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The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean

Important Book Launch: The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean Help preserve this important history...
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0990 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Character of Leo M. Frank-ContinuedWitnesses attacking Frank's characterMisses Myrtice Cato, Maggie Griffin, Marie Carst,...
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0989 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Character of Leo M. Frank goodMisses Annie Osborne, Rebecca Carson, Maude Wright, Corinthia Hall,Annie...
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0988 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Carson, Mrs. E. M. ------------------------------------------------------------- 118.April 29th9:00 to 10:00 a. m., Frank on fourth...
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0987 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Campbell, Wade ----------------------------------------------------------------- 105.April 26th9:30 a. m., reached factory ------------------------------------------------- 105.Frank working at time...
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0986 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Benedict, S. C., Pres. State Board of Health----------------------------- 229.Black, John R------------------------------------------------------------ 17.April 28th, arrested...
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0985 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Bailey, Gordon (Snowball) ------------------------------------------------------------- 136.April 23thDid not see Frank talk to Conley -------------------------------------------------- 136.Character...
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0984 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Accidents in Metal RoomEmployees' hands cut often----------------------------- 133.Particular instances ---------------------------------- 133.Floors not washed or...
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0998 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Haas, IsaacApril 27th, did not hear telephone--------------------------------- 147.His wife awakened him----------------------------------------------- 147.Frank's character good-----------------------------------------------...
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0995 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Expert Testimony—ContinuedJohnson, Clarence, M. D. -------------------------------------------------- 236.Kendrick, W. S., M. D. -------------------------------------------------- 182.Niles, George...
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1000 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Hixon, Annie, (c)—ContinuedApril 27thFrank and wife came to Ursenback's to dinner----------------------------- 122.As was their...
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1174 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1175 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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;

1172 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1173 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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.

1190 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1171 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1188 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1189 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1187 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1186 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1185 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1183 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1184 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1182 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1200 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1181 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1198 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1199 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1196 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1197 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1194 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1195 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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,

1192 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1193 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1191 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

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