Leo Frank TV

Visible Translated Text Is As Follows: "On Saturday morning, April 26, 1913, Mr. Frank left home about eight o'clock, and Albert, my husband, was there Saturday, too. Albert got there I guess about a quarter after one and he was there when Mr. Frank come for dinner, which was about half-past one, I think. When Mr. Frank come back to the house at seven o'clock that night, and Albert was there when he got there. Albert had gone home that evening but he come back. I don't know what time he got there, but he come sometime before Mr. Frank

Visible Translated Text Is As Follows: STATE'S EXHIBIT D.Rag that was found around Mary Phagan's neck, with blood on it. White piece of cloth, soiled. Looked as if it was a piece torn off from petticoat.STATE'S EXHIBIT E.Four or five chips of wood, with red splotches on them, chipped up from the second floor of the National Pencil Company factory in front of ladies' dressing room.STATE'S EXHIBIT F.Shirt found by detectives in trash barrel at Newt Lee's home. Shirt was very bloody; blood was on both sides of shirt and high up on arm-pits on the inside.STATE'S EXHIBIT G.Jar containing

Visible Translated Text Is As Follows: I was looking for to come in, and that was the night watchman. He got there at 20 minutes to four. I had previously arranged with him to get there. On Friday night I told him, after he got his money, to give him the keys and I said, 'You had better come around early to-morrow because I may go to the ball game,' and he came early because of that fact; I told him to come early and he came 20 minutes to 4. I figured that I could leave about 1 o'clock

Visible Translated Text Is As Follows: STATE'S EXHIBIT B.Frank's statement made before N. A. Lanford, Chief of Detectives, on Monday morning, April 28, 1913, this statement being unsigned:-"I am general superintendent and director of the National Pencil Company, in Atlanta. I have held that position since August 10, 1908. My place of business is at 37 to 41 S Forsyth St. We have about 107 employees in that plant, male and female. I guess there are a few more girls than boys. Saturday, April 26th, was a holiday with our company and the factory was shut down. There were several

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Visible Translated Text Is As Follows: 242MISS C. S. HAAS, sworn for the Defendant, in sur-rebuttal.I heard Kendley two weeks ago talk with the Frank case so loud that the entire street car heard it. He said that the substantial evidence was the best kind of evidence to convict a man on, and if there was any doubt, the State should be given the benefit of it, and that 90 per cent. of the best people in the city, including himself, thought that Frank was guilty and ought to hang.N. SINKOVITZ, sworn for the Defendant, in sur-rebuttal.I am a pawnbroker.

Visible Translated Text Is As Follows: 241choloric acid of thirty-two degrees, the emptiness of the small intestine, the presence of starch granules, and the absence of free hydrochloric acid, one can't say positively, but it is reasonable to assume that digestion had progressed probably an hour, maybe a little more, maybe a little less.CROSS EXAMINATIONDr. Dorsey asked me to examine the sections of the vaginal wall last Saturday. The sections I examined were about a quarter of an inch wide and three-quarters of an inch long. It was about nine-twenty-five thousandths of an inch thick, that is, much thinner than

Visible Translated Text Is As Follows: tion stops until the contents get out in the intestines and become alkaline in reaction; then the starch digestion is continued on beyond. The alfactories act as a stimulant to the salivary glands.240DR. JOHN FUNK, sworn for the State in rebuttal.I am professor of pathology and bacteriologist—I was shown by Dr. Harris sections from the vaginal wall of Mary Phagan, sections taken near the skin surface. I didn't see sections from the stomach or the contents. These sections showed that the epithelium wall was torn off at points immediately beneath that covering in the

Visible Translated Text Is As Follows: There are idiosyncracies in a normal stomach, and where they are too marked I would not consider that a normal stomach. I wouldn't say that there is a mechanical rule where you can measure the digestive power of every stomach for every kind of food. There is a set time for every stomach to digest every kind of food within fairly regular limits, that is, a healthy stomach. There is a fairly mixed standard. There is no great amount of variation between healthy stomachs. I can't answer for how long it takes cabbage to

Visible Translated Text Is As Follows: 237CROSS EXAMINATION.The bruises on the head, the evidence of strangulation and other injuries about the head are other possible factors which must be taken into consideration. Anything which disturbs the circulation of the blood, or hinders the action of the nerves controlling the stomach, especially the secretion, prevents the development of the characteristics found in normal digestion one hour after a meal. I mean by mechanical condition of the stomach, no change in the size or thickness, or opening into the intestines, or size or thickness of intestines. The test should be made with

Visible Translated Text Is As Follows: from Dorsey's office and put her in a patrol wagon. I expect Mr. Dorsey knew we were going to lock her up, but he did not tell us to do it. No, he didn't disapprove of it. I didn't know anything about her having made a previous statement to Mr. Dorsey. I think Mr. Dorsey said she had made such a statement. I saw her the next day in the station house. She didn't scream after leaving Dorsey's office until she reached the sidewalk. And then she commenced hollering and carrying on that she

Visible Translated Text Is As Follows: I was ten feet from the woman. I didn’t notice very particularly: I did not speak to them.W. T. HOLLIS, sworn for the State in rebuttal.Mr. Reed rides out with me every morning. I don’t remember talking to J. D. Reed on Monday April 29, and telling him that George Epps and Mary Phagan were on my car together. I didn’t tell that to anybody. I say like I have always said, that if he was on the car I did not see him.J. D. REED, sworn for the State in rebuttal.Mr. Hollis told

Visible Translated Text Is As Follows: HARRY SCOTT, sworn for the State in rebuttal.I picked up cord in the basement when I went through there with Mr. Frank. Lee's shirt had no color on it, except blood that of blood. I got the information as to Conley's being able to write from MoWorth when I returned to Atlanta. As to the conversation Black and I had, with Mr. Frank about Darley, Mr. Frank said Darley was the soul of honor and that we had the wrong man; that there was no use in inquiring about Darley and he knew Darley

Visible Translated Text Is As Follows: 283negro coming from a dark alley way, and I asked him for the office and he told me to go to the second floor and turn to the right. I saw Conley this morning. I am not positive that he is the man. He looked to be about the same size. When I went to the office the stenographer was in the outer office. Mr. Frank was in the inner office sitting at his desk. I went there to get my step-son's money.E. K. GRAHAM, sworn for the State in rebuttal.I was at the

Visible Translated Text Is As Follows: I 232ahead. I know Matthews, the motorman. I have ridden in with him when he was ahead of time several times.CROSS EXAMINATION.It is against the rules to come in ahead of time, and also to come in behind time. They punish you for either one.W. M. MATTHEWS, sworn for the State in rebuttal.I have talked with this man Dobbs (W. C.) but I don't know what I talked about. I have never told him or anybody that I saw Mary Phagan get off the car with George Epps at the corner of Marietta and

Visible Translated Text Is As Follows: 23112:07 1-2. I have been on his car when the cut off the Fair St. car. Fair St.car is due at 12:05. I have compared watches with him. They vary from 20to 40 seconds. We are supposed to earn our right time. I have calledMatthews attention to running ahead of schedule once or twice. They comein ahead of time on relief time for supper and dinner.CROSS EXAMINATION.I don't know anything about his coming on April 26th. We found out hewas ahead of time way along last March. He was a minute and a half

Visible Translated Text Is As Follows: 230ton and Forsyth St. exactly twelve o'clock as I went straight on down there.It took me three or four minutes to go there.CROSS EXAMINATION.I know what time it was because I looked at my watch. First time Itold it was a week ago last Saturday, when I told an officer. I didn't tell itbecause I didn't want to have anything to do with it. I didn't consider itas a matter of importance until I saw the statement of the motorman of thecar she came in on, and I knew that was wrong. She was

Visible Translated Text Is As Follows: 2290CROSS EXAMINATION.Dr. Harris' reply is not entered on the minutes. The reply of the Board to the charges is on the minutes.J. H. HENDRICKS, sworn for the State in rebuttal.I am a motorman for the Georgia Railway & Electric Company. On April 26 I was running a street car on the Marietta line to the Stock Yards on Decatur St. I couldn't say what time we got to-town on April 26, about noon. I have no cause to remember that day. The English Avenue car, with Matthews and Hollis has gotten to town prior

Visible Translated Text Is As Follows: 227her as a witness. I was in Mr. Dorsey's office only one time about this matter, the same morning I started out to see if I could get her and I went to see Mr. Dorsey about getting her out. Her husband had her either out of jail and I went to see Mr. Dorsey about getting her out with the first she denied it. I questioned her for something like two hours. I didn't know she had already made a statement about the truth of the transaction. Mr. Dorsey didn't read it to

Visible Translated Text Is As Follows: about the payment of the cook. I don't remember what questions I asked her at that time, I was her attorney. I didn't go down there to examine her; I went there to get her out. She and Campbell were in and out of the room during the time. Mr. Starnes and I sat on the outside part of the time. I don't know who was in the room and who was not while I was outside.ALBERT McKNIGHT, sworn for the State in rebuttal.This sideboard (defendant's exhibit 63) sets more this way than it

Visible Translated Text Is As Follows: you would not let her go because you would get in bad with the detectives, and you advised me to take out a habeas corpus, which I did. The detectives said they couldn't let her go without your consent. You said you didn't have anything to do with locking her up. You said to whether Minola McKnight did not sign this paper freely and voluntarily (State's exhibit J), it was signed in my absence while I was at police station. When I came back this paper was lying on the table signed. That paper

Visible Translated Text Is As Follows: 224in there. I don't remember who called her Mary Phagan, a young man on the fourth floor told me her name was Mary Phagan. I don't know who he was. I didn't know anybody in the factory. I can't describe any of the girls. I don't know a single one in the factory.W. P. MERK, sworn for the State in rebuttal.I have been a motorman for about three years, in the employ of the Georgia Railway & Electric Company. I know Daisy Hopkins. I have met her at the corner of Whitehall and Alabama,

Visible Translated Text Is As Follows: 228MISS MYRTICE CATO, MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson go into the ladies dressing room on the fourth floor with Leo M. Frank two or three times during working hours; that there were other ladies working on the fourth floor at the time this happened.J. E. DUFFY, sworn for the State in rebuttal.I worked at the National Pencil Company. I was hurt there in the metal department. I was cut on my forefingers on the left hand. That is the cut right around there

Visible Translated Text Is As Follows: 222ployed at the National Pencil Company, and worked at the factory for a period varying from three days to three and a half years; that Leo M. Frank's character for lasciviousness was bad.MISS MAMIE KITCHENS, sworn for the State in rebuttal.I have worked at the National Pencil Company two years. I am on the fourth floor. I have not been called by the defense. Miss Jones and Miss Howard have also not been called by the defense to testify. I was in the dressing room with Miss Irene Jackson when she was undressed. Mr.

Visible Translated Text Is As Follows: MRS. M. W. CARSON, MARY PIRKERS, DORA SMALL, MISS JULIA FUSS, R. P. BUTLER, JOE STELKER, all sworn for the defendant, testified that they were employees of the National Pencil Company; that they knew Leo M. Frank and that his general character is good.-EVIDENCE IN REBUTTAL FOR STATE.-J. R. FLOYD, R. M. GODDARD, A. L. GODDARD, N. J. BALLARD, HENRY CARE, J. S. RICE, LEW SMITH, all sworn for the State, testified that they knew Daisy Hopkins; that her general character for truth and veracity was bad and that they would not believe her

Visible Translated Text Is As Follows: CROSS EXAMINATION.I work at Jacobs' Pharmacy. My sister used to work at the pencil factory. I don't remember any occasion when Mr. Frank came in the dressing room door while Miss Irene Jackson and her sister were there.MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT and MRS. ELLA THOMAS all sworn for the Defendant, testified that they were employees of the National Pencil Company; that Mr. Frank's general character was good; that Conley's general character for truth and veracity was bad and that they would not believe him on oath.MISSES MOLLIE BLAIR, ETHEL STEWART, CORA

Visible Translated Text Is As Follows: the fourth floor is a mere room in which the girls change their outer clothing. There was no bath or toilet in that room, and the two windows opening onto the street. There was no lock on the door, and I never went into that room at any hour when the girls were dressing. These girls were supposed to be at their work at 7 o'clock. Occasionally I have had reports that the girls were flirting from this dressing room through the windows with men. It is also true that sometimes the girls would

Visible Translated Text Is As Follows: 217-night was the time they chose to talk to me, but even at such an outlandish hour I was still willing to help them, and at the investigation I spoke to Newt Lee alone, but what was the result? They commenced and they grilled that poor negro and put words into his mouth that I never said, and twisted not alone the English, but distorted my meaning. I just decided then and there that if that was the line of conduct they were going to pursue I would wash my hands of them. I

Visible Translated Text Is As Follows: 216Black says: "Now put it strong to him, and tell him to cough up and tell all he knows about him that you are here and that he is here and that he better open up and tell all he knows about happenings at the Pencil Factory that Saturday night, or you will both go to hell." Those were the detective's exact words. I told Mr. Black I caught his meaning, and in a few minutes afterwards Detective Starnes brought up Newt Lee from the cell room. They put Newt Lee into a room

Visible Translated Text Is As Follows: and my arms. I suppose he was trying to hunt when he could find any scratches. I stayed in there until about 12 o'clock when Mr. Rosser came in and spoke to the detectives, or to Chief Beavers. He was talking with Chief Beavers he came over to me and said that Chief Beavers thought it better that I should stay down there. He says: "He thinks it better that you be detained at headquarters, but if you desire, you don't need to be locked up in a cell, you can engage a supernumerary

Visible Translated Text Is As Follows: Mr. Montag to find out if those rates were satisfactory. He phoned back the answer that he would engage them for a few days at any rate. Mr. Scott then said: "Well, I don't need anything else and he says "The Pinkertons in this case, according to their usual custom in ferreting out the perpetrator of this crime will work hand in hand with the city officers." I said: "All right, that suits me." And he went on his way. About that time my father-in-law joined the group over in front of the factory

Visible Translated Text Is As Follows: stated that I was being detained at headquarters, it would be best to let myuncle, who was ill, and who is an elderly man, being over 70 years of age,and who was on the point of taking a trip to Europe, and I didn't want himto be unnecessarily alarmed by seeing in the papers that I was detained, andI wrote a telegram to Mr. Adolph Montag informing him that I was no longerin custody, that I was all right, and that he could communicate that to myuncle. That was so that my uncle should

Visible Translated Text Is As Follows: posed largely of soap and oil, and that floor, by actual experiment, is covered to a thickness varying from a quarter to a half inch, that is, you can scrape away that much before you get down to the natural color of the wood; moreover, on top-of-that-grease-soaked-floor-the-dirt more or less-and then somebody comes along with a water sprinkler and sprinkles it to sweep it up, and they go over the top of that; it don't sink into the floor, and the result is there is coat after coat of grease and dirt on that

Visible Translated Text Is As Follows: loway was out in his place in the hall, and Mr. Stelker and Mr. Quinn and Mr. Ziganke, these foremen were sitting around there because work had shut down there, as they told me, due to the fact that the plant was wholly demoralized, the girls were running into hysterics, they couldn't stick to their work, they were crying and going on over what had happened there. I spoke to the boys who were there in the office about the happenings of that morning, of course, at more or less length. Then Mr. Quinn

Visible Translated Text Is As Follows: 210parently having a sort of conversation, and I overheard Mr. Rosser say: "Why, it is preposterous, a man who would have done such a deed must be full of scratches and marks and his clothing must be bloody." I imagine Mr. Rosser must have had an inkling that they were suspicious of me, and as soon as I heard that, I turned and jumped up and showed them my underclothing and my top shirt and my body. I bared it to them all that came within the range of their vision. I had everything

Visible Translated Text Is As Follows: 209Chief Lanford wanted to ask you a few questions about it," and I said:"What did Newt Lee say;" "Well, Chief Lanford will tell you when youget down there." Well, I didn't say anything more to him right alongwith him, and when I got down to police headquarters, I sat in one of theouter offices that the detectives use, it wasn't the office of Chief Lanford, hehadn't come down yet, that was about between 8 and 8:30 when I got downthere. Well, I waited around the office possibly an hour, chatting and talkingto the officers

Visible Translated Text Is As Follows: 207into another room, and I presume they brought Newt Lee up from the cell, so he could talk to him. After Newt Lee was gone, the detectives showed us the two notes and the pad back with still a few unused leaves to it, and the pencil that they claimed they had found down in the basement near the body. Of course, Mr. Schiff and myself looked at those notes and tried to decipher them, but they were written exceedingly dim, and were very rambling and incoherent, and neither of us could recognize the

Visible Translated Text Is As Follows: sation with him, I returned to my home at about a quarter to eleven, my home was 68 E. Georgia Avenue; I washed up and had my breakfast in company with my wife, in the dining room, and while I was eating breakfast, I told my wife of the experience I had had that morning. After I finished my breakfast, I left the house and went around to the home of Mr. Wolfsheimer, and at Mrs. Wolfsheimer's house we found quite a company of people, and the conversation turned largely on what I had

Visible Translated Text Is As Follows: slip in the clock, we all went out of the factory and went downstairs and locked the door, and I was going to go down to the office, to police headquarters, because the officers said they wanted to show me some notes which they said were found near the body of the little padlock and staple which they showed me had been withdrawn, and which they said had been taken down to the station the first time they had Newt Lee down there.Now, gentlemen, I have heard a great deal, and so have you,

Visible Translated Text Is As Follows: 204ment, we all went back upstairs and Mr. Darley and myself got some cords and some nails and a hammer and went down the basement again to lock up the back door, so that we could seal the door from the back and nobody would enter. After returning upstairs, Mr. Darley and myself accompanied Chief Lanford on a tour of inspection through the three upper floors of the factory, to the second floor, to the third floor and to the fourth floor, we looked into each bin, and each partition, and each dressing room

Visible Translated Text Is As Follows: body, I identified that little girl as the one that had been up shortly after noon the day previous and got her money from me. We then left the undertaking establishment, got in the automobile and rode over to the pencil factory. Just as we arrived opposite the pencil factory, I saw Mr. Darley going into the front door of the pencil factory with another man, whose name I didn't know; we went up to the second floor, the office floor. I went into the inner office, hung up my hat, and in the

Visible Translated Text Is As Follows: 202should come for me in the automobile, when the automobile drove up, the bell rang and my wife went down stairs to answer the door. She had on,—just had a night dress with a robe over it. I followed her down. I wife—I wasn't completely dressed at that time,—didn't have my collar or tie on, and as soon as I could get together,—get my trousers and shirt on,—I went down stairs—followed my wife in a minute or two. I asked them what the trouble was, and the man who I afterwards found out was

Visible Translated Text Is As Follows: pair and tan pair, in the shipping room. I told Newt Lee it would be alright to pass Gantt in, and Gantt went in. Newt Lee closed the door; looking it after him — I heard the bolt turn in the door. I then walked down Pryor Street to Alabama; down Alabama to Broad Street, where I purchased two letters, one to my uncle, Mr. M. Frank and one to Mr. Pappenheimer, a few minutes after six, and continued on my way down to Jacobs Whitehall and Alabama. Street store, where I went in

Visible Translated Text Is As Follows: gas' department, foreman on the third floor, 85 cents for the payment of a very small bill to King Hardware Company, $11.50 to a tinsmith for a small job he had done, 5 cents for thread, and ten cents for a knife one item. Then this young man, Harold Wright, of whom I spoke, got his pay from the payroll. I added this up, and that was $39.31, and transferred it from here (Defendant's Exhibit 41) to there (Defendant's Exhibit 40). I then made the balance in the usual way, checking it against the

Visible Translated Text Is As Follows: 199stacks of a dollar. I did that, stacked them up, checked them, and re-checked them, and I took a piece of paper—haven't that paper—and jotted down the amounts. To that had to be added the amount that we had paid. In this case there was only one loan, that which I loaned to Mr. White that afternoon. That would eventually come back to the cash box. If there had been any errors in the payroll the night previous, I would have had to make it good from the cash box, and it would have

Visible Translated Text Is As Follows: 197of 10 gross. Then we look on down this pencil sheet, cut down each and every one of the items accordingly—you will notice in some places I marked some items, "142 1-2 9-10-X"—and so on down the sheet. In this case there were 20 or 30 different items, all of which had to have the prices correctly traced down, extensions correctly made, marked, re-checked, added up, and totaled, and checked back, and the pack had to be deducted, after which the 12 per cent. had to be figured out, and deducted, giving the net

Visible Translated Text Is As Follows: The material is arrived at on the basis, gross, net. The gross basis is the total amount of pencils packed, as per the packing reports handed in by Miss Bula May Flowers, and the net basis is the total amount, total gross, packed by report of Miss Eula May Flowers less the amount of repacked, of which I have spoken. In this case the gross amount was 2,651 gross, net 2,380 1-2 gross, the smaller being the net figure. The slats are figured at 22 cents per gross, and that's simply taking the 2,380

Visible Translated Text Is As Follows: 196line there, and certain printing on it, is due to me, because I got this sheetup myself. On one side you notice "Expense," and two main headings "Ex-pense," "Materials." Together they comprise the expense for the week.On the other side, like the debit and credit side of a ledger, is the "Value,""Gross Value" of the goods, which have been packed up during a givenweek. Down here below you will notice "Less Repacked." You rememberthe repacked, that I told you about, the pencils taken out of stock and re-packed to make them move better. That

Visible Translated Text Is As Follows: I took out from this job sheet (Defendant's Exhibit 8), the correct amount of gross packed—791 as figured there—correct value $396.76, as shown on this sheet, and the average is the same, that I didn't carry out to two decimal places; I didn't carry it to the cent. Then from the pay-roll book I got the pay-roll for Forsyth Street and Hunter Street, and then as a separate item took out from the pay-roll book the amount for the machine shop, which that week was $70.00. The shipments (Defendant's Exhibit 6), were figured for

Visible Translated Text Is As Follows: can arrive at the proper figure. The same way to find the good lead and the cheap lead, the large lead and the copying lead; that operation had to be gone through in detail with each and every one of those, and the same with each of the boxes, and that is a tough job. Some of them come packed in one gross boxes and some in half-gross boxes, and, as I say, we have a display box, and there are pencils that are put in individual boxes, and we have to go through

Visible Translated Text Is As Follows: from day to day. Now, I have very few clerks at Forsyth Street, or any-where else, for that matter, who could make out this sheet (Defendant's Ex-hibit 2) successfully and accurately. It involves a great deal of work andone has to exercise exceptional care and accuracy in making it out. Younotice that the gross production here (Defendant's Exhibit 2) is 2765%. Thatgives the net production. The gross production is nothing more than theaddition, the total addition, the proven addition of those sheets containingthe pencils packed. This other little sheet (Defendant's Exhibit 7A) behindhere represents

Visible Translated Text Is As Follows: 19118th of April, 562 gross the 2nd day, which was Saturday, a half day, the19th of April; 784 gross on Monday, which was April 21st; 1232 gross (thatwas an exceptional day) were shipped on Tuesday April 22nd; 672 grossshipped on Wednesday, April 23rd, and 957 gross shipped on Thursday, a very large day,shipped on April 24th, a total of 4374 gross. Now, there is another littleslip of paper (Defendant's Exhibit 4AA) here that shows one of the mostcomplicated calculations in the entire financial, and I will explain it. Itshows the repack, and I notice

Visible Translated Text Is As Follows: 19118th of April, 562 gross the 2nd day, which was Saturday, a half day, the 19th of April, 784 gross on Monday, which was April 21st; 1322 gross (that was an exceptional day) were shipped on Tuesday April 22nd; 572 gross shipped on Wednesday, April 23rd, and 957 gross, which is a very large day, shipped on April 24th, a total of 4374 gross. Now, there is another little slip of paper (Defendant's Exhibit 4AA) here that reads on one of the most complicated calculations of this entire financial, and I will explain it.

Visible Translated Text Is As Follows: 180for which we get less money, of course, than for the first. You see that Fannie A (Defendant's Exhibit 4B), that is Fannie Atherton. That is in the job department. Now, I took each of those job sheets (Defendant's Exhibit 4B) and separated them from the rest of those sheets, finding out how many jobs of the various kinds were packed that week. Now, this sheet (Defendant's Exhibit 3) shows that there were 12 different kinds of jobs packed that day. Each of them, you will notice, has a different price. That is the

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Visible Translated Text Is As Follows: Georgia - Supreme CourtSupreme Court Case FileLeo Frank v. The State* Due to a high reference rate in the past and an anticipated high rate in the future, these portions of a much larger record series are filmed as a protection and as an assist to researchers.Feb. 17, 1914 First Appeal 14264243Brief of Evidence or Enumeration of ErrorsRecord of caseOct. 14, 1914 Second Appeal 14264617Brief of Evidence, original and amendedRecord of case, including copy of first appealNov. 14, 1914 Third Appeal 14267474Record Group Georgia Supreme Court 92Sub-Group Office of Clerk of Supreme Court 1Series

Visible Translated Text Is As Follows: FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" at the beginning of the book, volume or papers being microfilmed, after each 100 exposures and at the end. Center the Test Pattern at the reduction being used. Insert the reduction and the exposure "RED" and "EXP" with photocopy.Filmer ce "MODULE TEST" au commencement du livre, volume ou paquets que l'on est en train de microfilmer, après chaque 100 expositions et à la fin. Centrer le film sur la réduction utilisée. Insérer la réduction et l'exposition ("Red", "Exp") avec la photocopie.Filme dieses "Prüf-Muster" (Test-Pattern) zum

Visible Translated Text Is As Follows: FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" as the beginning of each volume or book of paper being microfilmed, after each "volume" and "to be continued". Center the Test Pattern at the reduction being used. Insert the reduction and the exposure ("Red" and "Exp") with phonotype.Film ce "MODELE TEST" au commencement de livre, volume ou paquet que l'on microfilme, après chaque "volume" et "à suivre" (à suivre). Center et filmer à la réduction utilisée. Inserer la réduction et l'exposition ("Red" et "Exp") avec phonotype.Film diese "Prüf-Muster" (Test-Pattern) zum Beginn jedes Buches, Bandes

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Visible Translated Text Is As Follows: Secretary of State214 State CapitolAtlanta30334Ben W. Fortson, Jr.Secretary of StateAnn L. AddisonAssistant Secretary of State(404) 656-2881DEPARTMENT OFARCHIVES AND HISTORY330 Capitol Avenue, S.E.Atlanta, Georgia 30334MISS CARROLL HART, DIRECTOR(404) 656-2838INFORMATION (404) 656-2382CERTIFICATE OF AUTHENTICITYThis is to certify that the microphotographs appearing on this reel are the accurate, complete and official reproductions listed on the target (title) sheet preceding each volume or series of records.As reproduced by the Microfilm Laboratory of the Department of Archives and History, under the direction and jurisdiction of Ben W. Fortson, Jr., Secretary of State.It is further certified that the microphotographic processes

Visible Translated Text Is As Follows: Georgia - Supreme CourtSupreme Court Case FileLeo Frank v. The StateDue to a high reference rate in the past and an anticipated high rate in the future, these portions of a much larger record series are filmed as a protection and as an aid to researchers.Feb. 17, 1914 First Appeal 141Ga243 Bill of Exceptions-or Enumeration of Errors Brief of Evidence Record of caseOct. 14, 1914 Second Appeal 142Ga617 Brief of Evidence, original and amended Record of case including copy of first appealNov. 14, 1914 Third Appeal 142Ga741Record Group Georgia Supreme Court 92Sub-Group Office of

Visible Translated Text Is As Follows: for which we get less money, of course, than for the first. You see that Fannie A (Defendant's Exhibit 4B), that is Fannie Atherton. That is the job department. Now, I took each of those job sheets (Defendant's Exhibit 4B) and separated them from the rest of those sheets, finding out how many jobs of the various kinds were packed that day. Now, this sheet (Defendant's Exhibit 3) shows that there were 11 different kinds of jobs packed that day. Each of them, you will notice, had a different price. That is the number

Visible Translated Text Is As Follows: when I happened to go out to the lavatory and on returning to the office, the door pointed out directly in front, I noticed Newt Lee, the watchman, coming from towards the head of the stairs, coming towards me. I looked at the clock and told him the night before to come on at 4 o'clock for I expected to go to the base ball game. At that time Newt Lee came along and greeted me and offered me a banana out of a yellow bag which he carried, which I presume contained bananas;

Visible Translated Text Is As Follows: law to tell him that on account of some work I had to do at the factory, Iwould be unable to go with him, he having invited me to go with him out tothe ball game. I succeeded in getting my niece and his cook answeredthe phone and told me that Mr. Unsensbach had not come back home. Itold her to give him a message for me, that I would be unable to go withhim. I turned around and continued eating my lunch, and after a few min-utes my wife and mother-in-law finished their

Visible Translated Text Is As Follows: She had left the plant hardly five minutes when Lemmie Quinn, theforeman of the plant, came in and told me that I could not keep him awayfrom the factory, even though it was a holiday; at which I smiled and kepton working. He first asked me if Leo Frank had come down and I told himhe had not and he turned around and left. I continued work until I finishedthis work and these requisitions and I looked at my watch and noticed thatit was a quarter to one. I called my home up on

Visible Translated Text Is As Follows: of your high priced goods as possible and as few of your cheap goods, and therefore, if you know how many of the cheap goods and how many of the better grade of goods you are selling, it serves as a barometer on the class of goods that is being sold. You can see that this job takes quite a little figuring and quite a little judgment.After finishing that work, I went on to the transcription of these orders—to these requisitions (Defendant's Exhibit 25 to 35), and notwithstanding an answer that has been made,

Visible Translated Text Is As Follows: here, too, the next column shows to whom the goods are to be shipped; of course that is not very difficult to figure out, it is just a mere copy. The store numbers are put down in case that store have numbers, and then one must look over the order; I notice that one of the orders is one to R. E. Kendall (Defendant's Exhibit 34), at Plum St., Cincinnati, O., calling for a special, and that has to be noted in this column here, you will notice regular or special, notice here the

Visible Translated Text Is As Follows: 183one in Buffalo, one in Boston, one in New York, there is one at Wilkesbarre, one at St. Louis, one at Chicago, and one in San Francisco. Now, this order, by looking at it, I can tell, because I have no reason to look into and know the system of orders used by this syndicate, and I most assuredly have to know it, you notice Chicago, Ill., 4-23, down here, and also store No. 585 (Defendant's Exhibit 28), the Woolworth Company 347 E. Main St. here again is DeKalb, Ill. In other words, DeKalb,

Visible Translated Text Is As Follows: 182sent us to be tried out, a circular knife, one to J. B. McCrory, Five & Ten Cent Syndicate, one to the Pullman Company, of Chicago, Ill., in reference to their special imprint pencils, which they were asking us to ship as soon as possible, one to A. J. Sassener, another die maker, two letters are copies of the ones I dictated that morning; I signed these letters, and while I was signing, as Miss Hall brought these letters in to be signed, I gave her the orders (Defendant's Exhibit 14 to 24) which

Visible Translated Text Is As Follows: It was about this time that I heard the elevator motor start up and the circular saw in the carpenter shop, which is right next to it, running. I heard it saw through some boards, which I supposed was the work that Mr. Holloway had referred to. I separated the orders from the letters which required answers, and took the other material, the other printed matter that didn't need immediate attention. I put that in various trays, and I think it was about this time that I concluded I would look and see how

Visible Translated Text Is As Follows: with me in a folder, and put on my hat and coat and went to the outer office, when I found that Mr. Lyons had already left. Mr. Darley left with me, about 9.35 or 9.40, and we passed in front of the factory, and stopped at the corner of Hunter and Forsyth Streets, where we had a drink at Cruickshank's soda water fount,-where I bought a package of Favorite cigarettes, and after we had our drink, we conversed together there for some time, and I lighted a cigarette and told him good-bye, as

Visible Translated Text Is As Follows: 178exasperates a customer more than to receive invoices that are incorrect; moreover, on this morning, this operation of this work took me longer than it usually takes an ordinary person to complete the checking of the invoices, because usually one calls out and another checks, but I did this work all by myself that morning, and as I went over these invoices, I noticed that, Miss Eubanks, the day before, had evidently sacrificed accuracy to speed, and every one of them was wrong, so I had to go alone over the whole invoice, and

Visible Translated Text Is As Follows: through the factory without stopping, easily, quickly and economically manu-factured. On Friday evening, I got home at about 6:30, had my supper,washed up, then went with my wife to the residence of her uncle, Mr. CarlWolfsheimer, on Washington Street, where up my wife and Mr. Wolfsheimer andhis wife and myself played a game of cards, bridge for the balance of theevening. My wife and I returned home and retired at about eleven-o'clock.On Saturday April 26th, I rose between seven and seven thirty and leisurelywashed and dressed, had my breakfast, caught a Washington-Street or GeorgiaAvenue

Visible Translated Text Is As Follows: 176by the name of Wright, who had helped us out as a clerk in the office during the past week, came in and I paid him in cash, as Mr. Schiff, I found, neglected to put his name on the pay-roll. I just made out a ticket for the amount of money he drew and put it in the cash box and charged it to the cash box and not to the pay-roll. At a quarter to six, part of the help took place, Mr. Schiff taking all the envelopes that were due the

Visible Translated Text Is As Follows: 175the happiest days of my life. My duties as superintendent of the National Pencil Company were, in general, as follows: I had charge of the technical and mechanical end of the factory, looking after the operations and seeing that the product was turned out in quality equal to the standard which is set by our competitors. I looked after the installation of new machinery and the purchase of new machinery. In addition to that, I had charge of the office work at the Forsyth Street plant; and general supervision of the lead plant, which

Visible Translated Text Is As Follows: 174MISS IRENE CARSON, sworn for the Defendant.I worked for fifteen months on the fourth floor of the pencil factory. I have known Mr. Frank during that time. His character is good. I am a sister of Miss Rebecca Carson, and a daughter of Mrs. E. H. Carson. I was with my sister on Whitehall Street on April 26th and recollect seeing Mr. Frank there. I have never met Mr. Frank at any time or place for any immoral purpose.MRS. J. J. WARDLAW, sworn for the Defendant.I worked at the pencil factory four years. I

Visible Translated Text Is As Follows: 173My sister quit at the factory before Christmas.- I have never flirted with anybody out of the window. I have heard them say that they didn't want the girls to flirt around the factory. I have heard Mr. Frank say that to Miss McClellan, after she told him that she had seen some of the girls flirting.MISS BESSIE FLEMING, sworn for the Defendant.I worked as stenographer at Mr. Frank's office from April, 1911, to December, 1911. Mr. Frank's character was unusually good.CROSS EXAMINATION.I am just talking about my personal relations with him. I have

Visible Translated Text Is As Follows: 172MISS IRENE JACKSON, sworn for the Defendant.I worked at the pencil factory for three years. So-far as I know Mr. Frank's character was very well. I don't know anything about him. He never said anything to me. I have never met Mr. Frank at any time for any immoral purpose.CROSS EXAMINATION.I am the daughter of County Policeman Jackson. I never heard the girls say anything about him, except that they seemed to be afraid of him. They never would notice him at all. They would go to work when they saw him coming. Miss

Visible Translated Text Is As Follows: MISS EULA MAY FLOWERS, sworn for the Defendant.I work on the second floor of the pencil factory. I have known Mr. Frank for three years. His general character is good. I have known Conley for two years. His general character for truth and veracity is bad.CROSS EXAMINATION.His borrowing money and not paying it back is one thing. He has promised and he has never paid back anything he has ever borrowed from me. I had Mr. Gantt take it out of his envelope. I have never met Mr. Frank anywhere for any immoral purpose.MISS

Visible Translated Text Is As Follows: MRS. H. GLOGOWSKI, sworn for the Defendant.I keep a boarding house in this city. I have known Mr. Frank more than three years. He and his wife boarded with me for seven months. His character is good.MRS. ADOLPH MONTAG, sworn for the Defendant.I am a sister of Mr. Sig Montag. I have known Mr. Frank five years. His character is very good.CROSS EXAMINATION.I have heard of his character through the ladies he has lived with. Mrs. Meyers has told me how nice he always was to her. My husband has always spoken well of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: 128There was nothing that attracted our attention. I have never known Mr. or Mrs. Frank to play poker. I should say he went to bed about 10.30. His wife followed about fifteen minutes afterwards. I never noticed any marks or bruises about his person.CROSS EXAMINATION.He came in while we were playing to tell us of some joke he had read, and we asked him to desist as it was distracting us from the game. Frank was reading a magazine which caused him considerable merriment and laughter.I. STRAUSS, sworn for the Defendant.I was at the

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

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

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

Visible Translated Text Is As Follows: 124RE-DIRECT EXAMINATION.I have never seen a letter written by Mr. Frank. The only writing of his that I am familiar with are figures and things like that, pay-rolls, writings in requisitions and words that consists largely of abbreviations.HARRY GOTTHEIMER, Sworn for the Defendant.I am a traveling salesman. I make two trips a year for the National Pencil Company, from the first of February to the first of April, and from the first of September to the fifteenth of October. I was at Montag Bros. around ten o'clock on April 26th. I had come in

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

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

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

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

Visible Translated Text Is As Follows: 118wouldn't know whether it was running or not unless your attention is directed to it. I had looked at the clock five minutes before I saw Mr. Frank in front of Rich's. I had just looked at the time also before I saw him going into Jacobs'. I am certain of the time I saw him. That was the exact time by the clock. I get $10.00 a week. Last time my salary was raised it was raised in January. There has been no raise since then. I had heard that some of the

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

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

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

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

Visible Translated Text Is As Follows: 113Sunday. The first that I knew of it was when I saw her name in the paper the next morning. The subject was mentioned at the dinner table on Sunday.RE-DIRECT EXAMINATION.My health is bad and I did not care to hear much of the facts of the crime at the time. I was operated on the next day. Mr. Frank spared my feelings. These are the clothes Mr. Frank wore on April 26th (Defendant's Exhibit 49).MISS HELEN KERNS, Sworn for the Defendant.I work for the Dodsom Medicine Company as stenographer. My father works for

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: 100RE-DIRECT EXAMINATION.In making out this sheet Mr. Frank had to make about 40 multiplications, 160 additions. The mistake is not a serious one.HERBERT G. SCHIFF, Recalled for cross examination.The books show that $4 was loaned to Arthur White. I made the entry in the book. The $2.00 was for "what" Mr. Frank loaned him that day and $2.00 loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2.00 these slips are not kept after we take it off. After the payroll is made we

Visible Translated Text Is As Follows: 98RE-CROSS EXAMINATION.I had no objection to coming to your (Mr. Dorsey’s) office. - I offered to assist you in any way I could. No, it was not Mr. Frank’s custom to make an engagement Friday for Saturday evening and then go off and leave the financial sheet untouched. The pencil factory is three- or four blocks from Montag’s. Some of them are short blocks. Guess it takes three to five minutes to go over there. I have never timed myself. The first time on Monday I observed the peculiar behavior of Conley was between

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

Visible Translated Text Is As Follows: Thanksgiving Day, when I left him at the corner of Mitchell and Alabama, where he caught a Washington Street car. I don't know what he did that afternoon. I do know that I remained at the factory every Saturday afternoon since I have been there because I have nothing else to do. I paid off, April 25th. I remember Helen Ferguson coming to the window and I paid her. I can tell you the names of many more that I paid off that afternoon. (Witness gives names of eight or ten more he claims

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

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

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

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

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

Visible Translated Text Is As Follows: 90count it as actual cash. On that Saturday, we couldn't have over $30 or $35 in the drawer. Yes, I acquainted Joel Hunter, the accountant, with all the data that goes in the financial sheet and explained it to him in detail, and also Mr. Bidwell. I gave them all the data necessary to make up the sheet. The sheet here headed "Comparison 1912-1913" is Defendant's Ex. "11") is made up by Mr. Frank to show the difference between one week of this year and the same week of last year and in making

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Miss Mary Fink on April 28th and she didn't say that I committed the crime and I didn't shoot out of the room immediately after she said that I didn't tell Miss Carson on Monday that I was drunk all day Saturday. I didn't see her at all on Monday. I didn't tell Mr. Herbert Haas on Monday that I was afraid to go on the street, that I would give a million dollars if I was a white man. I said if I was a white man I would go on out. I

Visible Translated Text Is As Follows: standing at the steps. I could see the clock from there. Then I went back and got a piece of striped bed tick, something like your shirt there, had whitish looking stripes on it. I taken the cloth and spread it down and rolled the little girl in-the cloth and tied it up and laid her down in the cloth, I tied the cloth around her. I did my best and her feet were hanging out of the cloth, also her head. If I didn't tell Black and Scott anything about the hat and

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

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

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

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

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

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

Visible Translated Text Is As Follows: told me to watch for him. I don't know whether Mr. Frank knew he was there or not. There were eight niggers in all working in the factory. Snowball, the fireman and me did just plain manual labor, the rest of the negroes had better jobs. Snowball, the fireman and me were the last negroes to get jobs there. We were the new darkies; the others had been working there before we went there. Mr. Frank used to laugh and jolly with me. I couldn't tell you the first time he did this. Mr.

Visible Translated Text Is As Follows: standing by the side of Gordon Bailey when he come and told me, and he said, I could make a piece of money off that man. Yes, Snowball could hear what he said. The man and ladies came about half past two or three o'clock. They stayed there about two hours. I didn't see either one of the ladies. I can't describe what either one of them had on. The man was tall slim built, a heavy man. I have seen him at the factory talking to Holloway, he didn't work there. I have

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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