Leo Frank TV

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: and he said to go and get a piece of cloth to get around her, and I went and looked around the cotton mill and got a piece of cloth and went back there. The girl was lying flat of her back and her hands were out this way. I put both of her hands down, they went down easily, and rolled her up in the cloth and taken the cloth and tied her up, and started to pick her up, and I looked back a little distance and saw her hat and piece

Visible Translated Text Is As Follows: down, and he says, "Well, that one you say didn't come backdown, she come into my office awhile ago and wanted to knowsomething about her work in my office, and I went back there tosee if the little girl's work had come, and I wanted to be withthe little girl, and she refused me, and I guess I struck her,too hard and she fell and hit her head against something, andI don't know how bad she got hurt, of course you know I ain'tbuilt like other men." The reason he said that was, I

Visible Translated Text Is As Follows: was Miss Mary Perkins, that's what I call her, this lady thatis dead. I don't know her name. After she went upstairs I heardher steps going towards the office and after she went inthe office, I heard two people walking out of the office andgoing like they were coming down the steps, but they didn'tcome down the steps, they went back towards the metal depart-ment. After they went back there, I heard the lady scream, thenI didn't hear no more, and the next person I saw coming inthere was Miss Monteen Stover. She had

Visible Translated Text Is As Follows: time to get out." I says, "All right, I will do just as yousay," and I did as he said. Mr. Frank hit me a little blowon my chest and says, "Now, whatever you do, don't let Mr. Darleysee you." I says, "All right, I won't let him see me." ThenMr. Frank went upstairs and he said, "Remember to keep youreyes open," and I says, "All right, I will Mr. Frank." And Isat there on the box and that was the last I seen of Mr.Frank until up in the day sometime. The first

Visible Translated Text Is As Follows: "All right, Mr. Frank, I'll be right here." I don't know howlong he stayed at Montag's. He didn't see anything when hecome back from Montag's, but told me to come on. Mr. Frank comeout Nelson Street and down Forsyth street towards the pencilfactory and I followed right behind. As we passed up there thegrocery store, Albertson Brothers, a young man was up there witha paper sack getting some stuff out of a box on the sidewalk, andhe had his little baby standing by the side of him, and justas Mr. Frank passed by him,

Visible Translated Text Is As Follows: they wanted to chat. When young ladies would come there, Iwould sit down at the first floor and watch the door for him. Icouldn't exactly tell how many times I have watched the floorfor him previous to April 26th, it has been several times thatI watched for him. I don't know who would be there when Iwatched for him, but there would be another young man, anotheryoung lady during the time I was at the door. A lady for himand one for Mr. Frank. Mr. Frank was alone there once, that wasThanksgiving day. I

Visible Translated Text Is As Follows: S. L. ROS3ER, Sworn for the State.I am a city policeman. On Monday, April 26th, I went out to see Mrs. White. On May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th. These are the same chips we had at factory. The club was not on floor by elevator the day I searched the place. I had a flashlight and searched for everything. I would have seen it had it been there.CROSS EXAMINATIONI made no inquiry of her about

Visible Translated Text Is As Follows: 82I lived in Walton County fortytwenty years. I now live right herefrom Walton County. I was absent from Walton County once fortwo or three years and lived in Lawrenceville. I have walkedhim from the factory with Miss Laura Atkins and Miss Smith.RE-DIRECT EXAMINATION.I gave Jim Conley a half dozen or more quarters. I sawMr. Frank in his office in the day time. Mr. Frank had Coca-Colalemon and lime and beer in the office. I never saw the ladiesin his office doing any writing.RECALLED FOR CROSS EXAMINATION.Andrew Dalton is my brother-in-law. John Dalton is afirst

Visible Translated Text Is As Follows: visited the National Pencil Company three, four or five times.I have been in the office of Leo M. Frank two or three times.I have been down in the basement. I don't know whether Mr.Frank knew I was in the basement or not, but he knew I wasthere. I saw Conley there and the night watchman, and he wasnot Conley. There would be some ladies in Mr. Frank's office,sometimes there would be two, and sometimes one. May be theydidn't work in the mornings and they would be there in the eveningCROSS EXAMINATION.I don't recollect the

Visible Translated Text Is As Follows: contents in Mary Phagan's case. It showed plainly that it hadnot begun to dissolve, or only to a very slight degree, andindicated that the process of digestion had not gone on to anyextent at the time that this girl was rendered unconscious. Ifound that the starch she had eaten had undergone practicallyno alteration. The contents taken from the little girl'sstomach was examined chemically and the results showed thatthere were only slight traces of the first action of the diges-tive juices on the starch. It was plainly evident that none ofthe material had gone into

Visible Translated Text Is As Follows: 78mediately beneath the surface and a great deal of hemorrhage in the surrounding tissues. The dilation of the blood vessels indicated to me that the injury had been made in the vagina some little time before death. Perhaps ten to fifteen minutes. It had occurred before death by reason of the fact that these blood vessels were dilated. Inflammation had set in and it takes an appreciable length of time for the process of inflammatory change to begin. There was evidence of violence in the neighborhood of the hymen. Rigor mortis varies so much

Visible Translated Text Is As Follows: 77Q. (By Mr. Arnold) had been in the child's stomach. A blow onthe back of the head might blacken one or both eyes.RE-DIRECT EXAMINATIONI think excitement could produce flow from the uterus. Idon't think it would cause any discoloration of the walls ofthe vagina except from the blood.DR. H. F. HARRIS, sworn for the State.I am a practicing physician. I made an examination of thebody of Mary Phagan on May 5th. On removing the skull I foundthere was no actual break of the skull, but a little hemorrhageunder the skull, corresponding to the point

Visible Translated Text Is As Follows: present when Dr. Harris made the post mortem examination of thisgirl. Cabbage is digested better by some people than others.It depends on the individual- very much. It is considered hardto digest. It depends largely on mastication. You can chew upso thoroughly that it would go down into the stomachalmost a liquid, but it would not be digested until the stomachtook up that chewed mass. It would take a much longer time todigest and assimilate unmasticated cabbage than if it had beenthoroughly chewed. It takes about 3 1/2 hours to digestcabbage properly masticated, and it

Visible Translated Text Is As Follows: brain nor the meninge were affected. There was a littlecontusion on the interlining of the skull. There was no bleedingon the brain tissues. I don't know whether it would produceunconsciousness or not. I was never asked before to examinethe inside of anybody's skull to determine the fact whetherdeath or unconsciousness resulted from the wound. It is myimpression that this lick did produce unconsciousness, but Iwon't swear it, I don't know. The hemorrhage which we dis-covered in the skull caused no pressure on the brain. That wasno sign that unconsciousness resulted. Where a person is

Visible Translated Text Is As Follows: an inch through the teeth. There was a cord on the left knee, about 2 inches below the knee. There were some superficial scratches on the left and right elbow. There was a cord around the neck and this cord was imbedded into the skin and in my opinion she died from strangulation. This cord (Exhibit "C" for State) looks like the cord that was around her neck. There was swelling on the neck. In my opinion the cord was put on before death. The wound on the back of the head seemed to

Visible Translated Text Is As Follows: DR. CLAUDE SMITH, sworn for the state.I am physician and city bacteriologist and chemist. These chips (exhibit B-State) appear to be the specimen which the detectives brought to my office and which I examined, they had considerable dirt on them and some coloring stain. On one of them I found some blood corpuscles. I do not know whether it was human blood. This shirt (Exhibit B for State) appears to be the same shirt brought to my office by detectives which I examined. I examined spots and it showed blood stain. I got no

Visible Translated Text Is As Follows: some urine on her underclothes and there were some dry bloodsplotches there. The right leg of the drawers were split with aknife or torn right up the seam. Her right eye was very darklook-ed like it was hit before death because it was very much swollen;if it had been hit after death there wouldn't have been any swell-ing. I found a wound 2-1/4 inches on the back of the head. It wasmade before death, because it bled a great deal. The hair was mattedwith blood and was very dry. If it had been made

Visible Translated Text Is As Follows: told him I was not. He was not there when I went through the factory and when I told him about it, he said I bet you were scared. He walked around this way a little bit and he was kind of shaking like that (illustrating). His fingers were trembling.NELL STANFORD, Sworn for the State (recalled).The door in the rear part of the factory on the second floor on Friday evening was barred. There is no way in the rear of the building to come down to the second floor when the door is

Visible Translated Text Is As Follows: when I asked Mr. Frank for Mary's money. Some of the officeforce were there, but I can't recall their name. I worked inthe metal department about two years. I never saw little MaryPhagan in Mr. Frank's office. I don't think Mr. Frank knew myname, he knew my face. It has been some time since I asked forMary's pay by number. I do not believe that I ever saw Mr.Frank speak to Mary Phagan.RE-DIRECT EXAMINATION.I don't know who paid on Friday, April 25th.R. L. WAGGONER, Sworn for the State.I am a city detective. On Tuesday,

Visible Translated Text Is As Follows: Birmingham, I told it to Mr. Craven of the Beck & GreggCompany. It was before Minola went down to the jail. Mr.Starnes, Mr. Campbell, Mr. Morse, Mr. Martin and Mr. Dorseyall talked to me. I didn't go down to see Minola at thestation house. I didn't see Mrs. Frank or Mrs. Seling thatSaturday through the mirror. I didn't keep my eye on the mir-ror all the time. I couldn't tell who was in the dining roomwithout looking in the mirror. Mr. Frank got there not laterthan 1130. Mr. Frank came on back to Pulliam

Visible Translated Text Is As Follows: Chief Lanford at the end of the statement, xxxxx I wrote the statement out in longhand the same day. I don't remember exactly when.ALBERT MCKNIGHT, Sworn for the State.My wife is Minola McKnight. She cooks for Mrs. Seling. Between 1 and 2 o'clock on Memorial Day I was at the home of Mr. Frank to see my wife. He came in close to 1:30. He did not eat any dinner. He came in, went to the sideboard of the dining room, stayed there a few minutes and then he goes out and catches a

Visible Translated Text Is As Follows: following answers at the coroner's inquest: "Q. Had you everseen him change that before? A. Well, he put the tape inonce before. Q. When was that? A. I don't know, sir, whenit was, it was one night. Q. How long did it take him thefirst time you ever saw him put the tape on? A. I neverpaid any attention to him. Q. Well, about how long did ittake him, five minutes? A. No, sir, it didn't take himthat long. Q. Did it take him a minute? A. I couldn'ttell exactly how long. Q. How

Visible Translated Text Is As Follows: - 65 -lady answered the telephone. I got them in a few minutes. Itried to get Mr. Frank again about five o'clock - Central saidshe rang and she couldn't get him. There was some blood onthe girl's underclothes.CROSS EXAMINATION.There was a wound on the left-hand side of the girl's headThe blood was dried up. It was wet right next to the skin.Lee said over the telephone that it was a white girl. Ittook us about three minutes to get to the factory from thepolice station, just as quick as the automobile could get usthere.

Visible Translated Text Is As Follows: being scattered around. I have soratoh pads of that shape soatter- ed around even in the basement. That soratoh pad is used all over the factory, everywhere there is a foreman or a forelady. No, not in the area around the elevator there, the trash is carried down- stairs right in front of the boiler, sometimes if they are in a hurry they leave it around the elevator for a little while, and when I go down I make the negro move it to the boiler. It is usually burned. Some of it may

Visible Translated Text Is As Follows: was very nervous Tuesday after the extra came out saying thatthey were going to arrest him. That was about 15 or 20 minutesbefore they arrested him. As to who gets up the data for Mr.Frank for the financial sheets, Mr. Loeb sometimes, and Mr.Gantt used to get up some, and Mr. Schiff gets it up sometimes.Mr. Frank got it up himself, sometimes. No, I do not knowthat Mr. Schiff furnished it to him all the time. I never noticedwhether Mr. Lee was nervous or not at any time, but of course, helooked bothered and

Visible Translated Text Is As Follows: 62is a representation to show a full view from Frank's desk into the hall, as a matter of fact it is a single door, standard size. It looks like it was drawn to open up a space to give as much view as possible out into the hall. The safe is shown to be about half its real size on this picture. On the picture it is shown to be about one-third the width of the door, as a matter of fact it is about the same size. When the safe door is open,

Visible Translated Text Is As Follows: it ran over a little child. He came in about 2:30 and he couldn't work any more on his books until a quarter after four. He trembled just as much on that occasion as he did on the Sunday after Mary Phagan was killed. Another time I remember when I went over to the main factory and he and Mr. Montag had a fuse on the fourth floor. Mr. Montag hollered at him considerably and he was very nervous the rest of the evening, he shook and trembled. He says "Mr. Darley I just

Visible Translated Text Is As Follows: me and sent for me one time. The first time I went there, ChiefLanford, Mr. Dorsey, Mr. Stephens and the stenographer wasthere. They all asked me questions, one would ask me aquestion and before I got that answered, another would ask mea question. The next time I went there, Mr. Dorsey, Mr. Starnes,Mr. Campbell and the stenographer were there. Mr.Dorsey did all the questioning this time. When Mr. Frankwas engaged on his work in the factory he was very intent onhis work, very earnest and industrious. I don't think a daypassed at the factory

Visible Translated Text Is As Follows: cloudy most of the day. It was dark there around the elevatoron the first floor and we had big heavy boxes piled up there.One of them must have been almost as large as a piano box. Ifa man got between those boxes, we would have had to hunt tofind him. It is very dark on the second floor between theclock and the metal room. It is dark behind the ladies dress-ing room and on the side next to the ladies toilet. As you goto the stairs from the metal room, it is very dark.

Visible Translated Text Is As Follows: 57"Yes." I then asked her how was her father, and she said,"My father is dying, I think". Then she spoke to me aboutgetting some assistance from the office for burial expenses,and she commenced to cry and I walked down the steps with herto the front door. That was about 9:30. Mr. Frank stayed atthe factory until 9:40, when we left together. We went on upto the corner of Hunter and Forsyth, took a drink of sodawaterat Cruickshank's at the corner of Forsyth and Hunter. He leftme then and started towards Montag's. That's the last

Visible Translated Text Is As Follows: sheet). There are 24 itemized items, and the word "jobs" impliesI don't know how many different kind of jobs. There are24 different kind of pencils. He puts them there as having beenproduced that week. He got the reports as to the quantity ofeach kind of pencil and had to tabulate all those reports andarrive at the total of each kind. No, I don't think he had tofigure out the cost of production of each kind, but he figuresthe quantity of each kind of pencil and shows its value on thesheet. Starnes and Black and

Visible Translated Text Is As Follows: is cheap lead or good lead. The 2765 1/2 means 2765 1/2gross. Further on down you find the different items that makeup that figure under the head of wrappers, leads, tips, etc.The next figure is under rubber, 720 gross at 6 1/2 ₵. Thosefigures come from the plugging department or he can get themfrom the goods as they are delivered to the packing room, byknowing the styles and numbers, you can tell whether it is atipped or untipped pencil. You get that from the shippingroom and the other from the metal room. He arrives

Visible Translated Text Is As Follows: factory; the production of the following different kinds of pencils that were produced. There are perhaps 75 or 80 different kinds, besides the special imprint pencils. Mr. Frank had to get all the data from the various departments of the factory, particularly the packing room. The cost of production was estimated most of the time as to the merchandise. The other figures were real figures. Merchandise is bought by the month and he had to figure it up at the end of the month to get the average. To arrive at the profit that

Visible Translated Text Is As Follows: no blood spots on 1t. I don't think anybody could answerhow many strands of hair Barrett found. They were woundaround the lever. I don't think there were over 6 or 8 at theoutside. It was pretty hard to tell the color. It is myunderstanding that Barrett has been doing most of the discover-ing done in the building. He has lost quite some time sincethe murder, and buys quite some extras and reads them. Thewhite stuff particularly hid the spots. It looked like therehad been an attempt to hide them, but you could see the

Visible Translated Text Is As Follows: murder was committed in the basement. Mr. Frank stated thatit looked easy for the staple to be pulled out and Iagreed with him, because the staple looked black and it lookedto me as if it had been pulled out before. On Monday Mr.Frank explained about why he was nervous on Sundaymorning. I heard him speak of the murder numerous times.When we started down the elevator Mr. Frank was nervous,shaking all over. I can't say positively as to whether hiswhole body was shaking or not, but he was shaking. Newt Leeseemed to be composed when

Visible Translated Text Is As Follows: Saturday morning and the fact that I moved those planks makes me know that I left the elevator unlocked. The elevator makes a good deal of noise when it starts and when it stops.RE-DIRECT EXAMINATIONI was on the second floor when all of these people came in the factory. Mr. Frank worked on his books until he got ready to go to Montags. I think it was about an hour. I checked freight with a one-legged draymen about 10:30, his wagon was right in front of the door.N. V. DARLEY, sworn for the State.My

Visible Translated Text Is As Follows: that was discovered in the building, hair, blood, and pay envelope. That is what he said to me, I have never seen Mr. Frank speak to Mary Phagan. I was at the factory at 6:30 Saturday morning. I was the first man that got there. Denham and White came in about 7 o'clock and went up on the fourth floor. They were doing some work up there. I had to saw that plank for them. They told me that I would take them until about 8 o'clock. The office boy, Alonzo Mann, 13 or

Visible Translated Text Is As Follows: ing. Anybody could have walked from the fourth floor tothe second floor all day long; there was no obstruction. Aman at the stairway on the third floor can see the secondfloor in front of the clock. The front doors were unlockedall the morning and they were still unlocked when I left.When Mr. Denham and Mr. White asked me to saw some timber forthem that morning, I went and got the key and unlocked themotor that runs the elevator. I left it unlocked after that.Anybody could have started the elevator running then by throw-ing in

Visible Translated Text Is As Follows: end out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that plank for them but when I left it was un- locked. I looked it Friday night when I left there. But I went off from there Saturday and forgot to lock it. When I made that

Visible Translated Text Is As Follows: paint back in bottles. Of course if a bottle would breakthe paint would get all over the floor. The white stuffthere didn't hide the red at all. You could see it plainly.RE-DIRECT EXAMINATIONThe pencils are painted on the third floor. There isn'tany paint used at all in the factory only in the polishingroom, except on the third floor.B. B. HASLETT, sworn for the state.I went to Mr. Frank's house Monday morning after themurder about 7 o'clock. I went out there and got him andtook him to the station house. He was at the station

Visible Translated Text Is As Follows: Next to the ladies' closet they are a lot of different things, mineral paints, barrels, etc, all sorts of things. That's part of the metal room where they are kept. I swept clear up to the doors of the toilets and clear up to the paint shop. It wasn't my duty to sweep where the machines are and where Mary worked but I did sweep there anyhow. I have done that several times before. There were paint spots in several different places up there when I swept up Friday. These blood spots were right

Visible Translated Text Is As Follows: in the metal department, then I suggested to search right away;that was the only spot I could tell I could tell it wasblood by looking at it. I can tell the difference betweenblood and other substances. I found the hair some few minutesafterward--about 6 or 8 strands of hair and pretty long.When I left the machine on Friday I left a piece of work inthere. When I got back the piece of work was still there, Ithad not been disturbed. The machine was in the same positionin which I left it Friday night. There

Visible Translated Text Is As Follows: factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear--6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white substance had been wiped over it. We kept potash and haskolene, both white substances, on this floor. This white stuff was smeared over the spots. It looked like it had been smeared with a coarse broom. There was a broom on that floor, leaning up against the wall.

Visible Translated Text Is As Follows: 48in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it was five minutes after twelve and it was ten minutes after twelve when I started out. I had never been in his office before. The door to the metal room is sometimes open and sometimes closed.CROSS EXAMINATION.I didn't look at the clock to see what time

Visible Translated Text Is As Follows: mention his hanging his head. He always work with thepolice on criminal cases. No, I did not testify before theCoroner about any white stuff having been smeared over thesesupposed blood spots. I am not sure whether I got the state-ment about Mary Phagan being familiar with Gantt from Mr.Darley or Mr. Frank. Mr. Frank was present at the time. Mr.Frank told me when the little girl asked if the metal hadcome back that he said "I don't know." It may be true that Iswore before the Coroner that in answer to that question fromMary

Visible Translated Text Is As Follows: took place shortly after midnight, Wednesday, April 30. On Monday afternoon, Frank said to me that the first punch on Newt Lee's slip was 6133 P.M. and his last punch was 3 A.M. Sunday. He didn't say anything at that time about there being any error in Lee's punches. Mr. Black and I took Mr. Frank into custody about 11:30 A.M. Tuesday, April 29th. His hands were quivering very much, he was very pale. On Saturday May 3, I went to Frank's cell at the jail with Black and I asked Mr. Frank if

Visible Translated Text Is As Follows: and I saw white smeared where the chips had been cut out andthere were also some dark spots over the chipped out places.It was just as though somebody had taken a cloth and rubbedsome white substance around in a circle, about eight inchesin diam eter. This white stuff covered all of the dark spots.I didn't note any unusual sign of nervousness about Frank inhis office. There wasn't any trembling or anythingof that sort at that time. On Tuesday night, April 29, BlackMr. Frank and myself were together and Mr. Black told Mr.Frank that he

Visible Translated Text Is As Follows: been found. From there we went down and examined the time clock and went through the south aisle and down the ladder into the basement, where I was shown that everything had been found. As to Mr. Frank's manner and deportment at the time we were in his office, he seemed to be perfectly natural. I saw no signs of nervousness. Occasionally between words he seemed to take a deep breath and deep sighs about four or five times. His eyes were very large and piercing. They looked about the same they do now.

Visible Translated Text Is As Follows: out of the factory, as far as he knew, but on the way out, Mrs. White made the statement that she had seen a negro on the street floor of the building behind the boxes, and Mr. Frank stated that at 1:10 P.M. he left the factory for home to go to luncheon; he arrived at the factory again at 3 P.M., went to work on some financial work and at about four o'clock, the night watchman reported for work, as per Mr. Frank's instructions the previous day; that he allowed Newt Lee to

Visible Translated Text Is As Follows: tors of this company and myself have had a conference andthought that the public should demand that wehave an inves-tigation made, and endeavor to determine who is responsiblefor this murder," and Mr. Frank then said he had just comefrom police barracks and that Detective Black seemed to sus-pect him of the crime, and he then related to me his move-ments on Saturday, April 26th, in detail. He stated that hearrived at the factory at 8 A.M., that he left the factorybetween 9:30 and 10 with Mr. Darley for Montag Bros. for themail, that he

Visible Translated Text Is As Follows: five blocks from the factory. I got there a few minutes after one. Mr. Frank told Mr. White if I wanted to get out before 3 o'clock, to come on down because he was going to leave and lock the door, that I had better be ready to go as soon as he got his coat and hat. I went on out and as I passed he was sitting in the outside office writing at a table. As I was going on down the steps I saw a negro sitting on a box close

Visible Translated Text Is As Follows: said, "Well, I have a pair of black ones here too," and hekind of studied a little bit, and said "go ahead withhim and stay with him until he gets his shoes," and I wentup there and found both pair right where I had left them- Mr.Frank looked pale and nervous and kind of hesitated andstuttered like he didn't like me in there somehow or other.CROSS EXAMINATION.I testified at the coroner's inquest. I admit I did nottestify about Frank's knowing Mary very well there, that hasbeen recalled to my mind since I was arrested

Visible Translated Text Is As Follows: not told him her name. I used to know Mary when she was a littlegirl, but I have not seen her up to the time I went towork for the factory. My work was in the office and she workedin the rear of the building on the same floor in the tip depart-ment. After I was discharged, I went back to the factoryon two occasions. Mr. Frank saw me both times. He made noobjection to my going there. One girl used to get pay envelopesfor another girl with Mr. Frank's knowledge. There was an

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATIONMr. Frank had told me that he didn't think Newt Lee had told all he knew about the murder. He also said after looking over the time sheet and seeing that it hadn't been punched cor rectly that that would have given Lee an hour to have gone out to his house and back. I don't know when he made this last statement. I don't remember whether that was before or after I went out to Lee's house and found the shirt. It was after Mr. Frank told me about the skips in

Visible Translated Text Is As Follows: When I said that Mr. Frank was released I spoke before I thought. I retractedit on cross-examination. I don't know that Mr. Roaser was at the police station between 8 and 8:30 Monday morning, I said that to the best of my recollection. I wouldn't swear Mr. Rosser was there. I heard Mr. Rosser say to Mr. Frank to give them a statement without a conference at all between Mr. Frank and Mr. Rosser. I said that we wanted to have a private talk with Mr. Frank without Mr. Rosser being present. I wanted

Visible Translated Text Is As Follows: could tell by going over to the factory and looking at his oashbook. At the Pencil factory Mr.Frank took the slip out,lookedover it and said it had been punched correctly. On Monday or Tues-day following Mr.Frank stated that the clock had been mispunchedthree times. This slip was turned over to Chief Lanford on Monday.I saw Mr.Frank take it out of the clock and went back with it to-ward his office. I don't know of my own personal knowledge that itwas turned over to Chief Lanford Monday. When Mr.Frank was downat police station on Monday

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

Visible Translated Text Is As Follows: year in the same department and I never saw Mr. Frank speak to Mary Phagan or Mary Phagan speak to Mr. Frank. When Mr. Frank came through the metal department he never spoke to any of the girls; just went through and looked around. The three times Mr. Frank spoke to me were as follow. He was showing a man around and I was laying on my arm mighty near asleep and he says you can run this machine asleep can't you, and I said, "Yes, sir." Then another time I asked him for

Visible Translated Text Is As Follows: When the face was turned towards me, Mr. Frank stepped out of my vision in the direction of the cheseling's sleeping room.MISS GRACE HICKS, Sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertakers Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machinewas right

Visible Translated Text Is As Follows: to them and Mr. Gheesling was looking straight across the body at them. Mr. Frank had no difficulty in unlocking the safe when we went back to the factory. The elevator we went down on is a freight elevator, makes considerable noise. It stops itself when it gets to the bottom. I don't think it hits the ground. She was lying on her face with her hands folded up. Her face was turned somewhat toward the left wall. A bruise on the left side of her head, some dry blood in her hair. One

Visible Translated Text Is As Follows: and the piece of undershirt was broke me her hair mouth. The cord around her neck was drawn so tight it was sunk in her flesh. I don't know whether Mr. Frank went upstairs or not after we reached his house. I think he called to his wife to get him his collar and tie. He got his coat and vest some place, but I don't know where. At the time Mrs. Frank was calling Mr. Darley, Mr. Frank was putting on his collar and tie down in the reception hall. We were at

Visible Translated Text Is As Follows: keys out, unlocked the door of the right hand clock and lifted out the slip, looked at it and made a remark then the slip was punched correctly. Mr. Darley and Newt Lee was standing there at the time Mr. Frank said the punches had been made correctly. Mr. Frank then put in a new slip, closed the door, locked it and took his pencil and wrote on the slip that he had already taken out of the machine, "April 26, 1913." I looked at the slip that Mr. Frank took out (Defendant's Exhibit

Visible Translated Text Is As Follows: to get her pay." He said, "I will tell you about the exact timeshe left here. My stenographer left about twelve o'clock, anda few minutes after she left, the officeboy left and Mary camein and got her money and left." He said she got $1.20 and heasked whether anybody had found the envelope that the moneywas in. Frank still seemed to be nervous like the first timeI seen him. It was just his quick manner of stepping aroundand his manner of speech like he had done at the house thatindicated to me that he

Visible Translated Text Is As Follows: 19he came through the curtains. He seemed about briskly. He asked questions in rapid succession, but gave plenty of time between questions to have received an answer. Mr. Frank and Mr. Black got on the rear seat and I took the front seat and as I was fixing to turn around, one of us asked Mr. Frank if he knew a little girl by the name of Mary Phagan. Mr. Frank says: "Does she work at the factory?" and I said, "I think she does." Mr. Frank said, "I cannot tell whether or not

Visible Translated Text Is As Follows: W. W. ROGERS, sworn for the State.18I am now connected with Judge Giredean's court. I was at the station house Saturday night, April 26th, and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you will come I will send an automobile after you." It took us five or six minutes to get out to Mr. Frank's residence at 68 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened

Visible Translated Text Is As Follows: door which looked like they had bloody finger prints. I don't know when Frank was arrested. I don't think he was arrested on Monday. He was asked to come to the station house on Monday. It takes not over three minutes to walk from Marietta Street at the corner of Forsyth Street across the viaduct and through Forsyth Street down to the pencil factory. Lee was composed at the factory; he never tried to get away. The door to the stairs from the office floor to third floor was barred when I first went

Visible Translated Text Is As Follows: The staple on the back door looked as if it had been pried out with a pipe pressed against the wall. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he hadn't had any breakfast. He asked where the night watchman was. I told him it was very necessary for him to come and if he would come I would send an automobile for him, and I asked

Visible Translated Text Is As Follows: to see whether Newt Lee could have seen the body from where hestood. We placed a bulk about the size of an ordinary bodyabout the same position that this body was found in and you couldsee the bulk of the body by looking carefully by standing at thespot Newt Lee said he had seen it. A man couldn't get down thatladder with another person. It is a difficult matter for oneperson to get through the scuttle hole. The signs of dragging thatI saw was right at the bottom of the elevator shaft, on the

Visible Translated Text Is As Follows: 14enough of it to have seen what it looked like, coming up to it.I made an experiment in the day time to see whether he couldsee the body or not, and I found he could see the feet, youcould see the bulk. Unless he was looking directly for someoneI don't think he could see it. The place where I thought Isaw someone dragged was right in front of the elevator, directlyback. It began immediately in front of the elevator, right atthe bottom of the shaft. The hat was possibly nearer theelevator than the shoe.

Visible Translated Text Is As Follows: Found and identifies different parts of the building on the diagram. Witness states that diagram 1-A (State's Exhibit A) is a fair representation of the parts testified by him, i.e., main floor and stairs, basement, boiler, partition in basement, spot where body was found, and of the entire building.CROSS-EXAMINATIONWe arrived at the factory about 3:30. Lee told us it was a white woman. It took us some time to determine whether it was a white woman or not. We didn't know until the dust was removed from her face and we pulled up the

Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and wefound the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece

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

Visible Translated Text Is As Follows: 10was down in the closet I had to go at least ten feet to see whether or not there was any fire in the dust bin. I would have gone further if I hadn't discovered the body. When I saw the body, the closest I ever got to it was about six feet. I was holding my lantern in my hand. I just saw the feet. When I first saw it I was about ten feet from it. As to how far the body was from where I was sitting in the closet, it

Visible Translated Text Is As Follows: between the body and the door, it was dark back there. Thebody was about sixty feet from that door. If the back door hadbeen open I could have seen that big light back there in thealley. The back door was closed when I found the body. Thefirst time I went down the basement that night was seveno'clock. I went just a little piece beyond the dark, so I couldsee whether there was any fire down there. That's what I waslooking for. Yes I could tell whether the door was open fromthere. No, I didn't

Visible Translated Text Is As Follows: 8a difficulty and I knew that Mr. Frank didn't want him inthere. Mr. Frank had told me "Lee, I have discharged Mr. Gantt,I don't want him in here, keep him out of here," and he hadsaid, "when you see him hanging around here, watch him." Thatis the reason I thought Mr. Frank was startled when he saw Mr.Gantt. Mr. Gantt is a great big fellow, nearly seven feet.When he went out I watched him as he went to the beer saloonand I went on upstairs. He left the factory about half pastsix. I went

Visible Translated Text Is As Follows: before the coroner that he had been given one of the pair of shoes of Mr. Gantt to one of the boys, they got that wrong. On Saturdays I had to wake up usually and get to the factory at twelve o'clock. This time Mr. Frank told me to get back at four. I did say before the coroner that he was looking down when he came out of his office. I told them also that there was a place in that building where I could go to sleep, but they didn't ask me

Here is the extracted text from the image: 6and didn't say nothing while Mr. Darley was speaking to me.Boots Rogers, Chief Lanford, Darley, Mr. Frank and I were therewhen they opened the clock. Mr. Frank opened the clock and said -the punches were all right, that I hadn't missed any punches.I punched every half hour from six o'clock until three o'clock,which was the last punch I made. I don't know whether theytook out that slip or not. On Tuesday night, April 29th,at about ten o'clock I had a conversation at the station housewith Mr. Frank. They handcuffed me to a

Here is the extracted text from the image:---5lit it at six o'clock myself. On Saturdays I always lit it, but weekdays it would always be lit when I got there. On Saturdays I always got there at five o'clock. This Saturday he got me there an hour earlier and let me off later. There is a light in the basement down there at the foot of the ladder. He told me to keep that burning all the time. It has two little chains to it to turn on and turn off the gas. When I got there on making my

Here is the extracted text from the image: It took him twice as long this time than it did the other timesI saw him fix it. He fumbled putting it in, while I held thelever for him and I think he made some remark about he was notused to putting it in. When Mr. Frank put the tape in I punchedand I went on down-stairs. While I was down there Mr. Ganttcame from across the street from the beer saloon and says, "Newt,I got a pair of old shoes that I want to get upstairs to havefixed." I says, "I

Here is the extracted text from the image: on Saturday evenings I have to come at five o'clock. On Fridaythe 25th of April, he told me "Tomorrow is a holiday and Iwant you to come back at four o'clock." I want to get off alittle earlier than I have been getting off." I got to thefactory on Saturday about three or four minutes before four. Thefront door was not locked. I pushed it open, went on in and gotto the double door there. I was paid off Friday night at sixo'clock. It was put out that everybody would be paid

Here is the extracted text from the image: 2from Mary Phagan's home. I have known her about a year. Thelast time I saw her was Saturday morning going to town on theEnglish Avenue car. It was about ten minutes to twelve when Ifirst saw her. I left her about seven minutes after twelve atthe corner of Forsyth and Marietta Street. She had on that hat,transfer and things when I left her. She was going to the pencilfactory to draw her money. She said she was going to see theparade at Elkin-Watson's at two o'clock. She never showed up.I stayed around

Here is the extracted text from the image: INDEX #2 continued.Witnesses:Willett, T. H. D 262 O 262 RD 262 RQWord, Miss Lizzie - D 262 O 262 RD 262 RQWilson, Mrs. S. A. - D 262 O 262 RD 262 RQWestmoreland, Dr. Willis P. - D 242 O 242 RD 242 RQWeinrauf, Godfrey - D 262 O 262 RD 262 RQWood, H. - D 262 O 262 RD 262 RQWardlaw, Mrs. J. - D 261 O 261 RD 261 RQWolfheimer, Mrs. Hennie - D 164 O 164 RD 164 RQWright, Miss Maude - D 262 O 262 RD 262 RQWildsmer,

Visible Translated Text Is As Follows: INDEX #2 - continued.Witnesses:Nolurty, Miss Lena - 204 204Najor, Miss Marjorie - 218Novotny, Miss - 118 219Moonlight, Minola (colored) @ 176 177 177Moody, Gruman (colored) 206 206Neab, Phillip - 255Nix, C. A. - 211Nix, D. J. - 206 207Nix, H. C. - 196 196 196Owens, Dr. Wm. J. C. 281 224 227Olmstead, Dr. J. C. 245 246Osborne, Miss Annie 262Payne, Frank 207 208Papenheimer, Oscar 199 257Patmalee, Mrs. J. C. 211Patrick, J. B. 231Patterson, B. L. 211 190Park, Miss Mary 262Pirk, Miss Mary (recalled) 190Pride, Arthur (colored) 205 210 210 210Pollard, C. B. 161 161

Here is the extracted text from the image: Witnesses:INDEX #8 continued.Name D C RD RGHencook, Dr. Thomas - - 255 256Hatfield, Miss Willie - - 257 258Holloway, C. C. (recalled) - - - -Holmes, Miss Ida - - - -Holloway, A. C. - - 262 -Hays, Miss Ida - - 258 258Hays, Isaac - - 257 257Hunter, Joel C. - - 160 160Hays, Miss Velma - - 262 262Hall, Miss Hattie - - 164 164Harris, Mrs. A. L. - - 166 167Hall, Miss Cornithia - - 262 -Hall, Dr. A. L. - - 263 -Hall, Mrs. Fred - - 262

Visible Translated Text Is As Follows: Witness.Anderson, W. E.- 6670Barrett, H. P.- 4843Beavers, J. E.- 6969Black, John R.- 272931Coleman, Mrs. J. W.(Recalled)- 11Conley, James- 3194119Dalton, C. B.- 808082Duffy, J. E.- 5152124Ferguson, Miss Grace- 11131134Forrest,- 1131Gantt,- 666669Ghent,- 313272Grace,- 707070Holloway, E. F.(Recalled by defendant)- 797979Hurt, Dr. J. W.- 464750&51Jefferson, Mrs. Geo. W.- 737374Lassiter, R. M.- 454545Lee, Newt (colored)- 707071Monteen, Miss- 706768Nightinght, Albert (colored)- 676767Pergus, H. J.- 121-Rogers, L. W.- 162223Roser,- 808080Scott, Harry (recalled for state)- 347374Smith, Dr. Claude- 444444Stanford, Nell- 717171Stover, Miss Monteen- 151741Waggoner, Miss T.- 494969White, Mrs. J. A.(recalled for state)- 83121120STATE RESTS.TESTIMONY FOR DEFENDANTAdams, Miss Grace- 230231Anderson, A. H.- 227227Adler,

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Here is the extracted text from the image: to make it under the law. It is not made under oath and he is not sub-ject to examination or cross-examination. It is with you as to howmuch of it you will believe, or how little or it. You may go to theextent, if you see fit, of believing it in preference to the sworntestimony in the case.In the event, gentlemen, you have a reasonable doubt from theevidence, or the evidence and the statement together, or either :s tothe defendant's guilt as charged, then give the prisoner the benefitof that doubt and

Here is the extracted text from the image: the subject of the general character of the defendant, and it is forthe jury finally to determine from all the evidence whether hischaracter was good or bad. But a defendant is not to be convictedof the crime with which he stands charged, even though, upon a con-sideration of all the evidence, as to his character, the jury be-lieves that his character is bad, unless from all the other testimonyin the case they believe that he is guilty beyond a reasonable doubt.You will, therefore, observe that this is the rule you will beguided

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Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

Here is the extracted text from the image: doubt, one conjured up by the jury, but a reasonable doubt.Gentlemen, this defendant is charged with murder. murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.Express malice is that deliberate intention unlawfully to take away the life of a fellow-being, which is manifested by external circumstances capable of proof.Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an

Here is the extracted text from the image: STATE OF GEORGIAVS.LEO M. FRANK.MURDER.Fulton Superior Court.Trial: July 28 to Aug. 21, 1913.CHARGE OF THE COURT.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms, did unlawfully with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment found by

Here is the extracted text from the image: (ORDER OVERRULING MOTION.)After considering the above and foregoing motion and amendedmotion and affidavits submitted by the State the motion for anew trial is hereby overruled and denied.This October 31, 1913.L. S. Roan,Judge Superior Court Stone Mountain Circuit,Presiding.

Here is the extracted text from the image: Certificate of the Court.The recitals of fact contained in the original motion for newtrial, and in the one hundred and twelve grounds of the forego-ing amended motion for new trial (the same being all the groundsof said original and all the grounds of said amended motion) arehereby approved as true, and the court has identified all theexhibits and they are made part of said motion for new trial.Oct. 31st, 1913.L. B. Roan,J. S. C. St. Mt. Ct.Filed in office this Oct. 31, 1913.John H. Jones, Deputy Clerk.

Here is the extracted text from the image: J. J. Nunnally and Virgil Harris, dealers in buggies, wagons andlive stock. Also Vice President W. H. Nunnally Co., generalsupplies and merchandiseJ. J. NunnallyGeorgia Walton County.Before me personally appeared J. J. Nunnally who, beingfirst duly sworn true answers to make to the above and foregoingwritten questions, answered same as above set forth, saidanswers executed, sworn to, and subscribed before me this Sept.27th, 1913.Clifford Walker.Notary Public Walton County, Ga.2.857

Here is the extracted text from the image: 6 (Q). Did you hear A.H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?(A). Yes, he believed him guilty.6. (Q). Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence and hearing, say he thought Leo M. Frank was guilty of the murder of Mary Phagan; if so, did he state it positively and firmly; how did he make the statement? Give his

Visible Translated Text Is As Follows: positively and firmly, how did he make the statement?Give his language as well as you recollect it; if you do not recollect his language, what was the tenor of it?(A).Yes, he was bitter.7.(Q).Did you hear A. H. Henslee, of Monroe, Ga., between said dates, say anything about what the jury that tried Leo W. Frank for the murder of Vary Phagan would do if that Jury did its duty; if so, what did he say, giving his language as nearly as you can recollect it, and if you cannot recall the exact language, state

Here is the extracted text from the image: Georgia Fulton County.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.Written questions to be propounded to J. J. Nunnally, Esq.W. L. Ricker, Esq. Virgil Harris, Esq., andresidence Monroe, Walton County, Ga.1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1913, and particularly the like-ness in said clipping of A. H. Henselee?(A). Yes I have.2. (Q). Do you know A. H. Henselee?(A). I do.3. (Q). Do you recall whether or not A. H. Henselee was inMonroe, Georgia, between the time of the murder of Mary Phagan,as

Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.To the Honorable Clerk of the Superior Court ofWalton County, Georgia.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case,judgment was passed by the Court, and a motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on October 4th, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in MonroeWalton County, Georgia, to-wit: J. J. Nunnally,

Here is the extracted text from the image: Georgia, Fulton County.Personally appeared O. P. Stough who having been duly swornmade answer as above indicated and sworn to the foregoing writtenquestions 1 - 6 inclusive said answer executed, sworn to andsubscribed before me this Sept. 29th, 1913.Sig. Teitelbaum,Not. Pub. Fulton County, Ga. and Commissionto take testimony.Rory Judge

Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, Vs.Leo M. Frank.In Fulton Superior Court.Written questions to be propounded to C. P. Stough, a witnessfor the defendant in the motion for new trial pending in saidcase, set for hearing October 4, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.1. Q. Do you know A. H. Henslee, who served on the jury inthe above stated case at the trial commencing July 28, 1913?A. Yes.2. Q. How long have you known him?A. About 6 or 7 years.3. Q. During the time between the murder of Mary

Here is the extracted text from the image: The foregoing application read and considered. It is orderedthat Sig Teitlebaum, act as Commissioner in said case, inaccordance with Section 5818 of the Code of Georgia of 1910.This Sept., 28th, 1913.Geo. L. Bell,Judge of Superior Court, Atlanta Circuit.

Here is the extracted text from the image: EXHIBIT-LL.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.To the Honorable George L. Bell, Judge of the Fulton SuperiorCourt:This application is presented to the Court by Leo M.Frank, the defendant in the above stated case; and shows to theCourt the following facts:The above stated case of the State of Georgia, Vs. Leo M.Frank, indictment for murder, has been tried, a verdict found,and this defendant sentenced; and a motion for a new trial insaid case is now pending before Honorable L. S. Roan, Judge ofthe Stone Mountain Circuit, and hearing set