gentlemen of the jury." spoke Mr. Hooper, the first of the attorneys to address the court, "the object of this trial, as well as all other trials, is the ascertainment of truth and the attainments of justice. In the beginning, I want to have It understood that we are not seeking a verdict of guilty against the defendant unless he is guilty.""The burden of guilt is upon our shoulders we confront the undertaking of putting It upon his. We recognize that it must be done beyond a reasonable doubt, and that

The Atlanta Constitution, Saturday, 23rd August 1913. Page 3. Solicitor General Hugh M. Dorsey began at 3:30 o'clock Friday afternoon, August 22, 1913, the final argument in the Leo Frank case, and he told the jurors as he started that they would not respect him if he slurred things over in order to please even them. "Your honor," he began, "I want to thank you for the many courtesies you have extended me and for the unlimited time you have given me in this argument, and, gentlemen of the Jury, I want to commiserate with you on your situation, but

The Atlanta Constitution, Saturday, 23rd August 1913. Page Two. In a quiet yet concentrated tone Attorney Luther Zeigler Rosser, Friday morning at 9 o'clock made the final plea of the defense for the life of Leo Frank. The beginning of the speech was impressive, it was almost whispered at times, but the voice that delivered it rose above the maze of ozonators and electric fans, and seemed to carry a body message about it. The life of a man was at stake and the message, pleading for his life, was opened almost as a prayer the subject being fate. Later