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The Atlanta Georgian,
Monday, 18th August 1913,
PAGE 1, COLUMN 1.
LEO FRANK TESTIFIES:
That his married life has been very happy; that his office safe door was open and he could not see Mary Phagan as she spoke to him on leaving after drawing her pay; that he was in his office from 12 until just before going home to lunch.
PAGE 1, COLUMN 3
PROFOUND IMPRESSION MADE BY PRISONER'S REMARKABLE STORY
From the lips of the man accused of the murder of Mary Phagan, came a remarkable story Monday afternoon.
The spectators in a densely packed courtroom listened with strained interest as Leo Frank told in graphic words of the events of the day which brought the charge of a terrible crime against him.
It is doubtful if a tale so clearly told, so thorough in its detail, so logically presented ever has been related in a Georgia court of justice by a man over whom has hung the accusation of a horrible murder.
His wife smiled affectionately at him when he told of his marriage to her and said with feeling: "My married life has been exceptionally happy; in fact, the happiest period of my life."
His words, dispassionate at first, grew in force as he proceeded, but he seldom departed from his moderate tone of voice. The only exceptions were when he was referring to some particularly vital point.
At one point he adverted to one of the Solicitor's charges that he had not done all the work on Saturday that his lawyers claimed for him. Frank displayed a sheaf of requisitions to the jurors, and said with a trace of heat:
"Notwithstanding any insinuations that may have been made, I-wrote-these-requisitions!"
He brought out the closing words with a startling force he had not displayed before, emphasizing each word with a blow of his hand on the railing in front of the jury box.
At another time he held up a long sample case of vari-colored pencils to the view of the jury.
Solicitor Dorsey objected to the display of the pencils on the ground that they had not been introduced as evidence.
Frank smiled and said to the jurors:
"I guess you have seen enough of the pencils to perceive there are a great many kinds."
The spectators smiled with him as they saw he had accomplished all he desired.
Here is Frank's story as it was told with its various interruptions:
Mr. Arnold: "Now Mr. Frank, such papers as you want to use you can come down here at any time or from time to time and get them on this table right here.
The Court: "Before you commence your statement I want to read the law. In criminal procedure, the prisoner will have the right to make to the Court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath and shall have such force as the jury shall think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on cross-examination. He should feel free to decline to answer them. Now you can make such statement as you see fit."
The defendant said: "Gentlemen of the jury, in 1884, the 17th day of April, I was born in Terrell, Tex. At the age of three months my parents took me to Brooklyn, N. Y., which became my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn and prepared for college in Pratt Institute, Brooklyn, N. Y."
"In the fall of 1902 I entered Cornell University, where I took the course of mechanical engineering, graduating after four years, in June, 1906. I then accepted a position as draughtsman with the B. F. Sturdevant Company, of Hyde Park, Mass. After remaining with this firm for about six months I returned once more to my home in Brooklyn, where I accepted a position as testing engineer and draughtsman with the National Meter Company of Brooklyn, N. Y."
Came to Atlanta
In October, 1907.
"I remained with these parties until about the middle of October, 1907, when at the invitation of some citizens of Atlanta, I came South to confer with them with reference to the starting and operation of a pencil factory to be located in Atlanta. After remaining here for about two weeks I returned once more to New York, where I engaged passage and went to Europe. I remained in Europe nine months. During my sojourn abroad I studied the pencil business and looked after the erection and testing of machinery which had been previously traded for."
"In the first part of August, 1908, I returned once more to America, and immediately came South, to Atlanta, which has remained my home ever since. I married in Atlanta an Atlanta girl, Miss Lucille Selig. The major portion of my married life has been spent in the home of my parents-in-law, Mr. and Mrs. E. Selig, at No. 68 East Georgia avenue. My married life has been exceptionally happy, indeed-it has been the happiest days of my life."
"My duties as superintendent of the National Pencil Company were in general as follows: I took charge of the technical and mechanical end of the factory, looking after the processes and seeing that the product was turned out in quality equal to the standard which was set by our competitors. I looked after the installation of new machinery, and the purchasing of any machinery, and in addition I had charge of the office work at the Forsyth street plant, and the lead plant on Bell street."
FRANK LOOKS STRAIGHT AT JURY AND TELLS STORY DELIBERATELY
During his statement, Frank looked straight into the faces of the jurymen and talked very distinctly and deliberately. His voice was not very strong and the deputies had to rap frequently to keep down the noise.
Looked After the Purchase of Materials.
"I looked after the purchasing of the raw material." I saw after the manufacture of pencils and kept up with the market of these materials and when the prices fluctuated so that the purchases could be made to the best possible advantage.
"On Friday, April 25, I arrived at the pencil factory on Forsyth street at about 7 o'clock, my usual time. I immediately started in on my regular routine work, looking over the papers I had laid out the evening before, and attending to any work that needed my special attention that morning.
"At about 9:30 I went over to the office of the general manager and treasurer, Mr. Sigmund Montag, whose office is at Montag Brothers on Nelson street. I stayed over there a short time, and got what papers had arrived in the mail-all the mail of the pencil factory comes over to their office. I got that mail and brought it back to the Forsyth street office. I then separated the mail and continued in my usual routine duties in the office on Forsyth street."
"At about 11 o'clock Mr. Schiff handed me the payroll book, covering the plants at Forsyth street and Bell street, for me to check over and see if the amounts and extensions were correct. Of course, this work has to be very carefully done, so that the proper amount of money is drawn from the bank. This checking took me until about 12:20 p. m.
Went to Bank To Get Pay Money.
"I then went over to Montag Brothers, took the checks drawn and had them signed by Mr. Sig. Montag, after which I returned to Forsyth street and got the leather bag in which I usually carried the money and the coin from the bank, and got the payroll slip, on which the various denominations which I desired to have on the payroll were made out, and went, accompanied by Mr. Herbert Schiff, my assistant, to the Atlanta National Bank, where I had the checks cashed.
"Returning to the factory in company with Mr. Schiff, I placed this bag containing the money for the payroll, in the safe and locked it. At this time my wife called for me and in her company and that of Mr. Schiff I went over to the car, and went with my wife home to lunch. After lunch I returned to the factory and took a tour for about an hour through the factory, after which I then assisted Mr. Schiff in checking over the amounts on the pay envelopes, checking the money against the duplicate slips that we had got from the bank to see that the correct amount had been given us, and helped Mr. Schiff in checking over the money and in filling the envelopes."
"This took us approximately until a quarter to six to fill the envelopes and seal them, and place them in a box we have there with two hundred pigeon holes in it, that we call our payoff box."
Paid One Man Check in Cash.
"While I was so occupied with Mr. Schiff in filling the envelopes, a young man named Wright who had helped us out in the office as clerk during the past week came in and I paid him in cash, as Mr. Schiff had neglected to put his name on the payroll. I just made out a ticket and put it in the payroll box, not the cash box, and continued in the office with Mr. Schiff, taking all the envelopes that were due the help that had worked from April 18 to April 24, inclusive, to pay them through the window in one side of the office. There is a little window built in the hall. I had stayed in my office, checking over the amount of money which had been left there."
"This amount should have been equal to the amount loaned out in advance to the help. I took a ticket out when we were filling the envelopes in checking this amount there. As near as I recollect it, it was about $15."
"I noticed a shortage of about $1.20, or something over a dollar, at any rate, and I kept checking to see if I could find the shortage in the various deductions which had been made. I could not locate it that evening, after the help had been paid off, during which time I stayed in my office. No one came into my office and asked me for the envelope or for an envelope of any other party."
"After the paying off of the help had taken place, Mr. Schiff returned and handed me the envelopes which were left over, bound with an elastic band, and I put them in the cash compartment, which is different from the cash box, the key to which is kept in my cash box, and placed them in the safe, and Mr. Schiff placed the amounts in the box, and placed the box in the safe and left them."
Tells of Putting Slips in Time Clock.
"I placed in the time clock slips which were to be used the next day. I took the two time slips dated April 25, which had been used by the help on Friday, April 25-these are the two that I put in the slot" exhibiting the same to the jury.
Mr. Dorsey thereupon vigorously protested that Mr. Frank should be allowed to exhibit these slips to the jury, because they had not been offered in evidence, on the grounds that they were immaterial and irrelevant, and on the second ground that he could not put them in evidence on his own statement.
Counsel for the defendant insisted, however, that they should be allowed to offer these slips in evidence, as they had been testified to by Mr. Darley and others. The testimony, however, was not produced, and Judge Roan ruled that Mr. Frank might make any statement concerning the same, but that he would withhold his ruling until further investigation. Mr. Frank thereupon proceeded to explain to the jury.
"Gentlemen, as I was saying, these two slips that have April 26, 1913, written at the bottom are the two slips I put in the clock on the evening of Friday, April 25, to be used on the day following, which, of course, was April 26."
"I neglected to mention also, in going over my duties at the factory, that Mr. Darley was superintendent of labor and manufacture, and it fell to his duty to engage the help and distribute the help throughout the plant, and to discharge the help in case it was necessary. It was also due to him whether the wages were raised or not. In other words, he was the man that came directly in contact with the help. Moreover, he saw that the goods progressed through the plant without stopping, speedily and economically for their manufacture."
"On Friday evening I got home at about 6:30, had my supper, washed up, and with my wife played a game of auction bridge at a friend's home in the evening. My wife and I returned home and retired about 11 o'clock."
"On Saturday, April 26, I rose between 7 and 7:30 and lie surely washed and dressed and ate my breakfast, and caught a Washington Street or Georgia Avenue car. I don't really remember which, at the corner of Washington and Georgia avenue, and arrived at the factory, Forsyth street plant, at about 8:20."
"Upon my arrival at the factory I found Mr. Holloway, the day watchman, at nis usual place, and I greeted him in my usual way, and found Alonzo Mann, the office boy, in the office."
"I took off my coat and hat and opened my desk and opened the safe, and removed the various books and files and wire trays containing the various important papers which were placed there the evening before and distributing them in their proper places about the office. I then went out to the shipping room and conversed a few minutes with Mr. Irby, who was at that time shipping clerk, about the work he was going to do that morning."
"According to my recollection, we did no shipping that day, owing to the fact that the freight offices were not receiving any shipments, due to the fact that it was a holiday."
"I returned to my office and looked through the papers and sorted out those which I was going to take over on my usual trip to the general manager's office that morning."
"I then turned to the invoice covering shipments which were made by the pencil factory on Thursday, April 24, and which were typewritten on Friday, April 25, by Miss Eubanks, who was the stenographer who stayed at my office. She had hurried through with the office work on the day previous, so that she could go home and spend the holiday in the country where she lived. But I didn't get to check over the invoices on the shipments on Friday, due to the fact that Mr. Schiff and myself were completely occupied the entire day. So we left the factory with the payroll. So that naturally, these Invoices covering shipments which were made on April 24, ought to have been sent to the customers, and I got right to work checking them."
Shows Invoices to Jury First Time.
"Now I have these invoices here (taking up the papers and exhibiting them to the jury). These papers have not been exhibited to you before, but I will explain them. You have seen some similar to these."
"Of all the mathematical work in the office of a pencil factory, this very operation, this very piece of work that I have now before me is the most important. It is the invoices covering shipments and is sent to the customer, and it is very important that the prices are correct, that the amount of goods shipped agrees with the amount which is on the invoices, that the terms are correct, and that the price is correct. Also, in some cases, there were freight deductions, all of which has to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer more than to receive invoices which are incorrect."
"Now, with reference to the work I did on these orders-that is not such an easy job as you might be led to believe. Here are initials. They represent the salesman who took the order. Sometimes I have to go through a world of papers to find out to whom to credit these orders."
"I notice that one of the orders to R. B. Kindele calls for a specialty. That has to be carefully noted and recorded. One column represents the shipping point, another the date, etc."
"The next step is to fill in the orders on this sheet. On this sheet I must separate the orders into price groups. Evidently no work has been done on this sheet since he went away. The reason this is done -in the pencil business as in all manufacturing businesses-it is advantageous to sell as much of the high-priced goods as possible."
"This sheet is the only means of telling how much of the various goods we are selling. It is the barometer of our business and requires most careful work."
Declares He Wrote Financial Sheet.
"After I have finished that work I have had to do this, and notwithstanding any insinuations that have been made, I wrote these requisitions."
Frank read the name on each requisition, which were the same as the names on the orders.
"Now that is all my handwriting, except what vas written at a subsequent date to April 26."
Frank went back to the stand.
He was handed a glass of water as he resumed his seat, but declined it.
"Miss Hall left my office" he continued, "on her way home at this time. There were then in the building Arthur White, Harry Denham and Mrs. White. It must have been from ten to fifteen minutes after that this little girl whom I afterwards found to be Mary Phagan came in. She asked for her pay. I got my cash box, referred to the number and gave her the envelope."
"As she went out, she stopped near my outer office door and said:"
"'Has the metal come?'"
Sound of Voice Made Little Impression.
"The safe door was open and I could not see her, but I answered 'No.' The last I heard was the sound of her footsteps going down the hall. But a few moments after she asked me, I had the impression of a voice saying something, but it made no impression on me."
"The little girl had hardly left the office when Lemmie Quinn came in. He said something to me about working on a holiday and went out. A few minutes before 1 o'clock, I called up my wife and told her I was coming to lunch at 1:15. I then went upstairs to where Denham and White were working and found
PAGE 2, COLUMN 1
FRANK DETAILS HIS OWN STORY TO JURY
Continued From Page 1.
they had a bit of the floor taken up and were sawing.
"I explained to them that I was going to lunch and would lock the door when I left. Mrs. White left at this time. Some lady said that at 12:35 o'clock she found me in front of the safe. It is barely possible that she did. I don't recall her being there. Her memory probably is fresher than mine on this point.
"When I went up stairs I asked Mr. White if his wife was going to stay there with him. She said no, that she would go. She left and then I got my hat and coat and left, locking the outer door."
"Now, gentlemen, to the best of my recollection from the time the whistle blew until I went upstairs to see Mr. White, I did not stir out of my office. I went on home."
"I called up my brother-in-law, Mr. Ursenbach, to tell him I was unable to keep the engagement to go to the ball game. The cook answered the phone."
"My wife and mother-in-law were going to the opera. My father-in-law and I ate lunch. He went into the backyard while I lit a cigarette and lay down for a moment.
"I left and while passing the home of Mrs. Wolfsheimer, saw Mrs. Michael on the porch. I went in to see her and saw Mrs. Wolfsheimer, Mr. Loeb and others.
Watched Parade When Street Cars Stopped.
"To catch the next car I ran down to Glenn street. On the car I met my wife's cousin, Mr. Loeb. The car was blocked at the corner of Washington and Hunter streets. I walked up to Whitehall street and stood there possibly for fifteen minutes watching the Memorial Day parade.
"As I walked down Whitehall street I met Miss Rebecca Carson. This was probably 3:10 or 3:15 o'clock. I greeted her and walked on. I stopped at Jacobs' Pharmacy and walked on. I went from there to the factory."
"When I reached there I went upstairs and let the boys know I had returned. A minute later, I returned to my office and started to work on the financial sheet."
"In a few minutes the clock bell rang and Arthur White came into the office to borrow two dollars. It was while I was at work on the sheet at probably 4 o'clock that I went to the toilet."
"As I returned toward the office, I noticed Newt Lee coming toward me from the head of the stairs. I told him he could go on off but to be sure and be back at 6 o'clock. I told him I was very sorry I could not let him know about the half holiday but that he was at liberty to enjoy himself as he saw fit, but that he must not fail to return at 6 o'clock."
"The first night that Newt Lee come to work at the factory, I took him over the building, and stressed the fact that he must go into the basement, especially the dust bin, every half hour."
"I told him it would be part of his duties to watch the back door. He was to make a complete tour every half hour and punch the clock."
"Now, I will return to the work of the financial sheet. This sheet contains the cost of all the pencils made that week. There are no names but this sample case will show you."
Evidence Excluded But Jury Sees It.
Frank unfolded a sample case.
Dorsey: "We object to this being used as evidence."
Judge Roan: "I sustain you."
Frank placed the sample case to one side.
"Well," he said, "you got a sufficient glance at those pencils to see there were a great many."
"In making up this sheet it was necessary to go through the list of all that were packed. Specials, of course, have to be figured separately."
"For instance, there is a special 60-60-x pencil known as 'Crackerjack.' Now I notice that the two expert accountants reported two errors. While they were unimportant, I wish to explain that those errors were not mine. They were made by Mr. Schiff. I never checked his figures. I checked over mine, but not his."
"Now the next is 'jobs.' The accountant found the only error in my financial sheet there in the item 'jobs.' It was not an error, as I will show you. He did not know my method of figuring."
"Two items here are totals. The total gross amount is 791 gross, the total value amount $396.75. In figuring the average I obtained $50.01. In that average he discovered an error. It was not an error. I simply did not go as far into the decimals as he did. One-tenth of a cent was close enough for my purpose."
"Now some of the items in here are taken from the reports of the foremen of the different departments."
Frank then exhibited a report from the foreman or forewoman of each department and explained it.
"Then there is the report of Mr. Schiff, showing the gross of pencils shipped each day of that week -that week was an exceptionally heavy one."
"Now, there is a little report here that constitutes one of the most difficult calculations. It is from the packing room. We have a trick of the trade to put the pencils that do not sell very fast into fancy packages to make them go.
"Now, very often these pencils are taken from the shelf, where they have laid for more than a year, and repacked in the fancy cases. I made all the calculations on this that afternoon, despite everything that has been said here to the contrary."
Hapeville Episode Hinted by State.
That Frank rode on a street car to Hapeville with a girl the Saturday previous to the murder of Mary Phagan and repeatedly sought to persuade her to leave the car with him was the sensational testimony Solicitor Dorsey endeavored to get from Mrs. J. G. Wardlow Monday.
Anticipating the nature of the questions the Solicitor was about to ask Mrs. Rae Frank, mother of the defendant, stopped her ears with her fingers and then rushed from the room. Attorneys for Frank at first objected to the questions and the jury was excused. It was at this moment that Mrs. Frank made her dramatic exit. She was evidently fearful of repeating her outburst of a few days ago.
Mrs. Wardlaw denied that she ever knew of such a circumstance. She denied as well that she had been told of it by Harmes Stanton or H. G. Baker, street car men.
Another sensation was created when the defense called to the stand Miss Emmeline Mayfield, the young woman whom the State maintains was in the dressing room when Frank looked in at one time. Miss Mayfield denied this was true.
Paving the way for the eagerly awaited statement of Frank, the lawyers for the defendant devoted Monday morning to the gathering up of the story ends of their case, most of the time being occupied with the testimony of character witnesses.
More than a score of women and girls employed in the National Pencil Company were called to tell what they knew of Frank's character and what they had observed of his conduct about the factory. All asserted that they never had known personally of any misconduct on the part of the superintendent and never had heard of any.
Explains Looking Into Dressing Room.
Mrs. Mattie Thompson proved one of the most important of the character witnesses. After testifying to Frank's good character, Mrs. Thompson declared that the girls on the fourth floor were in the habit at one time of flirting from the windows of the dressing room. She said that the practice became a matter of comment among the elder women on the fourth floor and that she finally took it upon herself to report it. Whereupon orders were issued against it.
The testimony of Mrs. Thompson was produced to provide a basis for the contention of the defense that Frank had opened the dressing room door on several occasions solely for the purpose of determining if his orders were being carried out.
Miss M. E. Fleming, a stenographer, said that she worked in Frank's office from April to December, 1912, and that she never had observed any misconduct on the superintendent's part nor had seen women visiting his office.
Godfrey Winecoff, superintendent of the lead plant of the National Pencil
Company, testified that it was his custom to visit the pencil factory office every other Saturday afternoon about 3 o'clock. He said he always found Frank or Schiff, Frank's assistant-frequently both-working in the office. He asserted he never saw any women there.
A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday, and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.
When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for The Atlanta Journal.
Took Conley 15 Minutes To Tell Crime Details.
Branch was asked:
"Can you give any estimate of the time taken in conversation in Conley's re-enactment of the crime?" He replied that it took about fifteen minutes.
Q. You never said it was about half the total time, did you? A. I don't recall.
Attorney Arnold took the witness.
Q. You said it took about fifteen minutes to cover the time lost in conversation?-
A. Yes.
Q. He began at 12:18 and you left at 1:08? That would be about 56 minutes that you were there? A. Yes.
Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?
Q. How long did he stay in the wardrobe? A. About one minute.
Q. Did you see Conley in the newspapermen's room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.
Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.
Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.
Q. How long did it take you? A. Four and one-half minutes.
Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets? A. I did.
Q. How long did it take you? A. Three minutes and twenty seconds.
Q. Did you walk from Broad and Hunter streets to the Pencil Factory?
Employees of Factory Character Witnesses.
Miss M. E. Fleming was the next witness called. She is one of Frank's former stenographers. She testified on direct examination that Frank's character was good. Dorsey cross-questioned her.
Q. Were you ever there on Saturday afternoon? A. No, I was off then.
Q. How long did it take you? A. One and one-half minutes.
The witness was excused.
Q. Did you ever see Mr. Frank work on the financial sheet Saturday mornings? A. Yes, I saw him work on it a little.
Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand.
Q. Did you visit the National Pencil factory on Saturdays between July 1, 1912 and May 1, 1913? A. Yes.
Q. What time? A. Three to 5 o'clock.
Q. How often? A. Almost every Saturday.
Q. Did you ever see women there in Frank's office? A. No.
Q. Who was there? A. Frank, Holloway, Schiff and the office boy. Dorsey took the witness on cross-examination.
Q. Are you sure Holloway was there at 3 o'clock? A. Yes.
The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand and testified as to Frank's good character. Arnold questioned her.
Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there? A. I made a complaint about the girls flirting out of the window.
Dorsey took the witness on cross-examination.
Q. Who has talked to you in the last few days about what you were to swear on the stand here? A. Mr. Haas talked to me.
PAGE 2, COLUMN 1
LEO M. FRANK AS HE TOLD HIS STORY ON WITNESS STAND
Frank appeared perfectly calm and collected as he went to the witness chair in his own behalf. He apparently welcomed the opportunity to tell of the famous crime from his view-point.
The accused man urged his lawyers to let the Solicitor and his aides cross-question him freely.
PAGE 2, COLUMN 5
FRANK MAKES HIS OWN BEST WITNESS TELLING DIRECT DETAILED STORY
The eyes of Leo M. Frank's wife and his mother-in-law, Mrs. Emil Selig, were constantly upon him as he sat in the witness chair talking conversationally with the jurors. His mother seldom looked at him, maintaining her usual attitude, looking slightly downward and toward the judge's bench.
Frank had been talking only 10 minutes when he unexpectedly was interrupted by a heated argument between the opposing attorneys over Frank's explaining the time slips, including the one which the defense claims was taken from the time clock Sunday morning following the finding of Mary Phagan's body.
Frank had mentioned the time slips and was undertaking to make an explanation of the manner they are used when Attorney Rosser called for the slips for Frank to explain before the jury.
Solicitor Dorsey made an instant objection, arguing that the slips had not yet been placed in evidence. All four of the principal attorneys interested in the case were on their feet at once, two and sometimes three of them, were talking at the same time.
Papers Withheld.
Judge Roan was compelled to caution them to proceed parliamentarily. His ruling was that Frank might refer to them as much as he pleased, but that he must not go before the jury with them until they had been properly identified and offered for evidence. The same situation developed when Frank sought to explain the details of his work by means of papers and records of his office. He was allowed to sit in his chair and refer to them but not to exhibit them to the jurors.
Fearless and Direct.
Frank talked to the jurors directly and fearlessly. There was no trace of uncertainty in his voice or in his manner. He appeared exactly as though he were in an informal conference with some persons interested in the factory and was outlining his duties and leading up to some particular incident that had engaged their attention and interest.
He was entirely at ease. He assumed an easy pose in his chair, gestured frequently as he proceeded with his narrative, and occasionally changed his position. His hands most of the time were clasped in front of him, except when he illustrated a point with an unconscious gesture. He found it necessary often to adjust his glasses which seemed not to fit him perfectly.
Tells Complete Story.
He touched only briefly on his early history, telling merely of his place of birth, his career in school and college, his short business experience after his graduation and finally his coming to Atlanta in 1908 to take charge of the National Pencil Factory.
He began with Friday, August 25, the day before the crime and recounted his movements almost minute by minute. Coming to the fatal Saturday, he told of leaving his home, reaching his office, talking with his employees and taking up the work of the day.
He was given orders, records, acknowledgment of orders, record sheets, financial sheets and all the other minute details that are involved in the work of the office. Those that had been submitted in evidence he took before the jury and explained at length and in detail the amount of work required in getting these out.
His Own Best Witness.
Notebook in hand, Solicitor Dorsey took a seat almost directly in front of Frank, but this appeared to disturb the prisoner not in the least.
Through the major share of the remarkable address, with its clear-cut statements and explanations, there was little or no attempt at oratory, but the speech was unquestionably a most eloquent argument. As had been prophesied, Frank was his own best witness.
PAGE 3, COLUMN 1
LEO FRANK'S OWN STORY TO ADD FINAL TOUCH TO STATE'S GREATEST TRIAL
By JAMES B. NEVIN.
It is rather an extraordinary thing that on this Monday, the beginning of the fourth week of the most remarkable murder trial ever held in Georgia, the interest should be in nowise abated or lessened, and that the opening of court to-day saw the biggest, hungriest and most insistent crowd of curious spectators yet on hand at the opening of court.
Far from letting go the Phagan mystery, the public to-day seems to be gripping it even more eagerly than ever before.
Opinion still is widely divided as to the guilt or innocence of Leo Frank, and there have been many switches of conclusion and reversals of theory, pro and con, within the past week, and no doubt there is much more of the same sort of thing to come.
People to-day believe Frank guilty who started out believing him innocent, and the rule is working right around the other way, moreover!
Despite the many things that have been said and the countless things that have been written of the Frank trial and all that led up to it, it remains, on the threshold of its fourth week, the most absorbing melodrama ever enacted in Atlanta-the most bitterly fought and the most uncompromisingly contested trial known to the criminal history of the State of Georgia.
The principal parties to the case are, of course, Mary Phagan, the dead girl; Leo Frank 'the defendant at bar, and Jim Conley, the grimly accusing negro.
Four months ago no one of these people was known to many Georgians. Mary Phagan, a sweet little working girl, had a circle of perhaps a hundred friends-not 1 per cent of the population of Atlanta ever had heard of her.
Frank Little Known.
Leo Frank, the superintendent of the National Pencil Factory, was hardly known by very many more people-he had a business and college acquaintance, and a limited circle of social intimates. Not more than 2 or 3 per cent of Atlanta's population ever had heard of him.
Jim Conley, the negro, more than well known in police circles, along the way of the "Butt In" bar in Peters street, and a familiar figure enough along Darkest Decatur, numbered among his respectable acquaintances not more than 50 people -if nearly so many-perhaps.
Now-less than four months after the terrible deed enacted in the pencil factory on Saturday, April 26- there is not a hamlet a crossroads store or a country or city home in all Georgia that has not heard of every party to the sordid story, and that has not discussed everyone of them, together and singular, from every point of view imaginable!
It is more than morbid curiosity upon the part of people that prompts this great and never-flagging interest in the Phagan case-it is more than the mere fascination of crime that links the heart and mind of the people to it.
In the case of Leo Frank there is that indescribable element we call "human interest," that vague and elusive thing that tugs at the heartstrings and nags at the conscience- there is the knowledge upon the part of the public that a monstrous crime has been committed, and that responsibility for it must be fixed, no matter the cost and no matter the effort!
The public does not clamor for Leo Frank's life so much, nor for Jim Conley's-it demands that responsibility for Mary Phagan's brutal murder be fixed, and it will not be satisfied until that responsibility IS fixed.
At the same time, I believe-and I have believed all along-that the public wants to see justice done and fair play indulged in.
If Frank is not guilty he has been punished already beyond reason or reparation. He should be turned loose, with every amend decency and mistaken zeal may summon to their embarrassed effort at righting a frightful wrong.
If, however, he is guilty, and that is shown, then the inconvenience and discomfort accorded him thus far will matter little, if anything.
It is a tremendously big game the lawyers are playing in the stuffy little courtroom in the old City Hall Building.
On one side is the majesty of the law of the land, that must be maintained at any and all cost-that majesty of the law that may be invoked in behalf of the humblest no less than the highest. On the other hand is the defendant-an abstract thing in the sight of the law.
On one side is the great State of Georgia, calling for a "tooth for a tooth and an eye for an eye"-on the other side are those guaranteed rights of citizens, embodied in Frank, that must not be challenged lightly or without complete and compelling reason.
It Is a Big Game.
It is a big game-it involves that most precious of all gifts of God, a human life, and a human reputation, a home and the happiness thereof. It is a game, nevertheless, that involves on the contrary a sinister charge of utter unworthiness upon the part of the man who still protests his rights to these precious gifts, jealously given of a Divine Power, and as jealously guarded by His laws, no less than by the laws of human beings.
One can not get away from the conclusion, cited many times, that, after all is said and done, Frank's character will determine the verdict in the case now on trial.
His character will be found to be his greatest asset and his most sure dependence, in this his hour of pressing peril-as his lack of it, if shown, must prove to be his final and everlasting damnation.
Frank, by injecting his character in issue, has challenged the worst upon the part of the State.
He has cited scores of witnesses to uphold it-he has made a brave, and maybe an abundant, showing.
The State, however, says it will break down that character-that it will show Frank's unspeakable depravity, even as charged glibly and smugly by the negro, Conley, as yet uncorroborated by any person the most abandoned would care to believe.
If the State can do this thing--
Can it be possible that Frank, through all these years, has been leading a double life?
Can it be true that he has, while professing to be an honorable and upright man, a faithful husband, a dutiful and worthy son, a deserving and decent friend among his neighbors and his kind, nevertheless been, really, a moral degenerate, an ignoble and deceitful creature-and can it be that these things, so long and so cleverly concealed, at last led him to murder?
The State's Contention.
The State holds that his family circle, his intimate social acquaintances, and his business associates, would, as a matter of fact, be the last people in the world to know the truth of Frank's double life-for, say they, Frank would employ every artifice and summon to his aid every possible device to keep those very people from discovering the truth concerning him.
This, so the State contends, is precisely what Frank did do-and in that way they justify his alleged intimacy with Conley and his quick calling upon Conley for help, when eventually he found himself with the blood of a human being on his guilty hands.
The State is asking a good deal when it asks the public to believe this of Frank, in the light of the evidence of his good character tendered last week, and it hardly is possible that the public WILL believe it, unless the State makes its charges crystal clear.
Men will ask themselves-and will ask themselves wisely-whose reputation is safe, if it may be brushed away and broken down by the uncorroborated word of such a creature as Conley?
But, Conley uncorroborated in one thing-while Conley corroborated is quite and altogether another!
The State is yet to be heard in rebuttal of Frank's character witnesses -and so judgement must be suspended pending their revelations.
The only point is-and it has been an evident point so long that to re-emphasize it seems trite-the State must make good on its sinister charge of perversion and degeneracy upon the part of Frank, or its case will be greatly weakened, perhaps beyond repair.
I have an idea that Frank's statement on the stand may weigh heavily in the minds of the jury.
Frank the Star.
Indeed, it is not improbable that the very best jury speech and jury argument put forth in defense of Frank, with all due appreciation and respect of and for Mr. Rosser and Mr. Arnold, will be made by Leo Frank himself!
His statement, although not sworn to, will carry an appeal that hardly can be framed of other lips-either that, or it will fall flat and stale and of no consequence whatever.
The trial long ago resolved itself into a matter of Frank vs. Conley.
It is the defendant's word against the negro's.
Both have self interest in the verdict-the life of one or the other must pay the forfeit of Mary Phagan's murder.
The forthcoming statement of Frank, and the rebuttal of the character witnesses, constitute the two events ahead that may, within themselves, make or mar this case, as one may come to view it eventually.
And it is this situation, no doubt, that holds up the interest to-day, as the fourth week begins-for, despite all that has gone before, the case is not yet nearly ended, and there still remains many things undetermined.
PAGE 3, COLUMN 3
GIRL WORKER WHO TESTIFIES TO GOOD CHARACTER OF LEO FRANK
Miss Opie Dickerson, who praised Frank and denounced Conley.
She was one of many factory employees who aided accused.
PAGE 15, COLUMN 1
FRANK'S COMPLETE STORY WIFE IN TEARS AS FRANK CONCLUDES HIS REMARKABLE STORY
Leo Frank made the sensational charge Saturday afternoon that some one had made an erasure of the very writing he had placed on the time slip being Newt Lee's punches, of April 26, for the express purpose of identification.
"But they were not so successful that they obliterated it completely," said Frank, holding up the time slip, "although they did partly erase the red lines on the slip. You still can see the words, 'Taken out at 8:26 a. m.' and the two lines I drew under it." Frank said that he had folded the time slip and given it to Chief Lanford.
Frank took a rap at Chief of Detectives Lanford when he told of taking the chief past the very place near the ladies' dressing room where the supposed blood spots later were found. He said the chief, though making a thorough investigation, failed to take any notice of the spots which later were to play an important part in the case.
Frank at 5 o'clock had been talking almost ceaselessly for three hours to the jurors who will pass on his guilt or innocence of the charge of murder.
He presented a wonderful review of each detail of work of the day. He explained the time slips; he told of calling Newt Lee the night of the tragedy; he gave his version of the events on which the Solicitor has thrown a sinister interpretation.
Standing out in startling distinctness from the mass of detail in Frank's statement were a number of declarations in which the prisoner took sharp issue with the charges of Solicitor Dorsey and the testimony of some of the State's witnesses.
Hits Testimony of Girl.
One of his most important denials was that of Miss Helen Ferguson, who said she came to his office Friday night, April 25, for the pay of Mary Phagan and was refused.
"No one came into my office that night to ask me for his or her pay envelope or the pay envelope of any other party," he said, decisively.
Dorsey had contended that Frank refused the pay envelope to the Phagan girl as part of a deliberately pre-arranged plan to get her to the factory on the next day and attack her.
At other times he contradicted flatly the insinuations of the Solicitor that he had not done Saturday afternoon certain portions of the work his lawyers claimed for him.
Discussing the testimony of Monteen Stover that she had entered his office at 12:05 o'clock, and that he was absent, he said that this might easily be so. He declared, however, that he could not remember leaving his office from the time he returned to the factory at 11 o'clock until he went to the fourth floor at 12:50 o'clock. He said there were a number of things which might have called him from the room for a few moments.
Frank finished his remarkable story at 6:05. As he finished his wife burst into tears and swooned away. She was given attention by her mother, Mrs. Selig, and soon recovered.
It is doubtful if a tale so clearly told, so thorough in its detail, so logically presented ever has been related in a Georgia court of justice by a man over whom has hung the accusation of a horrible murder.
His wife smiled affectionately at him when he told of his marriage to her and said with feeling: "My married life has been exceptionally happy; in fact, the happiest period of my life."
Words Grow in Force.
His words, dispassionate at first, grew in force as he proceeded, but he seldom departed from his moderate tone of voice. The only exceptions were when he was referring to some particularly vital point.
At one point he adverted to one of the Solicitor's charges that he had not done all the work on Saturday that his lawyers claimed for him. Frank displayed a sheaf of requisitions to the jurors, and said with a trace of heat:
"Notwithstanding any insinuations that may have been made, I-wrote-these-requisitions!"
He brought out the closing words with a startling force he had not displayed before, emphasizing each word with a blow of his hand on the railing in front of the jury box.
At another time he held up a long sample case of vari-colored pencils to the view of the jury.
Solicitor Dorsey objected to the display of the pencils on the ground that they had not been introduced as evidence.
Frank smiled and said to the jurors:
"I guess you have seen enough of the pencils to perceive there are a great many kinds."
The spectators smiled with him as they saw he had accomplished all he desired.
FRANK LOOKS STRAIGHT INTO EYES OF JURYMEN
During his statement, Frank looked straight into the faces of the jurymen and talked very distinctly and deliberately. His voice was not very strong and the deputies had to rap frequently to keep down the noise.
Here is Frank's story as it was told with its various interruptions:
Mr. Arnold: "Now Mr. Frank, such papers as you want to use you can come down here at any time or from time to time and get them on this table right here."
The Court: "Before you commence your statement I want to read the law. In criminal procedure, the prisoner will have the right to make to the Court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath and shall have such force as the jury shall think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on cross-examination. He should feel free to decline to answer them. Now you can make such statement as you see fit."
The defendant said: "Gentlemen of the jury, in 1884, the 17th day of April, I was born in Terrell, Tex. At the age of three months my parents took me to Brooklyn, N. Y., which became my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn and prepared for college in Pratt Institute, Brooklyn, N. Y."
"In the fall of 1902 I entered Cornell University, where I took the course of mechanical engineering, graduating after four years, in June, 1906. I then accepted a position as draughtsman with the B. F. Sturdevant Company, of Hyde Park, Mass. After remaining with this firm for about six months I returned once more to my home in Brooklyn, where I accepted a position as testing engineer and draughtsman with the National Meter Company of Brooklyn, N. Y."
"I remained with these parties until about the middle of October, 1907, when at the invitation of some citizens of Atlanta, I came South to confer with them with reference to the starting and operation of a pencil factory to be located in Atlanta. After remaining here for about two weeks I returned once more to New York, where I engaged passage and went to Europe. I remained in Europe nine months. During my sojourn abroad I studied the pencil business and looked after the erection and testing of machinery which had been previously traded for."
Looked After the Purchase of Materials.
"In the first part of August, 1908, I returned once more to America, and immediately came South, to Atlanta, which has remained my home ever since. I married in Atlanta an Atlanta girl, Miss Lucille Selig. The major portion of my married life has been spent in the home of my parents-in-law, Mr. and Mrs. E. Selig, at No. 68 East Georgia avenue. My married life has been exceptionally happy, indeed-it has been the happiest days of my life."
"My duties as superintendent of the National Pencil Company were in general as follows: I took charge of the technical and mechanical end of the factory, looking after the processes and seeing that the product was turned out in quality equal to the standard which was set by our competitors. I looked after the installation of new machinery, and the purchasing of any machinery, and in addition I had charge of the office work at the Forsyth street plant, and the lead plant on Bell street."
"'I looked after the purchasing of the raw material.' I saw after the manufacture of pencils and kept up with the market of these materials and when the prices fluctuated so that the purchases could be made to the best possible advantage."
"On Friday, April 25, I arrived at the pencil factory on Forsyth street at about 7 o'clock, my usual time. I immediately started in on my regular routine work, looking over the papers I had laid out the evening before, and attending to any work that needed my special attention that morning."
"At about 9:30 I went over to the office of the general manager and treasurer, Mr. Sigmund Montag, whose office is at Montag Brothers on Nelson street. I stayed over there a short time, and got what papers had arrived in the mail-all the mail of the pencil factory comes over to their office. I got that mail and brought it back to the Forsyth street office. I then separated the mail and continued in my usual routine duties in the office on Forsyth street."
"At about 11 o'clock Mr. Schiff handed me the payroll book, covering the plants at Forsyth street and Bell street, for me to check over and see if the amounts and extensions were correct. Of course, this work has to be very carefully done, so that the proper amount of money is drawn from the bank. This checking took me until about 12:20 p. m."
Went to Bank To Get Pay Money.
"I then went over to Montag Brothers, took the checks drawn and had them signed by Mr. Sig. Montag, after which I returned to Forsyth street and got the leather bag in which I usually carried the money and the coin from the bank, and got the payroll slip, on which the various denominations which I desired to have on the payroll were made out, and went, accompanied by Mr. Herbert Schiff, my assistant, to the Atlanta National Bank, where I had the checks cashed."
"Returning to the factory in company with Mr. Schiff, I placed this bag containing the money for the payroll, in the safe and locked it. At this time my wife called for me and in her company and that of Mr. Schiff I went over to the car, and went with my wife home to lunch. After lunch I returned to the factory and took a tour for about an hour through the factory, after which I then assisted Mr. Schiff in checking over the amounts on the pay envelopes, checking the money against the duplicate slips that we had got from the bank to see that the correct amount had been given us, and helped Mr. Schiff in checking over the money and in filling the envelopes."
"This took us approximately until a quarter to six to fill the envelopes and seal them, and place them in a box we have there with two hundred pigeon holes in it, that we call our payoff box."
Paid One Man Check in Cash.
"While I was so occupied with Mr. Schiff in filling the envelopes, a young man named Wright who had helped us out in the office as clerk during the past week came in and I paid him in cash, as Mr. Schiff had neglected to put his name on the payroll. I just made out a ticket and put it in the payroll box, not the cash box, and continued in the office with Mr. Schiff, taking all the envelopes that were due the help that had worked from April 18 to April 24, inclusive, to pay them through the window in one side of the office. There is a little window built in the hall. I had stayed in my office, checking over the amount of money which had been left there."
"This amount should have been equal to the amount loaned out in advance to the help. I took a ticket out when we were filling the envelopes in checking this amount there. As near as I recollect it, it was about $15."
"I noticed a shortage of about $1.20, or something over a dollar, at any rate, and I kept checking to see if I could find the shortage in the various deductions which had been made. I could not locate it that evening, after the help had been paid off, during which time I stayed in my office. No one came into my office and asked me for the envelope or for an envelope of any other party."
"After the paying off of the help had taken place, Mr. Schiff returned and handed me the envelopes which were left over, bound with an elastic band, and I put them in the cash compartment, which is different from the cash box, the key to which is kept in my cash box, and placed them in the safe, and Mr. Schiff placed the amounts in the box, and placed the box in the safe and left them."
Tells of Putting Slips in Time Clock.
"I placed ... the time clock slips which were to be used the next day. I took the two time slips dated April 25, which had been used by the help on Friday, April 25-these are the two that I put in the slot" exhibiting the same to the jury.)
Mr. Dorsey thereupon vigorously protested that Mr. Frank should be allowed to exhibit these slips to the jury, because they had not been offered in evidence, on the grounds that they were immaterial and irrelevant, and on the second ground that he could not put them in evidence on his own statement.
Counsel for the defendant insisted, however, that they should be allowed to offer these slips in evidence, as they had been testified to by Mr. Darley and others. The testimony, however, was not produced, and Judge Roan ruled that Mr. Frank might make any statement concerning the same, but that he would withhold his ruling until further investigation. Mr. Frank thereupon proceeded to explain to the jury.
"Gentlemen, as I was saying, these two slips that have April 26, 1913, written at the bottom are the two slips I put in the clock on the evening of Friday, April 25, to be used on the day following, which, of course, was April 26."
Darley's Duty to Employ All Help.
"'I neglected to mention also, in going over my duties at the factory, that Mr. Darley was superintendent of labor and manufacture, and it fell to his duty to engage the help and distribute the help throughout the plant, and to discharge the help in case it was necessary. It was also due to him whether the wages were raised or not. In other words, he was the man that came directly in contact with the help. Moreover, he saw that the goods progressed through the plant without stopping, speedily and economically for their manufacture. '"
"'On Friday evening I got home at about 6:30, had my supper, washed up, and with my wife played a game of auction bridge at a friend's home in the evening. My wife and I returned home and retired about 11 o'clock.'"
"On Saturday, April 26, I rose between 7 and 7:30 and lie surely washed and dressed and ate my
Continued on Page 2, Column 1.
PAGE 16, COLUMN 1
FRANK DETAILS HIS OWN STORY TO JURY
Continued From Page 1.
breakfast, and caught a Washington Street or Georgia Avenue car. I don't really remember which, at the corner of Washing ton and Georgia avenue, and arrived at the factory, Forsyth street plant, at about 8:20."
"Upon my arrival at the factory I found Mr. Holloway, the day watchman, at nis usual place, and I greeted him in my usual way, and found Alonzo Mann, the office boy, in the office."
LEO M. FRANK AS HE TOLD HIS STORY ON WITNESS STAND
Frank appeared perfectly calm and collected as he went to the witness chair in his own behalf. He apparently welcomed the opportunity to tell of the famous crime from his view-point.
The accused man urged his lawyers to let the Solicitor and his aides cross-question him freely.
Opened Desk and Went to Work.
"I took off my coat and hat and opened my desk and opened the safe, and removed the various books and files and wire trays containing the various important papers which were placed there the evening before and distributing them in their proper places about the office. I then went out to the shipping room and conversed a few minutes with Mr. Irby, who was at that time shipping clerk, about the work he was going to do that morning."
"According to my recollection, we did no shipping that day, owing to the fact that the freight offices were not receiving any shipments, due to the fact that it was a holiday."
"I returned to my office and looked through the papers and sorted out those which I was going to take over on my usual trip to the general manager's office that morning."
"I then turned to the invoice covering shipments which were made by the pencil factory on Thursday, April 24, and which were typewritten on Friday, April 25, by Miss Eubanks, who was the stenographer who stayed at my office. She had hurried through with the office work on the day previous, so that she could go home and spend the holiday in the country where she lived. But I didn't get to check over the invoices on the shipments on Friday, due to the fact that Mr. Schiff and myself were completely occupied the entire day. So we left the factory with the payroll. So that naturally, these Invoices covering shipments which...were made on April 24, ought to have been sent to the customers, and I got right to work checking them."
"Now I have these invoices here (taking up the papers and exhibiting them to the jury). These papers have not been exhibited to you before, but I will explain them. You have seen some similar to these."
"Of all the mathematical work in the office of a pencil factory, this very operation, this very piece of work that I have now before me is the most important. It is the invoices covering shipments and is sent to the customer, and it is very important that the prices are correct, that the amount of goods shipped agrees with the amount which is on the invoices, that the terms are correct, and that the price is correct. Also, in some cases, there were freight deductions, all of which has to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer more than to receive invoices which are incorrect."
"Now, with reference to the work I did on these orders-that is not such an easy job as you might be led to believe. Here are initials. They represent the salesman who took the order. Sometimes I have to go through a world of papers to find out to whom to credit these orders."
"I notice that one of the orders to R. B. Kindele calls for a specialty. That has to be carefully noted and recorded. One column represents the shipping point, another the date, etc."
"The next step is to fill in the orders on this sheet. On this sheet I must separate the orders into price groups. Evidently no work has been done on this sheet since he went away. The reason this is done -in the pencil business as in all manufacturing businesses-it is advantageous to sell as much of the high-priced goods as possible."
"This sheet is the only means of telling how much of the various goods we are selling. It is the barometer of our business and requires most careful work."
Declares He Wrote Financial Sheet.
"After I have finished that work I have had to do this, and notwithstanding any insinuations that have been made, I wrote these requisitions."
Frank read the name on each requisition, which were the same as the names on the orders.
"Now that is all my handwriting, except what vas written at a subsequent date to April 26."
"Well, moreover, this operation this morning took me longer than it usually takes the ordinary person to check invoices because usually one calls out and the other checks, but I had this work all myself that morning. As I did this work this morning I saw that Miss Eubanks had evidently sacrificed accuracy to speed, and every one of them was wrong. I went over the invoices to make the corrections, figure them out, correct them, and make deductions, if any were to be made, and then get the total shipments, be cause since these shipments were made on April 24, which was Thursday and the last day of our fiscal week, and it was on this week which the financial report which I make out every Saturday afternoon, which has been my custom, so that the total shipments could be figured out, and therefore I could not let it go out at that, so I had to figure every invoice in its entirety, so I could get a figure I would be able to use."
"The first order here is to Hilton, Hart & Kern Co., Detroit, Mich. Here is the original order, which exists in our files in our office. Here is the original transaction which was made March 18, but it was not to be shipped until April 24. This is a small order, 100 gross of Number 2; and here is an order of the Packard Motor Car Company for 125 gross of No. 3, and 150 gross of No. 4. Those figures represent the grade of hardness of the lead in the pencil."
Explains How Orders are Filled.
Frank thereupon explained how such orders were usually filled, whether in part or in whole, and how the shipments were made, and continuing, said:
"In investigating shipments made by the pencil company our method is as follows: We make them in triplicate. Our first original is a white sheet that goes to the customer; the second is a pink sheet that goes over to the general manager's office and is filed serially, that is chronologically, that is, one date after the other, and from that the charges are made on the ledger, and the last sheet, the third sheet, or yellow sheet, which is here (exhibiting it) and those are placed in the files in my office, and are filed alphabetically. These yellow sheets that I have here are not the yellow sheets I had that day, because they have since been corrected, and I am just taking the corrected sheets. I made the corrections and Miss Eubanks corrected them on Monday - by the corrections I had on the white sheet from the corrections I made and I presume at that time made that correct."
Mr. Frank exhibited to the jury various orders similarly written, to H. W. Williams and Company, of Fort Worth, Tex.; The Fort Smith Paper Company, of Fort Smith, Ark.; S. O. Barnum & Sons, of Buffalo, N. Y.; F. L. Schmidt and Company, of Chicago, and H. S. Kress and Company, of New York.
"Now, there is an order that takes a great deal of study (referring to the Kress order) because in common with these five and ten cent syndicates, there is a great deal of red tape. These are invoices that were typed on April 25, Friday, and were shipped on April 24. It was the date on which the shipment was made irrespective of the date there, (referring to the date on the letter) and these were typewritten. In other words, shipments took place April 24, and that date was at the top, typewritten and stamped by the office at the bottom, April 24. Among other things that the S. H. Kress Company demand on their orders, we must state whether or not it is complete, must give the case number, and must tell by which railroad the shipment goes."
Checking Made Hard By Much Red Tape.
"Here is one for F. W. Woolworth and Company, Fort Wayne, Ind., which shows 35 pounds, less 86 cents per 100 pounds credit. In other words, we had to find out what was the weight of that was on a basis of 86 cents for every 100 pounds shipped. Then here is another one of our large distributors in New York. They have a freight allowance of 86 cents a 100 pounds also, and their shipments amounted to 618 pounds on Thursday, April 24."
"I started on this work. As I said, I have gone into it in some detail, to show you the carefulness with which the work must be carried out, and I was at work on this until about 9 o'clock, as near as I remember."
"Mr. Darley and Wade Campbell, the inspector of the factory, came into the outer office and I stopped what work I was doing, which was this work, and went to the outer office and chatted with Mr. Campbell for ten or fifteen minutes, conversed with them, joked with them and while I was talking with them, I think about 9:15, or a quarter after 9, Miss Mattie Smith came in and asked me for her pay envelope, and the envelope of her sister-in-law. I went to the safe and got out the package of envelopes that Mr. Schiff had given me the evening before, and placed the two remaining envelopes in my cash box, as I considered they might come in and I wanted to have them near at hand so that I could pay them off when they came in. I keep my cash box on the lower side of my desk. After Miss Smith had gone away with the envelopes, in a few minutes Mr. Darley came back with one of the envelopes, and pointed out an error in one of them, the one of the sister-in-law of Miss Mattie Smith, who had gotten too much money."
"When I took the amount which was too much, that amount balanced the error in the payroll that I had noticed the night before, and left about five or ten cents. Those things generally right themselves, anyhow. I continued to work on these invoices when I was interrupted by Mr. Lyon, the superintendent of Montag Brothers, and he brought me a pencil display box. He seemed to be in a hurry, and I told him if he would wait a minute I would go over with him, but he passed out of the office, and then I found a stopping place in the work I was working on, and I put on my coat and when I got to the outer office I found that Mr. Lyon had already left."
"Mr. Darley and I left about 9:35 or 9:40, and we got out of the factory and stopped at the corner of Hunter and Forsyth streets, where we each had a drink at Cruickshank's soda fountain, and I bought a package of my favorite cigarettes."
"After that conversation there I left him and went alone to Montag Brothers, where I arrived about 10 o'clock or maybe a little after. I entered Montag Brothers and spoke to Mr. Sig Montag, general manager, on business, and he brought the papers which I collect and laid them on his desk, and I then took the papers out, thrust them in the folder and took the other papers which I had in my folder, and
Continued on Page 3, Column 1.
PAGE 17, COLUMN 1
LEO FRANK'S OWN STORY ADDS FINAL TOUCHES TO STATE'S GREATEST TRIAL
then distributed them at the proper places in the Montag plant. I don't know just which ones they were."
Conversation With Miss Hall Recalled.
"In chatting with Mr. Montag I spoke to Mr. Montag and Mr. Korse, after that I spoke to Miss Hattie Hall, the pencil company's stenographer, who stays at Montag Brothers, and asked her to come over and help me that morning, as I have already told you, that these invoices were wrong, and I wanted her to help me on that work, and could not take it up to-morrow. In fact, I told her I had enough work to keep her busy that whole afternoon if she would stay. She said she didn't want to do that; she wanted to have at least a half holiday."
"I then spoke to members of the Montag Brothers force, on business matters, and then other matters. Also, I then spoke to Mr. Guttenheim, who was sales manager of the Montag Brothers and of the pencil factory, and then spoke to him about several of his orders that were in the factory. There were two of his orders that he paid special stress on that were desired to be shipped right away. I said, 'I don't know how far along in the process of manufacture the orders have proceeded, but if you can come back I can look it up and tell you when they can be shipped.' He said he could not come then, but he would come a little later. I told him I would be glad if he would come up a little later on in the afternoon; that I would be there until about 1 o'clock in the morning, and then about half past three. I then took the folder and returned."
Arrived at Factory At About 11 o'Clock.
"Upon arrival at the pencil factory I went up to the second or office floor, and then I noticed that the clock was perhaps five minutes after 11 o'clock, and I saw Mr. Holloway there, and I told him he could go as soon as he got ready. He told me he had some work to do for Harry Denham and Arthur White, who wanted to do some repairing on the top floor, and that he would do the work first."
"I then went to the office, and found Miss Hattie Hall, who had preceded me from Montag Brothers, and another young lady, who introduced herself to me as Mrs. Arthur White. Mrs. White wanted to see her husband. I went into the inner office, and took off my hat and coat and removed the papers which I had brought back from Montag Brothers and put the folder away."
Week's Sheet Left In Incomplete Form.
"It was about this time that I first heard the elevator motor start up, and the circular saw in the carpenter shop which was near to it, and I heard it sawing through some boards and thought it was evidently the work that Mr. Holloway had referred to."
"I separated the orders from the letters which required answers, and took from them the letters that did not need immediate attention and laid them in the various places, and it was about this time I had an idea I would like to see how far along the report sheets were which I used in getting up the financial report every Saturday afternoon. To my surprise I found that the sheet contains the records of the pencils packed for the week had been entered for Thursday. The last day of the fiscal week was omitted, and Mr. Schiff, evidently in the stress of figuring out and filling the envelopes for the payroll for Friday instead of Saturday, had evidently not had enough time. I told Alonzo Mann, the office boy, to call up Mr. Schiff and find out when he was coming down, and Alonzo said that the answer came back over the telephone that Mr. Schiff would be right down, so I didn't pay any more attention to that part of the work, because I expected Mr. Schiff to come down any minute."
Mrs. Freeman and Corinthia Hall Came In.
"It was about this time that Mrs. Emma Clark Freeman and Miss Corinthia Hall, two of the girls that worked on the fourth floor, came upstairs and asked to go upstairs and get Mrs. Freeman's coat, which permission I gave them. I told them at the same time to tell Arthur White that his wife was downstairs. A few minutes after they left my office two gentlemen came in, one of them Mr. Graham, and another gentleman, fathers of two boys who had gotten into some trouble during the noon recess and were taken down to police headquarters, and, of course, could not get their pay envelopes the night before. I gave the required envelopes to the two fathers, and chatted with them at some length in reference to the trouble that their boys had gotten into on the day previous."
"Just before they left the office Mrs. Emma Clark Freeman and Mrs. Corinthia Hall came into my office and asked my permission to use the telephone, and started using the telephone during the time these two gentlemen left my office. Previous to the time these two gentlemen came in I had called Miss Mattie Hall in and dictated what mail I had to give her, and she went out and was typewriting the mail."
Frank went back to the stand. He was handed a glass of water as he resumed his seat, but declined it.
"Miss Hall left my office," he continued, "on her way home at this time. There were then in the building Arthur White, Harry Denham and Mrs. White. It must have been from ten to fifteen minutes after that this little girl whom I afterwards found to be Mary Phagan came in. She asked for her pay. I got my cash box, referred to the number and gave her the envelope."
"As she went out, she stopped near my outer office door and said:"
"'Has the metal come?'"
Sound of Voice Made Little Impression.
"The safe door was open and I could not see her, but I answered 'No.' The last I heard was the sound of her footsteps going down the hall. But a few moments after she asked me, I had the impression of a voice saying something, but it made no impression on me."
"The little girl had hardly left the office when Lemmie Quinn came in. He said something to me about working on a holiday and went out. A few minutes before 1 o'clock, I called up my wife and told her I was coming to lunch at 1:15. I then went upstairs to where Denham and White were working and found they had a bit of the floor taken up and were sawing."
"I explained to them that I was going to lunch and would lock the door when I left. Mrs. White left at this time. Some lady said that at 12:35 o'clock she found me in front of the safe. It is barely possible that she did. I don't recall her being there. Her memory probably is fresher than mine on this point."
"When I went up stairs I asked Mr. White if his wife was going to stay there with him. She said no, that she would go. She left and then I got my hat and coat and left, locking the outer door."
"Now, gentlemen, to the best of my recollection from the time the whistle blew until I went upstairs to see Mr. White, I did not stir out of my office. I went on home."
"I called up my brother-in-law, Mr. Ursenbach, to tell him I was unable to keep the engagement to go to the ball game. The cook answered the phone."
"My wife and mother-in-law were going to the opera. My father-in-law and I ate lunch. He went into the backyard while I lit a cigarette and lay down for a moment."
"I left and while passing the home of Mrs. Wolfsheimer, saw Mrs. Michael on the porch. I went in to see her and saw Mrs. Wolfsheimer, Mr. Loeb and others."
Watched Parade When Street Cars Stopped.
"To catch the next car I ran down to Glenn street. On the car I met my wife's cousin, Mr. Loeb. The car was blocked at the corner of Washington and Hunter streets. I walked up to Whitehall street and stood there possibly for fifteen minutes watching the Memorial Day parade."
"As I walked down Whitehall street I met Miss Rebecca Carson. This was probably 3:10 or 3:15 o'clock. I greeted her and walked on. I stopped at Jacobs' Pharmacy and walked on. I went from there to the factory."
"When I reached there I went upstairs and let the boys know I had returned. A minute later, I returned to my office and started to work on the financial sheet."
"In a few minutes the clock bell rang and Arthur White came into the office to borrow two dollars. It was while I was at work on the sheet at probably 4 o'clock that I went to the toilet."
"As I returned toward the office, I noticed Newt Lee coming toward me from the head of the stairs. I told him he could go on off but to be sure and be back at 6 o'clock. I told him I was very sorry I could not let him know about the half holiday but that he was at liberty to enjoy himself as he saw fit, but that he must not fail to return at 6 o'clock."
"The first night that Newt Lee came to work at the factory, I took him over the building, and stressed the fact that he must go into the basement, especially the dust bin, every half hour."
"I told him it would be part of his duties to watch the back door. He was to make a complete tour every half hour and punch the clock."
"Now, I will return to the work of the financial sheet. This sheet contains the cost of all the pencils made that week. There are no names but this sample case will show you."
Evidence Excluded But Jury Sees It.
Frank unfolded a sample case.
Dorsey: "We object to this being used as evidence."
Judge Roan: "I sustain you."
Frank placed the sample case to one side.
"Well," he said, "you got a sufficient glance at those pencils to see there were a great many."
"In making up this sheet it was necessary to go through the list of all that were packed. Specials, of course, have to be figured separately.
"For instance, there is a special 60-60-x pencil known as 'Crackerjack.' Now I notice that the two expert accountants reported two errors. While they were unimportant, I wish to explain that those errors were not mine. They were made by Mr. Schiff. I never checked his figures. I checked over mine, but not his."
"Now the next is 'jobs.' The accountant found the only error in my financial sheet there in the item 'jobs.' It was not an error, as I will show you. He did not know my method of figuring."
"Two items here are totals. The total gross amount is 791 gross, the total value amount $396.75. In figuring the average I obtained $50.01. In that average he discovered an error. It was not an error. I simply did not go as far into the decimals as he did. One-tenth of a cent was close enough for my purpose."
"Now some of the items in here are taken from the reports of the foremen of the different departments."
Frank then exhibited a report from the foreman or forewoman of each department and explained it.
GIRL WORKER WHO TESTIFIES TO GOOD CHARACTER OF LEO FRANK
Miss Opie Dickerson, who praised Frank and denounced Conley.
She was one of many factory employees who aided accused.
"Then there is the report of Mr. Schiff, showing the gross of pencils shipped each day of that week - that week was an exceptionally heavy one."
"Now there is a little report here that constitutes one of the most difficult calculations. It is from the packing room. We have a trick of the trade to put the pencils that do not sell very fast into fancy packages to make them go."
"Now, very often these pencils are taken from the shelf, where they have laid for more than a year, and repacked in the fancy cases. I made all the calculations on this that afternoon, despite everything that has been said here to the contrary."
"Now here is a little sheet that deals with the grades of the pencils. It shows the totals for each class of pencils shipped that week. This data sheet - we have had very few clerks at the Forsyth street office capable of keeping it, because it requires rather advanced mathematics to reach the totals."
"Now I will have to get all my thoughts on this sheet. It isn't a hard job but it is a very tedious one and requires much care and accuracy. Here is rubber - cheap rubber and good rubber. Now it has been intimated that some of these items - this one in particular, if I am not mistaken - that I could take two that were already figured and subtract them from the total and get the cost of the third."
"That is not so. Some of the pencils haven't any rubber in them at all. I have to go through the same tedious operation on each item. There are various sorts of packing boxes used. Then there are the skeletons in the boxes. Some pencils don't have skeletons at all."
"All these items must be gone through accurately to get correct results of this sheet. Then there is no section on this data sheet showing the cost of tips. You can't use rubbers without tips, so, after figuring them, I just added them to the rubbers."
"Some pencils take wrappers and some don't. The very cheap pencils are tied with a cord, so we have the same tedious figuring again."
"The slat item is not worked out because I could not find the data. I just put it off until Monday."
"Here are the jobs - the payroll at Forsyth street and the payroll at Bell street."
"Now the shipments were figured for the week. I did part of that work in the morning and I explained to you about the invoices being wrong. Well, here are the items on this financial sheet. Then, as to the orders received. Entering the orders received that day involved no more work than transferring."
Has Own Method of Figuring Cost Data.
"Here they are in comparison to the amount shipped."
"One of the most intricate things in making out this financial sheet is figuring the cost data. This sheet I may say is a child of my own brain. The first one gotten out was gotten out by myself."
"This item here gives us the net value and the net amount of money the pencil factory received for its pencils. The burden that a business has to carry is its fixed charges - rent, insurance, certain salaries, etc. - the charges that are the same whether great or few pencils are made."
"The machine shop is variable. We did make many machines at first, but later the machine shop was used solely for upkeep. The slats are figured at 22 a gross. That cost was simple multiplication."
"The figuring of that price is not done in making out the financial sheet Saturday afternoon. Mr. Montag and myself figure that in advance, making allowance for profit, breakage, etc."
"I have here on the report of April 26 'Slats, not complete;' that was because Schiff had not made out the slat report, and I planned to complete it Monday morning before taking it to Montag."
"Now, beside the making this large sheet here and the financial sheet, there are three other sheets that I made out. Now, I want to call your attention to this. I did not typewrite it. I merely filled in the blanks. I have several of them typewritten and keep them in my desk."
"In addition to that I make out two condensed financial sheets, showing the principal figures. They are sufficient for a director or stockholder to see what the factory is doing."
Mailed Statements To Stockholders.
"One of these statements I mailed to my uncle, Mr. M. Frank, who is president of the company, and the other to Oscar Papenheimer, who was a director."
"I put one in an envelope and addressed it to Mr. Oscar Papenheimer; the other I sent to my uncle along with a price list, and I wrote him this letter."
"This price list is too long for an ordinary envelope, hence the large envelope."
"After finishing the financial sheet, I folded the large sheet and addressed it to Mr. Selig Montag. I then took up the checking up of the cash and balancing of the cash book. I did that work as near as I remember, between 5:30 and 5 minutes to 6 o'clock. It did not take me an hour and a half. I did it in about 25 minutes. There was $30.54. There couldn't have been any more. It was mostly in small change. There was one loan to Mr. White, making the total amount of cash $28.50."
"Beginning that week, we had $39.25 as a balance. We drew two checks of $15 each - I mean by that that we went to Mr. Montag's office and had him draw the checks. The total amount of money we had to account for was 69.25. What it was spent for, of course, is shown on the debit side."
Frank explained each of those items, including drayage, parcel post, etc.
"I found at the end a shortage of $4.34 coming about in payrolls within the last three months."
Drinks Water After Talking Two Hours.
At this point Frank paused to take a drink of water having been talking for 2 hours and 30 minutes.
"I finished this work I have just outlined," he continued, "at 5 minutes to 6 o'clock. I took those slips - I won't show them to you - stamped April 28. They were put into the clock because no one was coming into the office until Monday."
"Newt Lee's punches on Monday night would appear on the strip placed on the clock Monday night. Just before I left I put a new tape in the clock and made Newt Lee punch it. Then he went on down stairs to wait and let me out."
"As I started out of the factory, I saw Newt Lee talking to a man named Gantt, who had been released about two weeks before. I gave them permission to go into the factory and get Gant's shoes which he said were left there and I told Newt Lee to go with him."
"I reached home at about 6:25 o'clock and at 6:30, thinking Newt Lee would be near the clock, I called him over the phone to see if everything was all right. I could not get him. I called again at 7 o'clock and again at 7:30. At that time I got him and he told me everything was all right."
"That night my parents-in-law had company at the home. Those present were Mr. and Mrs. Marcus, Mrs. Goldstein, Mrs. M. Marx, Mrs. A. B. Marx, Mr. Ike Strauss - who came in at about 10 o'clock. I read a magazine until about 10:30 and then retired."
Told Officer He Did Not Know Girl.
At this juncture the jury retired for five minutes.
Frank conferred with his attorneys while the jury was out. Upon its return he resumed:
"I believe I have taken in every move Saturday night. I retired Saturday night. Sunday morning about 7 o'clock I was awakened by the telephone ringing and a man's voice which I afterwards found out to be Detective Starnes, said: 'I want you to come down to the factory.' 'What is the trouble?' I asked. 'Has there been a fire?' 'No,' he said. 'A tragedy has occurred.' I said, 'All right,' and he said he would send an auto."
"They came before I finished dressing. At this point I differ with the detectives, Black and Starnes, about where the conversation took place. They say it was after we were in the machine. I say it was before we left the house, before my wife. At any rate, here is what was said:"
"They asked me if I knew Mary Phagan. I answered that I did not. They asked me if I did not pay off a little girl with long hair down her back the afternoon before. I said I did. They said they wanted me to go to the undertaking establishment to see if I could identify the body. They made the trip to the undertaking establishment very quickly. I went in and stood in the doorway. The attendant removed the sheet from the little girl's face and turned the head toward me. His finger was right by the cut on the head. I noticed her nostrils were filled with dirt and cinders and there were several discolorations. I noticed a piece of cord around her neck, the kind we used in the pencil factory. I said it looked like a little girl that came to the factory the day before."
"They had already told me it was Mary Phagan. We went to the factory and by examining the payroll I found that Mary Phagan had drawn her pay the day before and that the amount was $1.20."
"As we went into the factory I noticed Mr. Darley going in. We went to the office and I found Newt Lee in the custody of the officers. They told me they wanted to go down into the basement. I got the elevator key, but when I tried to start the elevator machinery I found I could not and I told Mr. Darley to see if he could start it."
Admits Nervousness And Defends Himself.
"He started the car, and when we got further down I found that one of the chains had slipped. They showed me where the body was found, where the shoe was found and pointed out every thing that was at that time known. After looking about the basement we got some nails and a hammer, and Mr. Darley nailed up the back door. Back upstairs Mr. Darley, Chief Lanford and myself went on a tour of inspection of the three upper floors. We went through the metal room, the same metal room that has figured so prominently in this trial, and neither Mr. Darley nor myself noticed anything particular on that floor. Nor did Sergeant Lanford, chief of the Atlanta detective force."
"We went to the time clock. I took out the slip- and a casual note of this ship would indicate nothing was on it. There was something on it. It had been partially rubbed out. It could not be rubbed out altogether without rubbing out the printed lines. I did write with a pencil across the face of it, '8:26 a. m.' We noticed a slip but overlooked any skips. I folded the time slip as it is now and handed it to Chief Lanford. Now, gentlemen, I have heard a great deal during this trial about nervousness."
"I was nervous. I was completely unstrung. Imagine yourself called from sound slumber in the early hours of the morning, whisked through the chill morning air without breakfast, to go into that undertaking establishment and have the light suddenly flashed on a scene like that. To see that little girl on the dawn of womanhood so cruelly murdered - it was a scene that would have melted stone. Is it any wonder I was nervous?"
Notes Found by Dead Girl's Body Described.
"I got in an automobile and sat on Mr. Darley's knee. I was trembling, perhaps. Later Sunday morning, I went to the home of Mr. Sig Montag and told him what had occurred. I got home about 11 o'clock. My wife and I went over to my sister-in-law's, Mrs. Ursenbach's, and with a number of friends we discussed the tragedy."
"We went back home to dinner and mentioned there the terrible crime. After dinner I read a short time and about 10 minutes to 3 o'clock caught a car downtown."
"The conversation on the car was about the little girl that had been found dead in the factory."
At 3:10 o'clock I went back to the undertaking establishment and found Joe Stelka there.
"On Monday I went to the police station with Darley and he said he would like to talk to Newt Lee alone. We were shown the two notes found by the side of the slain girl."
Frank then described the notes.
"Now, on one of the notes there was an erasure, but the tracing was still discernable. It was January 11, 1912. The order number was very indistinct, but it was evidently an old serial number."
"Returning to my home at 4:15 I met Mr. Haas and he asked me about the murder. Several people on the street also asked me."
"I remained at home until 5 o'clock, then I went to Mr. Montag's home and made a report of the tragedy to him. From there I went to the home of Mr. Marcus where I had received a telephone message from my wife, and I went by there to get her."
"At supper that night the conversation was again about the murder. After supper I read the paper. I called up Mr. Marcus and asked him if he would come down. He said he could not."
"Mr. and Mrs. Selig had a party that night. About 10 o'clock, my wife and I went up to bed. Next morning before I had finished dressing, the door bell rang. It was Detectives Black and Hazelett. They said they wanted me to go to the police station with them."
Kept in Ignorance of Charge Against Him.
"I went and on the way I asked them what was the trouble. They said Chief Lanford would tell me."
"I arrived at the police station and sat in an outer office for probably an hour without seeing Chief Lanford. Near 9 o'clock, Mr. Sel Montag and Mr. Herbert Haas came down. Near 10 o'clock I saw Mr. Rosser. He came in and said, "Hello boys, what's the trouble."
"Mr. Haas took him off to one side. Chief Lanford came out and said to me: 'Come in here.'"
"I went into his office. He handed me the time slips and if I am not mistaken this same time slip had the figures still unerased: '8:26 a. m.'"
"I took the slip and examined it closely, discovering the slips. There seemed to be some altercation about Mr. Rosser getting into the room with me. I heard him say: 'I am going into that room. That man is my client.' Chief Beavers asked me if I would give him a statement."
"I heard Mr. Rosser say: "Why, it's preposterous. The man who did that would have signs on his
Continued on Page 5, Column 1.
PAGE 19, COLUMN 1
ACCUSED DID NOT PEER INTO GIRLS' DRESSING ROOM, WORKER SAYS
Continued from Page 3.
body." I jumped up and, opening my clothes, let the detectives see for themselves.
"I then gave them a statement, willingly and freely and without any reluctance. Then one of them said something about examining my linen at my home. I knew that none of it had gone to the laundry at that time and invited the detectives to make a search, which they did. Mr. Herbert Schiff went with them. They were very well satisfied with the search, or rather, they found nothing."
Employed Pinkertons
To Aid the Police.
"That afternoon I telephoned Mr. Schiff to get Mr. Montag's permission to employ the Pinkertons to aid the police. I told him I would be down about 3 o'clock."
"I went around to Mr. Wolfsheimers, got into his automobile and went down town. I saw Mr. Schiff, Mr. Darley and a number of others, including Mr. Quinn."
"Mr. Quinn said he wanted to take me back to the metal room where it was claimed blood spots had been discovered and where the hair on the lathe was discovered by Mr. Barrett."
"I examined them closely, particularly the spots. I did not examine them standing up. I got down on my knees and examined them with a strong electric flashlight and I arrived at certain conclusions."
"That floor is grease, soap and dirt covered to a thickness varying from a quarter to half an inch."
"To return to that spot. I don't claim it was not blood. The space where these spots were adjoins the ladies' dressing room. There have been accidents which may not have been brought out in this trial. We do not report every time one of the employees cuts his finger."
"There are all sorts of paints around the factory. I have seen girls drop bottles in the hall, not exactly at that point, but near there. But the point about those spots is that when I examined them there was over them an accumulation of dirt not of days or weeks, but of at least three months."
Phoned to Prevent Alarm of Family.
"The white stuff was not fresh. It was dry. And another thing: if that compound had been put on the blood fresh, it would have been pink and not the white that it was."
"'Now, when the Atlanta papers containing the statement that I was detained were published, I telegraphed Mr. A. R. Montag to communicate with my uncle that I was no longer; that I had been released. I did this because I knew they would be alarmed if they saw the sensational stories in the papers.'"
"Harry Scott of the Pinkertons came in and spoke to me in the presence of Mr. Darley. He said he had not read the newspapers. I told him all that had been published and in addition the statement that Mrs. White had seen a negro about 1 o'clock on the first floor."
"After I had told him all I knew, I took him over the factory. On the second floor, I noticed him put several articles in his pocket. One I noticed was a piece of cord such as I learned had been found around Mary Phagan's neck. I asked him as to the rates of the Pinkertons. He told me and I informed Mr. Montag, who approved them."
"Mr. Scott said that at it was the usual custom of the Pinkertons, he would work hand in hand with the police. I went home and found my family there and sat up until about 10 o'clock, when I went to bed."
Gave Officers All Information Wanted.
"Tuesday a. m. I arose between 7 and 7:30 and caught the 8:10 car. I remember I got to the factory at 8:30. I went right into my routine work and at 9:30 o'clock went on my regular trip to Montag's. I then went back to the factory and to work again."
"After a while Detectives Black and Scott came and told me they wanted me to go to the station house. I went and I have been incarcerated since then."
"I went down in an automobile. They took me to Chief Lanford's office. I answered all the questions they asked. In a few minutes Detectives Scott and Black came in with a bundle."
"They then showed me a piece of material and asked me if I had a shirt like that. I told them I never had. They showed it to Newt Lee and they said he admitted having a shirt like that but declared he had never worn it."
"They then unfolded a bloody shirt."
"About 10 o'clock Mr. Rosser came down and said Chief Beavers thought it best for me to remain at the station, and they thought I might employ a supernumerary to avoid being locked up. I assented, because, of course, I could not do anything else."
"They wanted a sample of my handwriting. I told them I was willing. They dictated it word for word, spelling the unusual words. Detectives Starnes took me down to the desk sergeant and searched me."
"I was locked up in a cell while my father-in-law was providing a supernumerary."
"The detectives came to me and said: 'Mr. Frank, we would like to talk to you a little bit.' We went into a little room and they stressed the possibility of a couple being let in the pencil factory at night. Then they said:"
"'You talk to Lee. You are his boss. He will talk to you.'"
"The detectives told me to go after him strong and tell him we would both go to hell. Detective Black said that."
"I went in and talked to Lee. I tried to get him to talk. I said:"
"'Newt, you had better tell everything you know or you will get us both into trouble.' He stuck to his statement that he had told the whole truth."
"Then the detectives came in and I was initiated to the Atlanta police department third degree for the first time. Detective Black went after that poor negro. He called him every vile name he could think of. He fairly streamed with profanity."
"I want to touch upon a few accusations that have been leveled against me, besides this crime. The first is that I would not talk to the detectives. Let us look into that and see if there is any truth in that. I went there Sunday, Monday and Tuesday and discussed the matter freely and openly. I gave them a written statement. I talked to them at midnight. I talked to Newt Lee at their instance. What did they do? They grilled him. They twisted my words. They put words into his mouth he never heard. After that I said I washed my hands of them. They came to me again-Scott and Black. Black said: 'We are suspicious of that man Darley. Now, open up and tell us all you know about him.'
Could Not Trust Even
His Own Detectives.
"I said: 'He is the soul of honor.'"
"'Come on, Scott; nothing doing,' said Black."
"Then I knew I couldn't trust even our own Pinkerton detectives. After that I treated them with silence. That is why I would not see Conley surrounded by a bevy of city detectives. They would distort; they would falsify. That is the reason I kept my silence."
"Now this second charge that I knew Conley could write. The same day that Conley was arrested I was taken to the Tower. There was nothing in the papers that said he could not write. The first thing I knew about it Harry Gottheimer came to see me on May 12 and told me the Pinkertons had turned suspicion toward Conley, but that he stood them down he could not write."
"I told him that I had received too many notes from Conley not to know that he could write. I told Harry that if they would look into the drawer of the safe in my office they would find a card with a jeweler's name on it, and that if they would go to him he could probably show a contract that Conley had signed."
"Gentlemen, the first man that pointed out the way to prove Conley could write is sitting before you now."
"That other insinuation that is so dastardly that it is beyond the comprehension of a human being-that my wife didn't come to see me-she was down stairs at the police station. Rabbi Marx was with me. I advised with him whether I should let her come up or not. We had to restrain her."
Brands Conley Tale
As a Tissue of Lies.
"I know nothing of the murder of Mary Phagan. I never saw Jim Conley on that day."
"This man Dalton I never saw before this trial. He was never around the factory with Daisy Hopkins that I know of."
"Irene Jackson is mistaken. I have no recollection of ever looking in on the girls in the ladies dressing room when the girls were undressed."
"'That room on the fourth floor has no bath. It is simply a place in which young ladies can change their outer clothing. I might have looked in to see that they were not loafing. I heard complaints about them flirting and I wanted to stop it."
"The statement of Jim Conley is a tissue of lies. He never saw me with any women."
"Conley's statement about seeing me in improper positions with women is so vile that I have no words fit to denounce it."
"My father is notable to work. I have no relative of any means except my uncle in Atlanta."
"There is no fund raised to pay these attorneys. The fees are paid, but they were paid by sacrificing a portion of my family's small estate."
"Gentlemen, some newspaper men have called me the silent man in the Tower. I was silent, but it was advisedly. The time to talk is now. The place is here, and I have told you the whole truth."
Frank bowed slightly to the twelve men to whom he had addressed this remarkable statement and then stepped down from the stand. Court adjourned until 9 o'clock Tuesday morning.
Hapeville Episode Hinted by State.
That Frank rode on a street car to Hapeville with a girl the Saturday previous to the murder of Mary Phagan, and repeatedly sought to persuade her to leave the car with him was the sensational testimony Solicitor Dorsey endeavored to get from Mrs. J. G. Wardlow Monday.
Anticipating the nature of the questions the Solicitor was about to ask Mrs. Rae Frank, mother of the defendant, stopped her ears with her fingers and then rushed from the room. Attorneys for Frank at first objected to the questions and the jury was excused. It was at this moment that Mrs. Frank made her dramatic exit. She was evidently fearful of repeating her outburst of a few days ago.
Mrs. Wardlaw denied that she ever knew of such a circumstance. She denied as well that she had been told of it by Harmes Stanton or H. G. Baker, street car men.
Another sensation was created when the defense called to the stand Miss Emmeline Mayfield, the young woman whom the State maintains was in the dressing room when Frank looked in at one time. Miss Mayfield denied this was true.
Paving the way for the eagerly awaited statement of Frank, the lawyers for the defendant devoted Monday morning to the gathering up of the story ends of their case, most of the time being occupied with the testimony of character witnesses.
More than a score of women and girls employed in the National Pencil Company were called to tell what they knew of Frank's character and what they had observed of his conduct about the factory. All asserted that they never had known personally of any misconduct on the part of the superintendent and never had heard of any.
Explains Looking Into Dressing Room.
Mrs. Mattie Thompson proved one of the most important of the character witnesses. After testifying to Frank's good character, Mrs. Thompson declared that the girls on the fourth floor were in the habit at one time of flirting from the windows of the dressing room. She said that the practice became a matter of comment among the elder women on the fourth floor and that she finally took it upon herself to report it. Whereupon orders were issued against it.
The testimony of Mrs. Thompson was produced to provide a basis for the contention of the defense that Frank had opened the dressing room door on several occasions solely for the purpose of determining if his orders were being carried out.
Miss M. E. Fleming, a stenographer, said that she worked in Frank's office from April to December, 1912, and that she never had observed any misconduct on the superintendent's part nor had seen women visiting his office.
Godfrey Winecoff, superintendent of the lead plant of the National Pencil Company, testified that it was his custom to visit the pencil factory office every other Saturday afternoon about 3 o'clock. He said he always found Frank or Schiff, Frank's assistant-frequently both-working in the office. He asserted he never saw any women there.
A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday, and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.
When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for The Atlanta Journal.
Took Conley 15 Minutes To Tell Crime Details.
Branch was asked:
"Can you give any estimate of the time taken in conversation in Conley's re-enactment of the crime?" He replied that it took about fifteen minutes.
Q. You never said it was about half the total time, did you? A. I don't recall.
Attorney Arnold took the witness.
Q. You said it took about fifteen minutes to cover the time lost in conversation? A. Yes.
Q. He began at 12:18 and you left at 1:08? That would be about 50 minutes that you were there? A. Yes
Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?
Q. How long did he stay in the wardrobe? A. About one minute.
Q. Did you see Conley in the newspapermen's room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.
Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.
Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.
Q. How long did it take you? A. Four and one-half minutes
Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets? A. I did.
Q. How long did it take you?-A.
Three minutes and twenty seconds.
Q. Did you walk from Broad and Hunter streets to the Pencil Factory?
Employees of Factory Character Witnesses.
Miss M. E. Fleming was the next witness called. She is one of Frank's former stenographers. She testified on direct examination that Frank's character was good. Dorsey cross-questioned her.
Q. Were you ever there on Saturday day afternoon? A. No, I was off then.
Q. How long did it take you? A. One and one-half minutes.
The witness was excused.
Q. Did you ever see Mr. Frank work on the financial sheet Saturday mornings? A. Yes, I saw him work on it a little.
Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand.
Q. Did you visit the National Pencil factory on Saturdays between July 1, 1912 and May 1, 1913? A. Yes.
Q. What time? A. Three to 5 o'clock.
Q. How often? A. Almost every Saturday.
Q. Did you ever see women there in Frank's office? A. No.
Q. Who was there? A. Frank, Holloway, Schiff and the office boy.
Dorsey took the witness on cross-examination.
Q. Are you sure Holloway was there at 3 o'clock? A. Yes.
The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand and testified as to Frank's good character. Arnold questioned her.
Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there? A. I made a complaint about the girls flirting out of the window.
Dorsey took the witness on cross-examination.
Q. Who has talked to you in the last few days about what you were to swear on the stand here? A. Mr. Haas talked to me.
Registered Complaint About Girls Flirting.
Q. What did you tell him? A. About some of those flippy girls flirting out of the window. I have talked it over with Mrs. Carson and we decided to complain to Mr. Darley.
Q. Who was flirting? A. I don't know. It was only talked about the floor.
Q. Who was talking about it? A. Several of the girls were talking about it.
The witness was excused and Miss Annie Howard who has worked at the factory for fourteen months; Miss Lillie May Goodman, an employee on the second floor for over a year; Miss Cora Cowan, an employee for four years, and Miss B. D. Smith, an employee of four years' standing, testified to Frank's good character. Miss Jimmie Mayfield, another employee of the factory, said she was not familiar enough with Frank's character to testify.
Miss Irene Carson, a factory employee, testified to Frank's good character. She declared that she was with her sister Rebecca and saw Frank on Whitehall street Saturday, April 26. She was not cross-examined.
Miss Lizzie Word, an employee of the pencil factory; Miss Ida Holmes, who has worked at the factory more than four years; Miss Willie Hatchett, Miss Mary Hatchett, Mrs. O. Johns, an employee at the factory for four and one-half years, and Miss Georgia Denham, formerly an employee for two years, all testified as to Frank's good character.
Girl Employees Give Frank a Good Name.
Miss Bessie White also testified in behalf of Frank's character. Mrs. Lizzie Florence declared she only knew Frank by sight and was not acquainted with his character. Mrs. Zilley Spivey, an employee of the pencil factory for more than four
years, said Frank's character was good as far as she knew. Mrs. Minnie Smith and Miss Grace Atherton testified to Frank's good character. Both are employees of the pencil factory.
Miss Ethel Barber, a young girl, said she had worked at the pencil factory for several years and she did not know Frank's character.
Miss Velvey Holland, a pencil factory employee, said she knew nothing of Frank's character.
Miss Marjorie Mc Cord, another employee, said Frank's character was good. Dorsey cross-examined her.
Q. What do you understand by his general character? A. He was always a perfect gentleman.
Q. Are you talking about what you heard or what you know?-I am talking about what I know.
The witness was excused and R. P. Butler, shipping clerk at the factory, was called. Arnold questioned him.
Q. Are the doors leading into the metal room of glass or wood? A. They are wooden with glass 15 by 18 inches in them.
Q. Can a man of ordinary height see through the glass? A. Yes.
Q. Is Mr. Frank's character good or bad? A. Good.
Dorsey took the witness on cross-examination.
Q. How wide are these doors? A. Six feet.
Q. Did you measure them? A. I did.
Q. They are down a long narrow passage way with boxes on both sides, are they not? A. The passageway is 10 feet wide except at one point.
Q. Right at the door it is very dark, isn't it? A. Not so very dark.
Q. Do those doors usually stay open or closed? A. Open.
Q. If any one was to sit to the right or left of those doors he could not be seen, could he? A. A person would have to be at least one foot to either one side or the other.
The witness was excused and Rabbi David Marx was recalled to the stand to explain the functions of the B'nai B'rith. After conferring with the attorneys for the State, Mr. Arnold said he knew the evidence was irrelevant and he would send the jury out if the State desired.
The State objected.
Hooper: "To relieve Mr. Arnold's mind, I will state that it is already definite that it is a charity organization."
Judge Roan ruled that the details of the organization were inadmissible. Attorney Rosser, with the consent of Solicitor Dorsey, then dictated to the stenographer without the jury hearing what he wanted to prove by Dr. Marx. Dr. Marx was then excused.
Mrs. S. A. Wilson testified that Frank's character was good. On cross-examination she stated that she had never heard anything against him.
Miss Lena Mc Murtrey, a girl in short dresses, said she had only worked at the factory for a short time and did not know Frank's character.
Mrs. Mary Bolton said she worked at the factory for six months about four years ago and that she had found Frank to be a perfect gentleman. She returned to work at the factory June 1.
Attorney Arnold remarked that he did not think the witness entirely qualified. Mrs. J. Johnson testified to Frank's good character. Charles Lee, a young man employed in the factory, said Frank's character was good. Lee said he had heard nothing against him.
Dorsey cross-examined him.
Q. You said the other day you gave a written statement about Duffy getting hurt? A. Yes.
Q. Have you seen that statement to refresh your memory? A. Yes.
Q. You signed it? A. I never said I signed it.
Q. Did you give a written statement and never signed it? A. It was written on a typewriter.
Q. What did you tell them that they put in that statement? A. I told them how he got cut on the right forefinger.
Q. Was there anything in the statement about him getting cut while putting on a brass roll? A. No, because I put that on myself.
Mrs. J. G. Wardlaw, formerly Miss Lula Mc Donald, an employee in the pencil factory for four years, testified to Frank's good character.
Dorsey-I want to ask this lady some questions which counsel for the defense have already indicated they object to.
The jury was sent from the courtroom. Mrs. Rae Frank, mother of the defendant, held her hands over her ears to keep from hearing. After the jury went out she also retired. Mrs. Leo Frank retained her seat by her husband.
Never Heard of Frank On Car With Girl.
Q. You say you have never heard anything bad about Mr. Frank? A. No.
Q. You're sure you never talked to H. Stanton and H. M. Baker, in charge of a car, that Frank had a little girl with him and tried to get her to get on the car with him, and that he had his arm around her? A. No.
Judge Roan ruled the questions were admissible, and when the jury returned Solicitor Dorsey repeated the questions and received the same reply. The witness was excused.
Frank Siganke, an employee of the pencil company; N. V. Darley, assistant superintendent, and E. F. Holloway, the day watchman, testified to Frank's good character.
Miss Emmeline Mayfield, one of the girls who was said to have been in the dressing room at the time Frank looked in, was called to the stand. Arnold questioned her.
Q. Were you ever in the dressing room when Mr. Frank came in and looked at you? A. No.
Q. Were you ever in there undressed when he came in? A. No.
Dorsey took the witness on cross-examination.
Q. Do you know Miss Mamie Kitchens? A. Yes.
Q. Do you know Miss Irene Jackson? A. Yes.
Q. Do you recall Frank coming into the dressing room one day when either one of these young ladies were in there with you? A. No.
The witness was excused, and the defense then introduced documentary evidence, including the financial sheet and the model of the pencil factory. Attorney Arnold stated to a Georgian reporter that as soon as this was introduced Frank would go upon the stand.
The following documentary evidence was offered: All of the financial sheets of the National Pencil Company from June 1, 1912, to April 24, 1913; the letter from Leo Frank, dated April 26, 1913, to his uncle, M. Frank, in New York; the data from which the financial sheet of April 26 was made; twelve requisitions identified by Herbert Schiff as being made out in the handwriting of Leo Frank; ten orders dated April 26; ten carbon copies identified by Miss Hattie Hall as having been taken down and written by her Saturday morning, April 26; eleven orders recorded on the house order book April 26; page 195 of the cash book of the National Pencil Company, covering entries from April 21 to April 26, 1913; four affidavits of Jim Conley; specimens of cabbage presented by Dr. Hancock; records of various convictions of C. B. Dalton. (The indictment pending against him was ruled out on the protest of Solicitor Dorsey.) Part of the testimony of Newt Lee before the Coroner when he explained the meeting between Gantt and Frank on the afternoon of the murder.
FRANK'S OWN STORY
PAGE 29, COLUMN 1
REMARKABLE STORY CREATES PROFOUND IMPRESSION ON ALL
From the lips of the man accused of the murder of Mary Phagan, came a remarkable story Monday afternoon.
The spectators in a densely packed courtroom listened with strained interest as Leo Frank told in graphic words of the events of the day which brought the charge of a terrible crime against him.
It is doubtful if a tale so clearly told, so thorough in its detail, so logically presented ever has been related in a Georgia court of justice by a man over whom has hung the accusation of a horrible murder.
His wife smiled affectionately at him when he told of his marriage to her and said with feeling: "My married life has been exceptionally happy; in fact, the happiest period of my life."
His words, dispassionate at first, grew in force as he proceeded, but he seldom departed from his moderate tone of voice. The only exceptions were when he was referring to some particularly vital point.
At on point he adverted to one of the Solicitor's charges that he had not done all the work on Saturday that his lawyers claimed for him. Frank displayed a sheaf of requisitions to the jurors, and said with a trace of heat:
"Notwithstanding any insinuations that may have been made, I-wrote-these-requisitions!"
He brought out the closing words with a startling force he had not displayed before, emphasizing each word with a blow of his hand on the railing in front of the jury box.
At another time he held up a long sample case of vari-colored pencils to the view of the jury.
Solicitor Dorsey objected to the display of the pencils on the ground that they had not been introduced as evidence.
Frank smiled and said to the jurors:
"I guess you have seen enough of the pencils to perceive there are a great many kinds."
The spectators smiled with him as they saw he had accomplished all he desired.
Here is Frank's story as it was told with its various interruptions:
Mr. Arnold: "Now Mr. Frank, such papers as you want to use you can come down here at any time or from time to time and get them on this table right here.
The Court: "Before you commence your statement I want to read the law. In criminal procedure, the prisoner will have the right to make to the Court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath and shall have such force as the jury shall think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on cross-examination. He should feel free to decline to answer them. Now you can make such statement as you see fit."
The defendant said: "Gentlemen of the jury, in 1884, the 17th day of April, I was born in Terrell, Tex. At the age of three months my parents took me to Brooklyn, N. Y., which became my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn and prepared for college in Pratt Institute, Brooklyn, N. Y."
"In the fall of 1902 I entered Cornell University, where I took the course of mechanical engineering, graduating after four years, in June, 1906. I then accepted a position as draughtsman with the B. F. Sturdevant Company, of Hyde Park, Mass. After remaining with this firm for about six months I returned once more to my home in Brooklyn, where I accepted a position as testing engineer and draughtsman with the National Meter Company of Brooklyn, N. Y."
"I remained with these parties until about the middle of October, 1907, when at the invitation of some citizens of Atlanta, I came South to confer with them with reference to the starting and operation of a pencil factory to be located in Atlanta. After remaining here for about two weeks I returned once more to New York, where I engaged passage and went to Europe. I remained in Europe nine months. During my sojourn abroad I studied the pencil business and looked after the erection and testing of machinery which had been previously traded for."
"In the first part of August, 1908, I returned once more to America, and immediately came South, to Atlanta, which has remained my home ever since. I married in Atlanta an Atlanta girl, Miss Lucille Selig. The major portion of my married life has been spent in the home of my parents-in-law, Mr. and Mrs. E. Selig, at No. 68 East Georgia avenue. My married life has been exceptionally happy, indeed-it has been the happiest days of my life."
"My duties as superintendent of the National Pencil Company were in general as follows: I took charge of the technical and mechanical end of the factory, looking after the processes and seeing that the product was turned out in quality equal to the standard which was set by our competitors. I looked after the installation of new machinery, and the purchasing of any machinery, and in addition I had charge of the office work at the Forsyth street plant, and the lead plant on Bell street."
Looked After the
Purchase of Materials.
"I looked after the purchasing of the raw material.' I saw after the manufacture of pencils and kept up with the market of these materials and when the prices fluctuated so that the purchases could be made to the best possible advantage."
"On Friday, April 25, I arrived at the pencil factory on Forsyth street at about 7 o'clock, my usual time. I immediately started in on my regular routine work, looking over the papers I had laid out the evening before, and attending to any work that needed my special attention that morning."
FRANK LOOKS STRAIGHT AT JURY AND TELLS STORY DELIBERATELY
During his statement, Frank looked straight into the faces of the jurymen and talked very distinctly and deliberately. His voice was not very strong and the deputies had to rap frequently to keep down the noise.
"At about 9:30 I went over to the office of the general manager and treasurer, Mr. Sigmund Montag, whose office is at Montag Brothers on Nelson street. I stayed over there a short time, and got what papers had arrived in the mail-all the mail of the pencil factory comes over to their office. I got that mail and brought it back to the Forsyth street office. I then separated the mail and continued in my usual routine duties in the office on Forsyth street."
"At about 11 o'clock Mr. Schiff handed me the payroll book, covering the plants at Forsyth street and Bell street, for me to check over and see if the amounts and extensions were correct. Of course, this work has to be very carefully done, so that the proper amount of money is drawn from the bank. This checking took me until about 12:20 p. m."
Went to Bank To Get Pay Money.
"I then went over to Montag Brothers, took the checks drawn and had them signed by Mr. Sig-Montag, after which I returned to Forsyth street and got the leather bag in which I usually carried the money and the coin from the bank, and got the payroll slip, on which the various denominations which I desired to have on the payroll were made out, and went, accompanied by Mr. Herbert Schiff, my assistant, to the Atlanta National Bank, where I had the checks cashed."
"Returning to the factory in company with Mr. Schiff, I placed this bag containing the money for the payroll, in the safe and locked it. At this time my wife called for me and in her company and that of Mr. Schiff I went over to the car, and went with my wife home to lunch. After lunch I returned to the factory and took a tour for about an hour through the factory, after which I then assisted Mr. Schiff in checking over the amounts on the pay envelopes, checking the money against the duplicate slips that we had got from the bank to see that the correct amount had been given us, and helped Mr. Schiff in checking over the money and in filling the envelopes."
"This took us approximately until a quarter to six to fill the envelopes and seal them, and place them in a box we have there with two hundred pigeon holes in it, that we call our payoff box."
Paid One Man Check in Cash.
"While I was so occupied with Mr. Schiff in filling the envelopes, a young man named Wright who had helped us out in the office as clerk during the past week came in and I paid him in cash, as Mr. Schiff had neglected to put his name on the payroll. I just made out a ticket and put it in the payroll box, not the cash box, and continued in the office with Mr. Schiff, taking all the envelopes that were due the help that had worked from April 18 to April 24, inclusive, to pay them through the window in one side of the office. There is a little window built in the hall. I had stayed in my office, checking over the amount of money which had been left there."
"This amount should have been equal to the amount loaned out in advance to the help. I took a ticket out when we were filling the envelopes in checking this amount there. As near as I recollect it, it was about $15."
"I noticed a shortage of about $1.20, or something over a dollar, at any rate, and I kept checking to see if I could find the shortage in the various deductions which had been made. I could not locate it that evening, after the help had been paid off, during which time I stayed in my office. No one came into my office and asked me for the envelope or for an envelope of any other party."
"After the paying off of the help had taken place, Mr. Schiff returned and handed me the envelopes which were left over, bound with an elastic band, and I put them in the cash compartment, which is different from the cash box, the key to which is kept in my cash box, and placed them in the safe, and Mr. Schiff placed the amounts in the box, and placed the box in the safe and left them.
Tells of Putting Slips in Time Clock.
"I placed in the time clock slips which were to be used the next day. I took the two time slips dated April 25, which had been used by the help on Friday, April 25-these are the two that I put in the slot" (exhibiting the same to the jury.)
Mr. Dorsey thereupon vigorously protested that Mr. Frank should be allowed to exhibit these slips to the jury, because they had not been offered in evidence, on the grounds that they were immaterial and irrelevant, and on the second ground that he could not put them in evidence on his own statement.
Counsel for the defendant insisted, however, that they should be allowed to offer these slips in evidence, as they had been testified to by Mr. Darley and others. The testimony, however, was not produced, and Judge Roan ruled that Mr. Frank might make any statement concerning the same, but that he would withhold his ruling until further investigation. Mr. Frank thereupon proceeded to explain to the jury.
"Gentlemen, as I was saying, these two slips that have April 26, 1913, written at the bottom are the two slips I put in the clock on the evening of Friday, April 25, to be used on the day following, which, of course, was April 26.
"'I neglected to mention also, in going over my duties at the factory, that Mr. Darley was super-intendent of labor and manufacture, and it fell to his duty to engage the help and distribute the help throughout the plant, and to discharge the help in case it was necessary. It was also due to him whether the wages were raised or not. In other words, he was the man that came directly in contact with the help. Moreover, he saw that the goods progressed through the plant without stopping, speedily and economically for their manufacture.'"
"'On Friday evening I got home at about 6:30, had my supper, washed up, and with my wife played a game of auction bridge at a friend's home in the evening. My wife and I returned home and retired about 11 o'clock."'
"On Saturday, April 26, I rose between 7 and 7:30 and liesurely washed and dressed and ate my breakfast, and caught a Washington Street or Georgia Avenue car. I don't really remember which, at the corner of Washington and Georgia avenue, and arrived at the factory, Forsyth street plant, at about 8:20."
"Upon my arrival at the factory I found Mr. Holloway, the day watchman, at his usual place, and I greeted him in my usual way, and found Alonzo Mann, the office boy, in the office."
"I took off my coat and hat and opened my desk and opened the safe, and removed the various
Continued on Page 2, Column 1.
PAGE 30, COLUMN 1
FRANK DETAILS HIS OWN STORY TO JURY
Continued From Page 1.
books and files and wire trays containing the various important papers which were placed there the evening before and distributing them in their proper places about the office. I then went out to the shipping room and conversed a few minutes with Mr. Irby, who was at that time shipping clerk, about the work he was going to do that morning.
LEO M. FRANK AS HE TOLD HIS STORY ON WITNESS STAND
Frank appeared perfectly calm and collected as he went to the witness chair in his own behalf. He apparently welcomed the opportunity to tell of the famous crime from his view-point.
The accused man urged his lawyers to let the Solicitor and his aides cross-question him freely.
"According to my recollection, we did no shipping that day, owing to the fact that the freight offices were not receiving any shipments, due to the fact that it was a holiday.
"I returned to my office and looked through the papers and sorted out those which I was going to take over on my usual trip to the general manager's office that morning.
"I then turned to the invoice covering shipments which were made by the pencil factory on Thursday, April 24, and which were typewritten on Friday, April 25, by Miss Eubanks, who was the stenographer who stayed at my office. She had hurried through with the office work on the day previous, so that she could go home and spend the holiday in the country where she lived. But I didn't get to check over the invoices on the shipments on Friday, due to the fact that Mr. Schiff and myself were completely occupied the entire day. So we left the factory with the payroll. So that naturally, these invoices covering shipments which were made on April 24, ought to have been sent to the customers, and I got right to work checking them.
Shows Invoices to Jury First Time.
"Now I have these invoices here (taking up the papers and exhibiting them to the jury). These papers have not been exhibited to you before, but I will explain them. You have seen some similar to these.
"Of all the mathematical work in the office of a pencil factory, this very operation, this very piece of work that I have now before me is the most important. It is the invoices covering shipments and is cent to the customer, and it is very important that the prices are correct, that the amount of goods shipped agrees with the amount which is on the invoices, that the terms are correct, and that the price is correct. Also, in some cases, there were freight deductions, all of which has to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer more than to receive invoices which are incorrect.
"Now, with reference to the work I did on these orders-that is not such an easy job as you might be led to believe. Here are initials. They represent the salesman who took the order. Sometimes I have to go through a world of papers to find out to whom to credit these orders.
"I notice that one of the orders to R. B. Kindele calls for a specialty. That has to be carefully noted and recorded. One column represents the shipping point, another the date, etc."
"The next step is to fill in the orders on this sheet. On this sheet I must separate the orders into price groups. Evidently no work has been done on this sheet since he went away. The reason this is done -in the pencil business as in all manufacturing businesses-it is advantageous to sell as much of the high-priced goods as possible."
"This sheet is the only means of telling how much of the various goods we are selling. It is the barometer of our business and requires most careful work."
Declares He Wrote Financial Sheet.
"After I have finished that work I have had to do this, and notwithstanding any insinuations that have been made, I wrote these requisitions."
Frank read the name on each requisition, which were the same as the names on the orders.
"Now that is all my handwriting, except what was written at a subsequent date to April 26."
Frank went back to the stand. He was handed a glass of water as he resumed his seat, but declined it.
"Miss Hall left my office" he continued, "on her way home at this time. There were then in the building Arthur White, Harry Denham and Mrs. White. It must have been from ten to fifteen minutes after that this little girl whom I afterwards found to be Mary Phagan came in. She asked for her pay. I got my cash box, referred to the number and gave her the envelope."
"As she went out, she stopped near my outer office door and said:"
"'Has the metal come?'"
Sound of Voice Made Little Impression.
"The safe door was open and I could not see her, but I answered 'No.' The last I heard was the sound of her footsteps going down the hall. But a few moments after she asked me, I had the impression of a voice saying something, but it made no impression on me."
"The little girl had hardly left the office when Lemmie Quinn came in. He said something to me about working on a holiday and went out. A few minutes before 1 o'clock, I called up my wife and told her I was coming to lunch at 1:15. I then went upstairs to where Denham and White were working and found they had a bit of the floor taken up and were sawing."
"I explained to them that I was going to lunch and would lock the door when I left. Mrs. White left at this time. Some lady said that at 12:35 o'clock she found me in front of the safe. It is barely possible that she did. I don't recall her being there. Her memory probably is fresher than mine on this point."
'When I went up stairs I asked Mr. White if his wife was going to stay there with him. She said no, that she would go. She left and then I got my hat and coat and left, locking the outer door."
"Now, gentlemen, to the best of my recollection from the time the whistle blew until I went upstairs to see Mr. White, I did not stir out of my office. I went on home."
"I called up my brother-in-law, Mr. Ursenbach, to tell him I was unable to keep the engagement to go to the ball game. The cook answered the phone."
"My wife and mother-in-law were going to the opera. My father-in-law and I ate lunch. He went into the backyard while I lit a cigarette and lay down for a moment."
"I left and while passing the home of Mrs. Wolfsheimer, saw Mrs. Michael on the porch. I went in to see her and saw Mrs. Wolfsheimer, Mr. Loeb and others."
Watched Parade When
Street Cars Stopped.
"To catch the next car I ran down to Glenn street. On the car I met my wife's cousin, Mr. Loeb. The car was blocked at the corner of Washington and Hunter streets. I walked up to Whitehall street and stood there possibly for fifteen minutes watching the Memorial Day parade.
"As I walked down Whitehall street I met Miss Rebecca Carson. This was probably 3:10 or 3:15 o'clock. I greeted her and walked on. I stopped at Jacobs' Pharmacy and walked on. I went from there to the factory.
"When I reached there I went upstairs and let the boys know I had returned. A minute later, I returned to my office and started to work on the financial sheet.
"In a few minutes the clock bell rang and Arthur White came into the office to borrow two dollars. It was while I was at work on the sheet at probably 4 o'clock that I went to the toilet.
"As I returned toward the office, I noticed Newt Lee coming toward me from the head of the stairs. I told him he could go on off but to be sure and be back at 6 o'clock. I told him I was very sorry I could not let him know about the half holiday but that he was at liberty to enjoy himself as he saw fit, but that he must not fail to return at 6 o'clock.
"The first night that Newt Lee came to work at the factory, I took him over the building, and stressed the fact that he must go into the basement, especially the dust bin, every half hour.
"I told him it would be part of his duties to watch the back door. He was to make a complete tour every half hour and punch the clock.
"Now, I will return to the work of the financial sheet. This sheet contains the cost of all the pencils made that week. There are no names but this sample case will show you."
Evidence Excluded But Jury Sees It.
Frank unfolded a sample case.
Dorsey: "We object to this being used as evidence."
Judge Roan: "I sustain you."
Frank placed the sample case to one side.
"Well," he said, "you got a sufficient glance at those pencils to see there were a great many."
"In making up this sheet it was necessary to go through the list of all that were packed. Specials, of course, have to be figured separately.
"For instance, there is a special 60-60-x pencil known as 'Crackerjack.' Now I notice that the two expert accountants reported two errors. While they were unimportant, I wish to explain that those errors were not mine. They were made by Mr. Schiff. I never checked his figures. I checked over mine, but not his.
"Now the next is 'jobs.' The accountant found the only error in my financial sheet there in the item 'jobs.' It was not an error, as I will show you. He did not know my method of figuring.
"Two items here are totals. The total gross amount is 791 gross, the total value amount $396.75. In figuring the average I obtained $50.01. In that average he discovered an error. It was not an error. I simply did not go as far into the decimals as he did. One-tenth of a cent was close enough for my purpose.
"Now some of the items in here are taken from the reports of the foreman of the different departments."
Frank then exhibited a report from the foreman or forewoman of each department and explained it.
"Then there is the report of Mr. Schiff, showing the gross of pencils shipped each day of that week-that week was an exceptionally heavy one.
"Now there is a little report here that constitutes one of the most difficult calculations. It is from the packing room. We have a trick of the trade to put the pencils that do not sell very fast into fancy packages to make them go.
"Now, very often these pencils are taken from the shelf, where they have laid for more than a year, and repacked in the fancy cases. I made all the calculations on this that afternoon, despite everything that has been said here to the contrary.
"Now here is a little sheet that deals with the grades of the pencils. It shows the totals for each class of pencils shipped that week. This data sheet-we have had very few clerks at the Forsyth street office capable of keeping it, because it requires rather advanced mathematics to reach the totals."
PAGE 30, COLUMN 5
FRANK MAKES HIS OWN BEST WITNESS TELLING DIRECT DETAILED STORY
The eyes of Leo M. Frank's wife and his mother-in-law, Mrs. Emil Selig, were constantly upon him as he sat in the witness chair talking conversationally with the jurors. His mother seldom looked at him, maintaining her usual attitude, looking slightly downward and toward the judge's bench.
Frank had been talking only 10 minutes when he unexpectedly was interrupted by a heated argument between the opposing attorneys over Frank's explaining the time slips, including the one which the defense claims was taken from the time clock Sunday morning following the finding of Mary Phagan's body.
Frank had mentioned the time slips and was undertaking to make an explanation of the manner they are used when Attorney Rosser called for the slips for Frank to explain before the jury.
Solicitor Dorsey made an instant objection, arguing that the slips had not yet been placed in evidence. All four of the principal attorneys interested in the case were on their feet at once, two and sometimes three of them, were talking at the same time.
Papers Withheld.
Judge Roan was compelled to caution them to proceed parliamentarily. His ruling was that Frank might refer to them as much as he pleased, but that he must not go before the jury with them until they had been properly identified and offered for evidence. The same situation developed when Frank sought to explain the details of his work by means of papers and records of his office. He was allowed to sit in his chair and refer to them but not to exhibit them to the jurors.
Fearless and Direct.
Frank talked to the jurors directly and fearlessly. There was no trace of uncertainty in his voice or in his manner. He appeared exactly as though he were in an informal conference with some persons interested in the factory and was outlining his duties and leading up to some particular incident that had engaged their attention and interest.
He was entirely at ease. He assumed an easy pose in his chair, gestured frequently as he proceeded with his narrative, and occasionally changed his position. His hands most of the time were clasped in front of him, except when he illustrated a point with an unconscious gesture. He found it necessary often to adjust his glasses which seemed not to fit him perfectly.
Tells Complete Story.
He touched only briefly on his early history, telling merely of his place of birth, his career in school and college, his short business experience after his graduation and finally his coming to Atlanta in 1908 to take charge of the National Pencil Factory.
He began with Friday, August 25, the day before the crime and recounted his movements almost minute by minute. Coming to the fatal Saturday, he told of leaving his home, reaching his office, talking with his employees and taking up the work of the day.
He was given orders, records, acknowledgment of orders, record sheets, financial sheets and all the other minute details that are involved in the work of the office. Those that had been submitted in evidence he took before the jury and explained at length and in detail the amount of work required in getting these out.
His Own Best Witness.
Notebook in hand, Solicitor Dorsey took a seat almost directly in front of Frank, but this appeared to disturb the prisoner not in the least.
Through the major share of the remarkable address, with its clear-cut statements and explanations, there was little or no attempt at oratory, but the speech was unquestionably a most eloquent argument. As had been prophesied, Frank was his own best witness.
PAGE 31, COLUMN 1
LEO FRANK'S OWN STORY TO ADD FINAL TOUCH TO STATE'S GREATEST TRIAL
By JAMES B. NEVIN.
It is rather an extraordinary thing that on this Monday, the beginning of the fourth week of the most remarkable murder trial ever held in Georgia, the interest should be in nowise abated or lessened, and that the opening of court to-day saw the biggest, hungriest and most insistent crowd of curious spectators yet on hand at the opening of court.
Far from letting go the Phagan mystery, the public to-day seems to be gripping it even more eagerly than ever before.
Opinion still is widely divided as to the guilt or innocence of Leo Frank, and there have been many switches of conclusion and reversals of theory, pro and con, within the past week, and no doubt there is much more of the same sort of thing to come.
People to-day believe Frank guilty who started out believing him innocent, and the rule is working right around the other way, moreover!
Despite the many things that have been said and the countless things that have been written of the Frank trial and all that led up to it, it remains, on the threshold of its fourth week, the most absorbing melodrama ever enacted in Atlanta-the most bitterly fought and the most uncompromisingly contested trial known to the criminal history of the State of Georgia.
The principal parties to the case are, of course, Mary Phagan, the dead girl; Leo Frank 'the defendant at bar, and Jim Conley, the grimly accusing negro.
Four months ago no one of these people was known to many Georgians. Mary Phagan, a sweet little working girl, had a circle of perhaps a hundred friends-not 1 per cent of the population of Atlanta ever had heard of her.
Frank Little Known.
Leo Frank, the superintendent of the National Pencil Factory, was hardly known by very many more people-he had a business and college acquaintance, and a limited circle of social intimates. Not more than 2 or 3 per cent of Atlanta's population ever had heard of him.
Jim Conley, the negro, more than well known in police circles, along the way of the "Butt In" bar in Peters street, and a familiar figure enough along Darkest Decatur, numbered among his respectable acquaintances not more than 50 people -if nearly so many-perhaps.
Now-less than four months after the terrible deed enacted in the pencil factory on Saturday, April 26- there is not a hamlet a crossroads store or a country or city home in all Georgia that has not heard of every party to the sordid story, and that has not discussed everyone of them, together and singular, from every point of view imaginable!
It is more than morbid curiosity upon the part of people that prompts this great and never-flagging interest in the Phagan case-it is more than the mere fascination of crime that links the heart and mind of the people to it.
In the case of Leo Frank there is that indescribable element we call "human interest," that vague and elusive thing that tugs at the heartstrings and nags at the conscience- there is the knowledge upon the part of the public that a monstrous crime has been committed, and that responsibility for it must be fixed, no matter the cost and no matter the effort!
The public does not clamor for Leo Frank's life so much, nor for Jim Conley's-it demands that responsibility for Mary Phagan's brutal murder be fixed, and it will not be satisfied until that responsibility IS fixed.
At the same time, I believe-and I have believed all along-that the public wants to see justice done and fair play indulged in.
If Frank is not guilty he has been punished already beyond reason or reparation. He should be turned loose, with every amend decency and mistaken zeal may summon to their embarrassed effort at righting a frightful wrong.
If, however, he is guilty, and that is shown, then the inconvenience and discomfort accorded him thus far will matter little, if anything.
It is a tremendously big game the lawyers are playing in the stuffy little courtroom in the old City Hall Building.
On one side is the majesty of the law of the land, that must be maintained at any and all cost-that majesty of the law that may be invoked in behalf of the humblest no less than the highest. On the other hand is the defendant-an abstract thing in the sight of the law.
On one side is the great State of Georgia, calling for a "tooth for a tooth and an eye for an eye"-on the other side are those guaranteed rights of citizens, embodied in Frank, that must not be challenged lightly or without complete and compelling reason.
It Is a Big Game.
It is a big game-it involves that most precious of all gifts of God, a human life, and a human reputation, a home and the happiness thereof. It is a game, nevertheless, that involves on the contrary a sinister charge of utter unworthiness upon the part of the man who still protests his rights to these precious gifts, jealously given of a Divine Power, and as jealously guarded by His laws, no less than by the laws of human beings.
One can not get away from the conclusion, cited many times, that, after all is said and done, Frank's character will determine the verdict in the case now on trial.
His character will be found to be his greatest asset and his most sure dependence, in this his hour of pressing peril-as his lack of it, if shown, must prove to be his final and everlasting damnation.
Frank, by injecting his character in issue, has challenged the worst upon the part of the State.
He has cited scores of witnesses to uphold it-he has made a brave, and maybe an abundant, showing.
The State, however, says it will break down that character-that it will show Frank's unspeakable depravity, even as charged glibly and smugly by the negro, Conley, as yet uncorroborated by any person the most abandoned would care to believe.
If the State can do this thing--
Can it be possible that Frank, through all these years, has been leading a double life?
Can it be true that he has, while professing to be an honorable and upright man, a faithful husband, a dutiful and worthy son, a deserving and decent friend among his neighbors and his kind, nevertheless been, really, a moral degenerate, an ignoble and deceitful creature-and can it be that these things, so long and so cleverly concealed, at last led him to murder?
The State's Contention.
The State holds that his family circle, his intimate social acquaintances, and his business associates, would, as a matter of fact, be the last people in the world to know the truth of Frank's double life-for, say they, Frank would employ every artifice and summon to his aid every possible device to keep those very people from discovering the truth concerning him.
This, so the State contends, is precisely what Frank did do-and in that way they justify his alleged intimacy with Conley and his quick calling upon Conley for help, when eventually he found himself with the blood of a human being on his guilty hands.
The State is asking a good deal when it asks the public to believe this of Frank, in the light of the evidence of his good character tendered last week, and it hardly is possible that the public WILL believe it, unless the State makes its charges crystal clear.
Men will ask themselves-and will ask themselves wisely-whose reputation is safe, if it may be brushed away and broken down by the uncorroborated word of such a creature as Conley?
But, Conley uncorroborated in one thing-while Conley corroborated is quite and altogether another!
The State is yet to be heard in rebuttal of Frank's character witnesses -and so judgement must be suspended pending their revelations.
The only point is-and it has been an evident point so long that to re-emphasize it seems trite-the State must make good on its sinister charge of perversion and degeneracy upon the part of Frank, or its case will be greatly weakened, perhaps beyond repair.
I have an idea that Frank's statement on the stand may weigh heavily in the minds of the jury.
Frank the Star.
Indeed, it is not improbable that the very best jury speech and jury argument put forth in defense of Frank, with all due appreciation and respect of and for Mr. Rosser and Mr. Arnold, will be made by Leo Frank himself!
His statement, although not sworn to, will carry an appeal that hardly can be framed of other lips-either that, or it will fall flat and stale and of no consequence whatever.
The trial long ago resolved itself into a matter of Frank vs. Conley.
It is the defendant's word against the negro's.
Both have self interest in the verdict-the life of one or the other must pay the forfeit of Mary Phagan's murder.
The forthcoming statement of Frank, and the rebuttal of the character witnesses, constitute the two events ahead that may, within themselves, make or mar this case, as one may come to view it eventually.
And it is this situation, no doubt, that holds up the interest to-day, as the fourth week begins-for, despite all that has gone before, the case is not yet nearly ended, and there still remains many things undetermined.
PAGE 31, COLUMN 3
GIRL WORKER WHO TESTIFIES TO GOOD CHARACTER OF LEO FRANK
Miss Opie Dickerson, who praised Frank and denounced Conley.
She was one of many factory employees who aided
accused.
PAGE 43, COLUMN 1
LEO M. FRANK AS HE TOLD HIS STORY ON WITNESS STAND
Frank appeared perfectly calm and collected as he went to the witness chair in his own behalf. He apparently welcomed the opportunity to tell of the famous crime from his view-point.
The accused man urged his lawyers to let the Solicitor and his aides cross-question him freely.
PAGE 43, COLUMN 1
FRANK TAKES STAND
PAGE 43, COLUMN 3
TELLS HIS STORY TO MEN WHO HOLD FATE
In a courtroom held silent by the thrill of expectancy, Leo M. Frank, charged with the murder of Mary Phagan, began Monday afternoon, with a striking calmness that gave added weight to his words, his own defense.
Step by step he took up his movements that tragic April 26 and talking slowly and distinctly he sought to impress upon the jury the falsity of every charge against him and the utter impossibility of his having any connection with the attack and strangulation of the brave little worker whose fate stirred Georgia as it has seldom been stirred before.
To the twelve jurors who have his fate in their hands, Leo M. Frank, accused of slaying Mary Phagan, made his appeal for life and liberty.
It was a dramatic close to the presentation of the case in Frank's behalf. The statement was the crowning point of the entire trial and was hoped by the defendant's lawyers to clinch and strengthen all of the favorable testimony that had gone before.
With scarcely a sign of emotion on his features, he began his story fraught with importance and interest. Just before, he unconcernedly had assisted his attorneys in picking out a number of documents to be identified in the record of the case. The momentous import of the occasion did not appear to weigh upon him heavily.
Outside a large crowd clamored for admission. They resembled nothing so much as the spectacle before a theater at a popular-priced matinee where hundreds are waiting to purchase their gallery seats.
The throng formed itself into two lines extending in both directions from the front doors of the courthouse around the building into the alley on one side and the whole length of the courthouse on Hunter street on the other side.
His Mother a Tense Listener.
The courtroom filled up with a rush as soon as the doors were opened. After that only three or four at a time were permitted to push their way through the doors. The others waited patiently in the hot sun through the long afternoon.
Mrs. Rae Frank, who rushed from the courtroom, her fingers in her ears earlier in the day when she anticipated another attack upon her son's character by the Solicitor, was present when he went to the stand. The younger Mrs. Frank had been in court all day.
While outwardly calm, the two women were evidently under great nervous tension as the crisis of the trial was reached. A big law book dropped, hitting a cuspidor with a clatter. The defendant's young wife jumped as though she had been struck.
Frank started his appeal at 2:05 o'clock in rather low but distinct tones. Aside from a preparatory clearing of his throat and a scarcely perceptible catch in his voice as he began his story, he displayed no signs of nervousness or agitation.
Before Arnold started the questioning, Judge Roan said to Frank:
"I want to read you the law," and read:
"In all criminal trials, the defendant has the right to make any statement he sees fit. He is not under oath. He does not have to submit to any cross-examination and can decline to answer any question. He can say as much or as little as he pleases."
"Mr. Frank," continued Judge Roan, "make your statement."
Hapeville Episode Hinted by State.
That Frank rode on a street car to Hapeville with a girl the Saturday previous to the murder of Mary Phagan and repeatedly sought to persuade her to leave the car with him was the sensational testimony Solicitor Dorsey endeavored to get from Mrs. J. G. Wardlow Monday.
Anticipating the nature of the questions the Solicitor was about to ask, Mrs. Rae Frank, mother of the defendant, stopped her ears with her fingers and then rushed from the room. Attorneys for Frank at first objected to the questions and the jury was excused. It was at this moment that Mrs. Frank made her dramatic exit. She was evidently fearful of repeating her outburst of a few days ago.
Mrs. Wardlaw denied that she ever knew of such a circumstance. She denied as well that she had been told of it by Harmes Stanton or H. G. Baker, street car men.
Another sensation was created when the defense called to the stand Miss Emmeline Mayfield, the young woman whom the State maintains was in the dressing room when Frank looked in at one time. Miss Mayfield denied this was true.
Paving the way for the eagerly awaited statement of Frank, the lawyers for the defendant devoted Monday morning to the gathering up of the story ends of their case, most of the time being occupied with the testimony of character witnesses. More than a score of women and girls employed in the National Pencil Company were called to tell what they know of Frank's character and what they had observed of his conduct about the factory. All asserted that they never had known personally of any misconduct on the part of the superintendent and never had heard of any.
Explains Looking Into Dressing Room.
Mrs. Mattie Thompson proved one of the most important of the character witnesses. After testifying to Frank's good character, Mrs. Thompson declared that the girls on the fourth floor were in the habit at one time of flirting from the windows of the dressing room. She said that the practice became a matter of comment among the elder women on the fourth floor and that she finally took it upon herself to report it. Whereupon orders were issued against it.
The testimony of Mrs. Thompson was produced to provide a basis for the contention of the defense that Frank had opened the dressing room door on several occasions solely for the purpose of determining if his orders were being carried out.
Miss M. E. Fleming, a stenographer, said that she worked in Frank's office from April to December, 1912, and that she never had observed any misconduct on the superintendent's part nor had seen women visiting his office.
Godfrey Winecoff, superintendent of the lead plant of the National Pencil Company, testified that it was his custom to visit the pencil factory office every other Saturday afternoon about 3 o'clock. He said he always found Frank or Schiff, Frank's assitant
PAGE 44, COLUMN 1
MOTHER LEAVES COURT TO KEEP FROM HEARING QUERIES
Great Crowd Is Again at Trial Expecting to Hear Leo Frank Testify
ACCUSED DID NOT PEER INTO GIRLS' DRESSING ROOM, WORKER SAYS
Continued from Page 1.
Assistant frequently both-working in the office. He asserted he never saw any women there.
A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday, and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.
When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for The Atlanta Journal.
Took Conley 15 Minutes To Tell Crime Details.
Branch was asked:
"Can you give any estimate of the time taken in conversation in Conley's re-enactment of the crime?" He replied that it took about fifteen minutes.
Q. You never said it was about half the total time, did you? A. I don't recall.
Attorney Arnold took the witness.
Q. You said it took about fifteen minutes to cover the time lost in conversation? A. Yes.
Q. He began at 12:18 and you left at 1:08? That would be about 50 minutes that you were there? A. Yes.
Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?
Q. How long did he stay in the wardrobe? A. About one minute.
Q. Did you see Conley in the newspapermen's room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.
Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.
Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.
Q. How long did it take you? A. Four and one-half minutes.
Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets? A. I did.
Q. How long did it take you? A. Three minutes and twenty seconds.
Q. Did you walk from Broad and Hunter streets to the Pencil Factory? A. Yes.
Q. How long did it take you? A. One and one-half minutes.
The witness was excused.
Employees of Factory Character Witnesses.
Miss M. E. Fleming was the next witness called. She is one of Frank's former stenographers. She testified on direct examination that Frank's character was good. Dorsey cross-questioned her.
Q. Were you ever there on Saturday afternoon? A. No, I was off then.
Q. Did you ever see Mr. Frank work on the financial sheet Saturday mornings? A. Yes, I saw him work on it a little.
Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand.
Q. Did you visit the National Pencil factory on Saturdays between July 1, 1912 and May 1, 1913? A. Yes.
Q. What time? A. Three to 5 o'clock.
Q. How often? A. Almost every Saturday.
Q. Did you ever see women there in Frank's office? A. No.
Q. Who was there? A. Frank, Holloway, Schiff and the office boy.
Dorsey took the witness on cross-examination.
Q. Are you sure Holloway was there at 3 o'clock? A. Yes.
The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand and testified as to Frank's good character. Arnold questioned her.
Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there? A. I made a complaint about the girls flirting out of the window.
Dorsey took the witness on cross-examination.
Q. Who has talked to you in the last few days about what you were to swear on the stand here? A. Mr. Haas talked to me.
Registered Complaint
About Girls Flirting.
Q. What did you tell him? A. About some of those flippy girls flirting out of the window. I have talked it over with Mrs. Carson and we decided to complain to Mr. Darley.
Q. Who was flirting? A. I don't know. It was only talked about the floor.
Q. Who was talking about it? A. Several of the girls were talking about it.
The witness was excused and Miss Annie Howard, who has worked at the factory for fourteen months; Miss Lillie May Goodman, an employee on the second floor for over a year; Miss Cora Cowan, an employee for four years, and Miss R. D. Smith, an employee of four years' standing, testified to Frank's good character. Miss Jimmie Mayfield, another employee of the factory, said she was not familiar enough with Frank's character to testify.
Miss Irene Carson, a factory employee, testified to Frank's good character. She declared that she was with her sister Rebecca and saw Frank on Whitehall street Saturday, April 26. She was not cross-examined.
Miss Lizzie Word, an employee of the pencil factory; Miss Ida Holmes, who has worked at the factory more than four years; Miss Willie Hatchett, Miss Mary Hatchett, Mrs. O. Johns, an employee at the factory for four and one-half years, and Miss Georgia Denham, formerly an employee for two years, all testified as to Frank's good character.
Girl Employees Give Frank a Good Name.
Miss Bessie White also testified in behalf of Frank's character. Mrs. Lizzie Florence declared she only knew Frank by sight and was not acquainted with his character. Mrs. Zilley Spivey, an employee of the pencil factory for more than four years, said Frank's character was good as far as she knew. Mrs. Minnie Smith and Miss Grace Atherton testified to Frank's good character. Both are employees of the pencil factory.
Miss Ethel Barber, a young girl, said she had worked at the pencil factory for several years and she did not know Frank's character.
Miss Velvey Holland, a pencil factory employee, said she knew nothing of Frank's character.
Miss Marjorie Mc Cord, another employee, said Frank's character was good. Dorsey cross-examined her.
Q. What do you understand by his general character? A. He was always a perfect gentleman.
Q. Are you talking about what you heard or what you know?-I am talking about what I know.
The witness was excused and R. P. Butler, shipping clerk at the factory, was called. Arnold questioned him.
Q. Are the doors leading into the metal room of glass or wood? A. They are wooden with glass 15 by 18 inches in them.
Q. Can a man of ordinary height see through the glass? A. Yes.
Q. Is Mr. Frank's character good or bad? A. Good.
Dorsey took the witness on cross-examination.
Q. How wide are these doors? A. Six feet.
Q. Did you measure them? A. I did.
Q. They are down a long narrow passage way with boxes on both sides, are they not? A. The passageway is 10 feet wide except at one point.
Q. Right at the door it is very dark, isn't it? A. Not so very dark.
Q. Do those doors usually stay open or closed? A. Open.
Q. If any one was to sit to the right or left of those doors he could not be seen, could he? A. A person would have to be at least one foot to either one side or the other.
Rabbi Marx Recalled But Not Questioned.
The witness was excused and Rabbi David Marx was recalled to the stand to explain the functions of the B'nai B'rith. After conferring with the attorneys for the State, Mr. Arnold said he knew the evidence was irrelevant and he would send the jury out if the State desired.
The State objected.
Hooper: "To relieve Mr. Arnold's mind, I will state that it is already definite that it is a charity organization."
Judge Roan ruled that the details of the organization were inadmissible. Attorney Rosser, with the consent of Solicitor Dorsey, then dictated to the stenographer without the jury hearing what he wanted to prove by Dr. Marx. Dr. Marx was then excused.
Mrs. S. A. Wilson testified that Frank's character was good. On cross-examination she stated that she had never heard anything against him.
Miss Lena Mc Murtrey, a girl in short dresses, said she had only worked at the factory for a short time and did not know Frank's character.
Mrs. Mary Bolton said she worked at the factory for six months about four years ago and that she had found Frank to be a perfect gentleman. She returned to work at the factory June 1.
Attorney Arnold remarked that he did not think the witness entirely qualified. Mrs. J. Johnson testified to Frank's good character. Charles Lee, a young man employed in the factory, said Frank's character was good. Lee said he had heard nothing against him.
Dorsey cross-examined him.
Q. You said the other day you gave a written statement about Duffy getting hurt? A. Yes.
Q. Have you seen that statement to refresh your memory? A. Yes.
Q. You signed it? A. I never said I signed it.
Q. Did you give a written statement and never signed it? A. It was written on a typewriter.
Q. What did you tell them that they put in that statement? A. I told them how he got cut on the right forefinger.
Q. Was there anything in the statement about him getting cut while putting on a brass roll? A. No, because I put that on myself.
Mrs. J. G. Wardlaw, formerly Miss Lula Mc Donald, an employee in the pencil factory for four years, testified to Frank's good character.
Dorsey-I want to ask this lady some questions which counsel for the defense have already indicated they object to.
The jury was sent from the courtroom. Mrs. Rae Frank, mother of the defendant, held her hands over her ears to keep from hearing. After the jury went out she also retired. Mrs. Leo Frank retained her seat by her husband.
Never Heard of Frank On Car With Girl.
Q. You say you have never heard anything bad about Mr. Frank? A. No.
Q. You're sure you never talked to H. Stanton and H. M. Baker, in charge of a car, that Frank had a little girl with him and tried to get her to get on the car with him, and that he had his arm around her? A. No.
Judge Roan ruled the questions were admissible, and when the jury returned Solicitor Dorsey repeated the questions and received the same reply. The witness was excused.
Frank Siganke, an employee of the pencil company; N. V. Darley, assistant superintendent, and E. F. Holloway, the day watchman, testified to Frank's good character.
Miss Emmeline Mayfield, one of the girls who was said to have been in the dressing room at the time Frank looked in, was called to the stand. Arnold questioned her.
Q. Were you ever in the dressing room when Mr. Frank came in and looked at you? A. No.
Q. Were you ever in there undressed when he came in? A. No.
Dorsey took the witness on cross-examination.
Q. Do you know Miss Mamie Kitchens? A. Yes.
Q. Do you know Miss Irene Jackson? A. Yes.
Q. Do you recall Frank coming into the dressing room one day when either one of these young ladies were in there with you? A. No.
The witness was excused, and the defense then introduced documentary evidence, including the financial sheet and the model of the pencil factory. Attorney Arnold stated to a Georgian reporter that as soon as this was introduced Frank would go upon the stand.
The following documentary evidence was offered: All of the financial sheets of the National Pencil Company from June 1, 1912, to April 24, 1913; the letter from Leo Frank, dated April 26, 1913, to his uncle, M. Frank, in New York; the data from which the financial sheet of April 26 was made; twelve requisitions identified by Herbert Schiff as being made out in the handwriting of Leo Frank; ten orders dated April 26; ten carbon copies identified by Miss Hattie Hall as having been taken down and written by her Saturday morning, April 26; eleven orders recorded on the house order book April 26; page 195 of the cash book of the National Pencil Company, covering entries from April 21 to April 26, 1913; four affidavits of Jim Conley; specimens of cabbage presented by Dr. Hancock; records of various convictions of C. B. Dalton. (The indictment pending against him was ruled out on the protest of Solicitor Dorsey.) Part of the testimony of Newt Lee before the Coroner when he explained the meeting between Gantt and Frank on the afternoon of the murder.
Solicitor Dorsey Hammering Down Point for State
Dorsey has shown remarkable all-round ability.
HUGH DORSEY.
Dorsey Plans To Use Defense's Witnesses.
Solicitor Dorsey, successful Saturday in introducing testimony as to the actual time it required for Jim Conley to enact his story of the disposal of Mary Phagan's body at the National Pencil Factory, prepared Monday to continue his examination of the defense's own witnesses along this line and later to put on witnesses for the State further to discredit the reliability of the test made by Dr. William D. Owens and three other men.
The Solicitor made a hard fight to get the evidence in. He made as hard a fight to keep out the testimony of Dr. Owens, but failed. When Harilee Branch, one of the newspaper men who made the trip through the factory with Conley, was called to the stand by the defense to testify in regard to an interview with the negro, Dorsey, as soon as the direct examination was concluded, started to question the witness as to his estimate of the time it required Conley to go through the factory May 30 and illustrate his version of the manner in which the Phagan girl's body was taken into the basement.
An instant and strenuous objection came from the lawyers for the defense. They protested taking the time that it required Conley to go through with the details he had described on the ground that he, knowing the possibility that he might later be charged with the crime itself, might probably have hurried through with it so as to leave the impression that the deed could have been done within the time that Frank was in the factory between 12:56 and the time he left for home.
Dorsey argued that the judge had let in an experiment by persons who knew of the alleged events of the day only by hearsay, so why not let in an experiment by a person who actually had taken a part in them. His argument won, but the testimony which followed was distinctly favorable to the defense.
The State has more than a score of character witnesses to be used in the rebuttal of the testimony given by persons who have sworn to the good character of the young factory superintendent. It is known that a number of them have sensational stories to disclose. What part of their testimony will be permitted to go on the record is problematical.
The defense has fought strenuously the introduction of testimony by which the State has sought to show that Frank has been guilty of grossly immoral conduct.
Frank's lawyers brand these stories as slanderous and untrue. They are able to refute them, they say, by the word of scores of reputable citizens but they assert that Frank is not being tried on any other charge than that of murder and that, therefore, the testimony in regard to alleged acts of immorality is utterly irrelevant, immaterial and illegal.
Other papers introduced were the testimony of Harry Scott before the Coroner's inquest and the report of Scott to the Pinkerton detective agency on Monday, April 28. In introducing this, Attorney Rosser said that he wanted to introduce it for the purpose of showing that in his first interview with Frank that Frank stated in reply to an inquiry regarding the metal's arrival: "No," and that on the stand Scott quoted Frank as saying "I don't know" in reply to the same question. That part of Scott's testimony in which he said he was working for the pencil factory to ferret out the murderer and his evidence regarding the interview Frank had with Newt Lee at the police station Tuesday, April 29, was tendered; also the proceedings under which Jim Conley was released from the county jail; the testimony of Policeman Anderson about seeing the girl's body from where Newt Lee was sitting in the basement.
Lee's Testimony About Tape Submitted.
The testimony in which Newt Lee declared that it took Frank twice as long to put the tape in the time clock the Sunday morning the body was found that it did the first time he was seen to put it in, together with Lee's testimony on the same point before the Coroner, was also tendered. The defense submitted the plats, the one in which the Selig home is shown and a diagram of all floors of the National Pencil Company building, and the plat from which the measurements for the paper model were taken, together with photographs of the Selig home. All went in without objection on the part of the State.
The personal check book of the defendant was introduced to show that Frank did not have $200 in his possession the day of the crime. Dorsey objected on the ground that the check book would not prove that fact and that the book had not been identified. Attorney Rosser announced he would have to call witnesses to identify it after the noon recess.
Court then adjourned until 2 o'clock.
Shadow of Death on Mary Phagan's Home.
The shadow of death was on the home of Mary Phagan Monday morning. Her grandmother, Mrs. A. E. Benton, of Marietta, died late Sunday night after having a vision in which she saw the slain girl alive and happy. Mrs. Benton had been visiting the Coleman home, No. 704 Ashby street since the trial of Leo Frank began. She was confined to bed the second day of the trial when the details of the finding of the body were rehearsed.
"After my mother was confined to her bed her one hope was that she would live until the end of the trial," said Mrs. Coleman. Poor little Mary was her favorite grandchild and she never ceased talking about her."
Mrs. Benton is survived by two daughters, Mrs. J. W. Coleman and Mrs. J. W. Barmore, of Marietta, and four sons, Jack Benton, of Riverside, and Hardy, Thomas and Durell Benton, of Atlanta. The funeral arrangements have not been completed.
Phagan Jurors Dwell Together in Harmony.
The jury in the Frank case is an ideal one so far as their personalities are concerned, according to Chief Deputy Sheriff Plennie Miner.
"These men are considerate of each other and there has not been a single kick yet," said the deputy. "They retire at practically the same time and arise in the same manner. This is different from most juries, on which there are oftentimes cranks. One man will retire at 7 and the next one at 1 o'clock. One man will want a room on the first floor and the other one will want to sleep on the roof.
"They are a cheerful lot, and there is never any discussion as to what they will do. If one wants to go for a walk, all are ready. There has been no kick on the food or the censorship of their mail and reading matter. If these men are as ideal at home as they are on the jury, all must have happy homes."
PAGE 45, COLUMN 1
LEO FRANK'S OWN STORY TO ADD FINAL TOUCH TO STATE'S GREATEST TRIAL
By JAMES B. NEVIN.
It is rather an extraordinary thing that on this Monday, the beginning of the fourth week of the most remarkable murder trial ever held in Georgia, the interest should be in nowise abated or lessened, and that the opening of court to-day saw the biggest, hungriest and most insistent crowd of curious spectators yet on hand at the opening of court.
Far from letting go the Phagan mystery, the public to-day seems to be gripping it even more eagerly than ever before.
Opinion still is widely divided as to the guilt or innocence of Leo Frank, and there have been many switches of conclusion and reversals of theory, pro and con, within the past week, and no doubt there is much more of the same sort of thing to come.
People to-day believe Frank guilty who started out believing him innocent, and the rule is working right around the other way, moreover!
Despite the many things that have been said and the countless things that have been written of the Frank trial and all that led up to it, it remains, on the threshold of its fourth week, the most absorbing melodrama ever enacted in Atlanta-the most bitterly fought and the most uncompromisingly contested trial known to the criminal history of the State of Georgia.
The principal parties to the case are, of course, Mary Phagan, the dead girl; Leo Frank 'the defendant at bar, and Jim Conley, the grimly accusing negro.
Four months ago no one of these people was known to many Georgians. Mary Phagan, a sweet little working girl, had a circle of perhaps a hundred friends-not 1 per cent of the population of Atlanta ever had heard of her.
Frank Little Known.
Leo Frank, the superintendent of the National Pencil Factory, was hardly known by very many more people-he had a business and college acquaintance, and a limited circle of social intimates. Not more than 2 or 3 per cent of Atlanta's population ever had heard of him.
Jim Conley, the negro, more than well known in police circles, along the way of the "Butt In" bar in Peters street, and a familiar figure enough along Darkest Decatur, numbered among his respectable acquaintances not more than 50 people -if nearly so many-perhaps.
Now-less than four months after the terrible deed enacted in the pencil factory on Saturday, April 26- there is not a hamlet a crossroads store or a country or city home in all Georgia that has not heard of every party to the sordid story, and that has not discussed everyone of them, together and singular, from every point of view imaginable!
It is more than morbid curiosity upon the part of people that prompts this great and never-flagging interest in the Phagan case-it is more than the mere fascination of crime that links the heart and mind of the people to it.
In the case of Leo Frank there is that indescribable element we call "human interest," that vague and elusive thing that tugs at the heartstrings and nags at the conscience- there is the knowledge upon the part of the public that a monstrous crime has been committed, and that responsibility for it must be fixed, no matter the cost and no matter the effort!
The public does not clamor for Leo Frank's life so much, nor for Jim Conley's-it demands that responsibility for Mary Phagan's brutal murder be fixed, and it will not be satisfied until that responsibility IS fixed.
At the same time, I believe-and I have believed all along-that the public wants to see justice done and fair play indulged in.
If Frank is not guilty he has been punished already beyond reason or reparation. He should be turned loose, with every amend decency and mistaken zeal may summon to their embarrassed effort at righting a frightful wrong.
If, however, he is guilty, and that is shown, then the inconvenience and discomfort accorded him thus far will matter little, if anything.
It is a tremendously big game the lawyers are playing in the stuffy little courtroom in the old City Hall Building.
On one side is the majesty of the law of the land, that must be maintained at any and all cost-that majesty of the law that may be invoked in behalf of the humblest no less than the highest. On the other hand is the defendant-an abstract thing in the sight of the law.
On one side is the great State of Georgia, calling for a "tooth for a tooth and an eye for an eye"-on the other side are those guaranteed rights of citizens, embodied in Frank, that must not be challenged lightly or without complete and compelling reason.
It Is a Big Game.
It is a big game-it involves that most precious of all gifts of God, a human life, and a human reputation, a home and the happiness thereof. It is a game, nevertheless, that involves on the contrary a sinister charge of utter unworthiness upon the part of the man who still protests his rights to these precious gifts, jealously given of a Divine Power, and as jealously guarded by His laws, no less than by the laws of human beings.
One can not get away from the conclusion, cited many times, that, after all is said and done, Frank's character will determine the verdict in the case now on trial.
His character will be found to be his greatest asset and his most sure dependence, in this his hour of pressing peril-as his lack of it, if shown, must prove to be his final and everlasting damnation.
Frank, by injecting his character in issue, has challenged the worst upon the part of the State.
He has cited scores of witnesses to uphold it-he has made a brave, and maybe an abundant, showing.
The State, however, says it will break down that character-that it will show Frank's unspeakable depravity, even as charged glibly and smugly by the negro, Conley, as yet uncorroborated by any person the most abandoned would care to believe.
If the State can do this thing--
Can it be possible that Frank, through all these years, has been leading a double life?
Can it be true that he has, while professing to be an honorable and upright man, a faithful husband, a dutiful and worthy son, a deserving and decent friend among his neighbors and his kind, nevertheless been, really, a moral degenerate, an ignoble and deceitful creature-and can it be that these things, so long and so cleverly concealed, at last led him to murder?
The State's Contention.
The State holds that his family circle, his intimate social acquaintances, and his business associates, would, as a matter of fact, be the last people in the world to know the truth of Frank's double life-for, say they, Frank would employ every artifice and summon to his aid every possible device to keep those very people from discovering the truth concerning him.
This, so the State contends, is precisely what Frank did do-and in that way they justify his alleged intimacy with Conley and his quick calling upon Conley for help, when eventually he found himself with the blood of a human being on his guilty hands.
The State is asking a good deal when it asks the public to believe this of Frank, in the light of the evidence of his good character tendered last week, and it hardly is possible that the public WILL believe it, unless the State makes its charges crystal clear.
Men will ask themselves-and will ask themselves wisely-whose reputation is safe, if it may be brushed away and broken down by the uncorroborated word of such a creature as Conley?
But, Conley uncorroborated in one thing-while Conley corroborated is quite and altogether another!
The State is yet to be heard in rebuttal of Frank's character witnesses -and so judgement must be suspended pending their revelations.
The only point is-and it has been an evident point so long that to re-emphasize it seems trite-the State must make good on its sinister charge of perversion and degeneracy upon the part of Frank, or its case will be greatly weakened, perhaps beyond repair.
I have an idea that Frank's statement on the stand may weigh heavily in the minds of the jury.
Frank the Star.
Indeed, it is not improbable that the very best jury speech and jury argument put forth in defense of Frank, with all due appreciation and respect of and for Mr. Rosser and Mr. Arnold, will be made by Leo Frank himself!
His statement, although not sworn to, will carry an appeal that hardly can be framed of other lips-either that, or it will fall flat and stale and of no consequence whatever.
The trial long ago resolved itself into a matter of Frank vs. Conley.
It is the defendant's word against the negro's.
Both have self interest in the verdict-the life of one or the other must pay the forfeit of Mary Phagan's murder.
The forthcoming statement of Frank, and the rebuttal of the character witnesses, constitute the two events ahead that may, within themselves, make or mar this case, as one may come to view it eventually.
And it is this situation, no doubt, that holds up the interest to-day, as the fourth week begins-for, despite all that has gone before, the case is not yet nearly ended, and there still remains many things undetermined.
PAGE 45, COLUMN 3
GIRL WORKER WHO TESTIFIES TO GOOD CHARACTER OF LEO FRANK
Miss Opie Dickerson, who praised Frank and denounced
Conley.
She was one of many factory employees who aided
accused.
PAGE 57, COLUMN 1
GIRLS TESTIFY FOR AND AGAINST FRANK 'I'D DIE FOR HIM!' CRIES ONE, CONVULSING COURT
MRS. FRANK'S SISTER; RESEMBLANCE GREAT MRS. URSENBACH.
CLUB AND ENVELOPE FOUND BY PINKERTON MAN PUT IN EVIDENCE
Two factory girls, one of them defending Leo M. Frank with all the eloquence at her command, and the other admitting that she had known of the factory superintendent opening the door to the girls' dressing room on three different occasions and looking in, formed the center of interest among the score of witnesses who were called Saturday by the defense. They were Miss Irene Jackson and Miss Sarah Barnes.
Miss Jackson, daughter of County Policeman Jackson, testified on direct examination that she never had known of any improper conduct on the part of Frank, and that his character was good. Cross-questioned by Solicitor Dorsey she admitted that she had been in the room where the girls change from their street to their working clothes and had witnessed Frank open the door, look in and then turn around and leave. Once, she said, Miss Emmeline Mayfield was in the room with her. On another time her sister was there, and on a third occasion, she said Miss Mamie Kitchen was the other girl in the room.
She said that her sister had started to quit at the time Frank opened the door when she was in the dressing room. The witness also was asked if N. V. Darley, general manager of the factory, ever had made the remark at the time several girls were thinking of quitting the factory directly after the murder that "if the girls stick by us through this, they won't lose anything by it." Miss Jackson said she had heard Darley say this. Miss Jackson quit work the day after the body was found.
Frank's Mother Again on Stand.
Another long string of character witnesses occupied most of the session which was adjourned shortly after 1 o'clock for the day. Mrs. Rae Frank, the defendant's mother, was placed on the stand at the beginning of court, but remained there only long enough to be questioned somewhat in detail as to the means of Frank's relatives.
One of the sensations of the day came during the testimony of W. D. Mc Worth, Pinkerton operative, who testified to the finding on the first floor of the pencil factory a pay envelope with Mary Phagan's initials and number on it, a bloody club, part of a whip, a piece of rope and spots near the trapdoor leading into the basement resembling bloodstains. Exactly the value of his finds did not develop either from the examination by the defense or the prosecution. Dorsey, however, sought to show that the Pinkertons dealt in bad faith with the city detective department by not reporting their discoveries as soon as made.
Court adjourned with the testimony of Harlee Branch, an Atlanta Journal reporter, who estimated the time it required Jim Conley to re-enact his version of the disposal of Mary Phagan's body, up to the writing of the notes as 47 minutes.
Girl Vehemently Defends Frank.
Miss Sarah Barnes was Frank's vehement defender. The first question asked her was the signal for a torrent of words that neither Attorney Arnold nor the Solicitor was able to stop until she paused for breath.
"Do you know Leo M. Frank, the defendant in this case?" was asked.
She replied that she not only knew him, but that she knew he was a good man, a perfect gentleman, always good to the girls and everyone else in the factory, never attempting any familiarities or talking to the girls except in regard to their work and never being guilty of any of the charges that have been made against him by the State.
"I know Mr. Frank couldn't have committed that murder," she cried positively, emphasizing her words with a vigorous brandishing of her fan.
"I'd be willing to die in his place. I'd be willing to fight for him. I'd be willing they'd give me any sort of death they wanted to. I just wish I could make everybody believe in his innocence."
Judge Roan, just before court adjourned, made this statement to the jury:
"For a number of reasons we won't hold a session this afternoon. I am very sorry you have been held together so long, but I believe this will be the last Sabbath you will be kept
PAGE 58, COLUMN 1
RED-STAINED CLUB AND PAY ENVELOPE ARE SHOWN TO JURY
Pinkerton Detective Says He Found Spots on the Floor Near Cubby Hole
FRANK'S MOTHER AGAIN ON STAND; WOMEN FROM FACTORY HELP ACCUSED
Continued from Page 1.
apart from your families. This duty is one of the burdens of good citizenship. You are here because you have measured up to the responsibility. If there was any way to relieve you I would, but you are under oath and so am I. Be very particular about your health. Be select in what you eat. Make the Sheriff exercise you as much as possible. "I hope we will be able to wind up this case soon."
Mother Denies "Wealthy" Relatives.
Mrs. Frank declared Frank's relatives were of only moderate means. Solicitor Dorsey did not spare the defendant's mother in his cross-examination. He sought to show that Frank's parents in reality were wealthy and that Conley's quotation of Frank's alleged remarks about his "wealthy folks" was quite plausible. She said the source of the income of herself and her husband was the interest on about $20,000. They paid $6,000 for their home in Brooklyn and assumed a $6,000 mortgage on the residence.
"In what business is your husband?" the Solicitor asked her.
"He is not in business at present."
"Ah, he's a capitalist, is he?" said Dorsey.
Mrs. Frank replied that this was not so and added later that her husband was broken down in health and that this was the explanation of his being out of business at present.
Mrs. Frank was shown a photographic copy of the test note Frank wrote for the detectives which Dorsey had intimated was written in a disguised hand.
"That's my son's writing," she exclaimed, as soon as she saw the photographic copy. "He wrote me every week and I know his handwriting."
Mother to Son's Aid.
A hushed crowd leaned forward expectantly as the saddened woman, whose outburst of anger against Solicitor Dorsey was one of the sensations of the week, took her place in the witness chair.
The prisoner and his wife wore the same cool, unflinching demeanor. Frank kept his eyes on his mother. Luther Z. Rosser questioned Mrs. Frank.
Q. Mrs. Frank, you said you lived in Brooklyn? Has your son Leo Frank any rich relatives in Brooklyn? A. He has not.
Q. This letter that was received by him from his uncle, were show you here?-(The small letters were in a long envelope) A. Yes, a long paper. I don't know what it was.
Q. I show you a photograph letter. Is the writing similar to your son's?-(He handed her the photograph of Frank's writing for the police which witness Nix could not identify yesterday) A. That is my son's writing.
Dorsey Delves Into Family's Finances.
Dorsey took Mrs. Frank for cross-examination.
Q. Mrs. Frank, you have no difficulty in recognizing that as your son's writing, have you? A. None at all.
Q. What were those other papers? A. A price list, I think.
Q. Now you look at the price list? A. No.
Q. Who are your relatives in Brooklyn? A. My sister, Mrs. Bennett. Her husband clerks for my brother-in-law.
Q. What does your son-in-law do? A. He is in the retail cigar business.
Q. What do your other sons-in-law do? A. I don't know. I have enough to do to keep up with my own affairs.
Q. What are your means of support? A. We have a little money out at interest.
Q. How much? A. About $20,000.
Q. Do you own your own home? A. Yes.
Q. What is it worth? A. I don't know. We pay about $86 taxes.
Q. Well, what does that make it worth? A. You must understand we have a large mortgage.
Q. How much? A. About $6,000.
Q. Was that about one-third of the cost? A. More than that. We paid $6,000 and assumed the mortgage.
Q. Now, haven't you more than $20,000 out at interest? A. No.
Q. What income do you get on that? A. Do you want me to tell you everything of my everyday life?
Q. I want you to answer my questions, if you please, Mrs. Frank. A. All right.
Doesn't Know Frank's Uncle Is Called Rich.
Q. What other relatives have you? A. Miss Jacobs, a single lady.
Q. Are these the only relatives your son has in Brooklyn? A. Yes.
Q. Where is his uncle? A. He lives in Atlanta.
Q. He is supposed to be very wealthy? A. I don't know.
Q. Don't you know he was in Brooklyn Saturday? A. Not to my knowledge.
Q. Don't you know what rate of interest your husband gets on his $20,000? A. About 6 per cent.
Q. Do you know how much money he has in the bank? A. About $200.
Q. How much interest are you paying on the $6,000 mortgage? A. Five per cent.
Q. How often do you pay it? A. Once a year.
Rosser took the witness.
Q. How old is your husband? A. Sixty-seven years.
Q. What's the condition of his health? A. Very poor.
Q. Too bad to come here? A. Oh, yes; he is very nervous.
The witness was excused and Knox T. Thomas, a civil engineer, was the next witness called.
At this time Mr. Rosser offered the letter of Leo M. Frank to his uncle,
M. Frank, as evidence. Arnold questioned Mr. Thomas.
Civil Engineer Tells Of Measuring Street.
Q. At our request did you make some measurements, one from Marietta and Forsyth streets to the National Pencil Factory? A. Yes.
Q. How far was it? A. One thousand and sixteen feet.
Q. Did you walk it? A. Yes.
Q. How long did it take you?-A Four and one-half minutes.
Q. Did you walk from the National Pencil Factory to Alabama and Whitehall streets? A. Yes.
Q. How far is it, and how long did it take you to walk it? A. 821 feet, and three and one-half minutes.
Q. Did you walk from Frank's office to Broad and Hunter streets? A. Yes.
Q. How far was it, and how long did it take you? A. A distance of 333 feet, and it required one and three-quarter minutes to walk it.
Q. How fast did you walk? A. My usual gait, rather brisk.
Dorsey took the witness on cross-examination.
Q. You could have quickened your gait and walked from Marietta and Forsyth streets in two minutes, couldn't you? A. Not easily.
Q. At that rate, how long would it take you to walk a mile? A. I'll have to figure it-60 minutes.
Q. Sixty minutes to walk a mile? A. No; fifteen minutes.
Q. You were more accurate in your measurements than you were with your first answer? A. Yes.
The witness was excused and Miss Corinthia Hall was recalled to the stand. She was the first of another array of witnesses employed in the factory and scheduled to be called during the day to repudiate the charges of immorality on the part of the prisoner in the plant.
Says Conley Delayed Paying Back Money.
Miss Hall said Frank's character was good. She added that she did not know Conley well enough to swear about his character.
Dorsey then took the witness on cross-examination.
Q. You don't know Conley's character? A. No. Only I loaned him some money once and could hardly get it back. I wouldn't lend him any more.
The witness was excused and Mrs. Emma Clark Freeman was recalled, but did not answer. Miss Ida Hayes, another employee, who works on the fourth floor, testified to the good character of Frank. She said she had never heard of any immoral practices in the factory. She would not believe Jim Conley under oath, she added.
Hooper cross-examined her.
Q. The principal trouble with Jim Conley was borrowing money and forgetting to pay it back, wasn't it? A. Yes.
The witness was excused and Eula May Flowers, another employee, was recalled to the stand.
She testified to Frank's good character and gave Conley a bad record. She said Conley had borrowed money from her and never paid it back.
Miss Bessie White, another character witness, was called, but did not answer. Miss Ella Hayes, now an employee of Kress' store, but an employee of the National Pencil Company up to the date of the murder, testified to Frank's good character. Miss Minnie Foster, an employee in the factory, said Frank's character was good. She did not know Conley's character.
Objection by Arnold Upheld by Court.
Hooper cross-examined her.
Q. Up to this killing, whom did you ever hear discuss Frank's character? A. No one.
The witness was excused.
Miss Opie Dickerson was another pencil factory employee to give Frank a good character. Conley's character was bad, she said.
Dorsey cross-examined her.
Q. Where were you on Saturday night, April 26? A. I don't remember.
Q. Were you not with Louise Gershon, Wade Campbell and Mr. Darley on that night?
Arnold objected and was sustained.
Mrs. Emma Clark Freeman was recalled to the stand next. She testified to Frank's good character and declared that that of the negro's was bad.
Miss Jessie Wallace, another fourth-floor employee, following Mrs. Freeman, said that Frank's character was good. She stated that she did not know Conley well enough to testify regarding him.
Miss Annie Osborne and Mrs. Ella Thomas, both employees of the pencil factory, also testified to Frank's good character. Mrs. Thomas declared that Jim Conley had borrowed money from her and never repaid it.
Miss Bessie Thrailkill, another employee of the factory, said she did not know Frank's character.
Arnold-I mean his reputation.
Miss Thrailkill-He was always a gentleman around me.
Hooper took the witness.
Q. Did you see Jim Conley after the killing? A. Not that I know of.
Q. Did you hear anything about any blood on the floor? A. Not until Monday morning.
Q. Did you see it? A. No.
The witness was excused, and Miss Allie Denham, Miss Rebecca Sarson and Miss Maude Wright, all employees of the pencil factory, spoke highly of Frank's character.
W. D. Mc Worth, a Pinkerton detective, was next called. Under Rosser's questioning he said he devoted fifteen days to the Phagan murder investigation, beginning May 12.
Q. What did you do? A. I questioned the employees and made a search of the ground floor.
Q. What did you find? A. I found stains by the trapdoor which might have been blood. It was on the ground floor.
Q. What else did you find? A. Behind a radiator I found a good bit of rubbish. There was a heavy cord in the trash. One end of it looked like it had just been cut with a sharp knife.
Pay Envelope and Bloody Club Introduced.
Q. What else did you find? A. In one corner a few inches from the radiator, I found a piece of pay envelope folded up. It was in a pile of trash.
The torn bit of envelope was introduced by the defense.
Q. What did you do with the envelope? A. I saw the number 186 on it and initials "M. P." I handed it to Officer Whitfield and told him to take it to the light and see what it was.
Q. Did you find anything else? A. Yes; I found a big stick lying near the radiator beside some pipes.
At this point a blood-stained stick was exhibited.
Q. Do you know what this stick is used for? A. Mr. Holloway said it was a roller on which boxes were moved.
Q. Was there anything odd about it that you noticed? A. It was stained as is apparent now-stains that looked as though they might be blood.
Dorsey took the witness on cross-examination.
Q. Did you ever see this stick before? (The blunt end of a buggy whip was exhibited.) A. Yes.
Q. Where? A. Behind the front door.
Blood Stains Found Around Cubby Hole.
Q. Where did you find the envelope? A. In the door to the Clark Woodenware department.
Q. What day? A. May 15.
Q. Where did you begin to search? A. On the office floor.
Q. What did you see on that floor? A. In the metal department I saw half a dozen stains like the one Mr. Darley showed me by the water cooler.
Q. Did they look like the other stains? A. Yes.
Q. Did you make any search of the office for that envelope? A. No; I was looking for a mesh bag.
Q. Who told you to? A. Mr. Scott.
Q. You made that search all day, alone? A. Until 5 o'clock, when I was joined by Whitfield.
Q. He searched with you? A. Yes.
Q. You found bloodstains around the cubby hole? A. Yes.
Q. Was that your report to the Pinkertons? A. Yes.
Q. You didn't say anything about blood? A. I said it looked like blood.
Q. How many stains were there? A. About six or seven.
Q. How large was each? A. About six or seven inches in diameter.
Q. And were they blood? A. I don't know; I took up the chips.
Q. Now, after you found the bloodspots you found pieces of cord around the radiator? A. Yes
Q. The bloodspots led you to that? A. No.
Q. You showed those bloodspots to Whitfield? A. Yes.
Envelope Found Near Trap Door.
Q. And while he was examining the stains, you picked up a roll of paper? A. Yes.
Q. And in that roll you found the envelope? A. The roll was the envelope itself.
Q. Was that envelope lying right out in the open space? A. Within eight or ten inches of the trapdoor.
Q. Were there any other pieces of paper? A. Yes, one or two little ones.
Q. Was it light enough for you to see the number-186-in the right-hand corner? A. Yes.
Q. Has that envelope been changed any? A. None at all.
At this point Attorney Rosser conferred with Attorney Hooper.
Rosser-The officer in charge of the witnesses talks to them, then comes down and reports to Detective Starnes. If it doesn't stop, I will make a protest to the court.
Hooper-If anything improper is going on, I wish you would make it public.
Solicitor Dorsey, who was standing near the witness, turned and said: "Your honor, we want this matter settled, if they think anything improper is going on."
Judge Roan-No complaint has been made.
Dorsey-We are bringing it now.
The officer came in and spoke to Mr. Starnes.
Dorsey: "If there is any objection, I will have Mr. Starnes state what the officer said to him."
Asks Schiff Be Sent From Room.
Arnold: "We have no objection to make to the court. We just made a personal request."
Dorsey continued questioning the witness.
Q. This envelope did not have a figure 5 on it did it? A. No.
At this point Solicitor Dorsey noticed that Herbert Schiff was in the courtroom. He addressed the court:
"Your Honor," he said, "I want Mr. Schiff to be put out of the room. I will want him as a witness a little later."
Rosser: "We merely want to have him here when we are questioning these witnesses who work at the factory."
Judge Roan: "The witness will have to leave."
Rosser: "All right, we will go upstairs to confer with him. I don't care if it takes a month."
Schiff left the courtroom and Dorsey continued to question the witness.
Q. Did you show this envelope to Herbert Schiff? A. Later.
Q. Did he identify it as his handwriting?
Rosser: "We object. Mr. Arnold is a little excited about a fire close to his building and will be back in a few minutes."
Dorsey-Well, I want this witness held until I can examine Schiff. He continued his questioning.
Q. Wasn't there a figure "5" on that envelope? A. Not any more than there is now.
Hints at Change in Figures on Envelope.
Q. Didn't Mrs. Coleman call your attention to a figure "5"?
Rosser objected.
Dorsey-This is for the purpose of impeachment. I want to show that when this envelope was shown to the Colemans on May 15 it had a figure "5" on it. They told the Pinkertons Mary did not get but $1.20 the week she was murdered.
Judge Roan overruled the objection.
Dorsey-Did any conservation between you and the Colemans about a figure "5" take place? A. No.
Q. Where did you get this information in your report? (Solicitor Dorsey handed the witness a typewritten report.) A. From Mr. Schiff.
Q. When did you report the finding of this stick to the police?
Rosser objected.
Dorsey-I want to show in reference to this club, what the head man for the Pinkertons regarding the police instructed this police asked about that club, the Pinkertons gave them a little stick. Mr. Rosser has tried to make it appear that the Pinkertons employed at the instance of Frank, went down the road on and on with the police.
The jury was taken from the room at the request of Dorsey.
Judge Roan-Let me hear your objection, Mr. Rosser. I don't want to hear any argument.
Rosser Through Arguing, He Says.
Rosser: "I don't want to argue. I don't expect to argue here any more.' All I want is to have my objection recorded. He has tried to impeach every witness we have put up on the grounds that 'he did not report to the police."
Judge Roan: "Mr. Dorsey, you can ask the witness whether he told any city detectives about the note and the bludgeon, or whether he sought to conceal it. You can not ask him what somebody told him to do."
Hooper: "What we want to do is to show that Pierce is the head of the Pinkertons, and that he controls the policy of the Pinkertons."
Judge Roan: "This man is not responsible for what somebody told him."
The jury was brought back, and Dorsey continued his questioning.
Q. Who is the head of the Pinkertons? A. H. B. Pierce.
Q. Where is Whitfield?
Rosser: "I object to that, your Honor."
Dorsey: "It is a well-known principle of law that we can ask that."
Judge Roan: "You can ask the question."
Q. Where is Pierce? A. I don't know.
Q. Where is Whitfield? A. I don't know.
Q. Now how long after you found that club did you report it to the police? A. Seventeen hours.
Q. How long after that did you have a conference with the police? A. Four hours.
Q. Now, did you not show Black this stick when you told him about the club? A. I did not.
Q. Were you there when the stick was shown Black?-I was not.
Rosser took the witness.
Q. Now, is this your report? A. Yes.
Q. Is this your diagram showing the place where you found the club and the pay envelope? A. Yes.
Girl Bursts Forth In Frank's Defense.
Q. You attached this to your report and we now get it from Mr. Dorsey? A. Yes.
Q. You don't know whether I ever saw it or not? A. No.
Q. Now, this piece of envelope is just like it was when you found it? A. Yes.
Q. If there are any changes, they don't show here?-A No.
The witness was excused, and Miss Mollie Blair, a former employee of the pencil factory, was called as a character witness. She did not answer. Miss Cora Barnes then took the stand. Before Attorney Arnold could ask her any questions, she burst forth into oratory to declare:
"We love our superintendent because he was a good business man and a gentleman.
Her words were interrupted and when the formal questions were put as to whether she knew Leo M. Frank, she arose to her feet and said:
"I believe Mr. Frank is innocent. He is too good a man and I wish I could make everybody else believe he is innocent. I would be willing to take his place and die for him. I would be glad to die for him."
Miss Barnes' spasmodic statements threw the courtroom into a volcanic eruption. As her words flowed freely from her mouth, attorneys for both sides sprang to their feet in various attitudes of protest, some shouting their objections at Judge Roan and others in pleading gestures to the witness to come to a halt. Yet her words waxed more eloquent and flowed more freely with each protest that was registered against them.
Spectators in Courtroom Convulsed With Laughter.
Sheriff Mangum and Chief Deputy Plennie Miner, with a dozen deputies, strove for several minutes in the courtroom crowd. Several spectators were so convulsed with laughter that they were compelled to leave the courtroom. One man of large avoirdupois threatened to go into convulsions.
Following the restoration of quietude, the witness was excused without an attempt to question her.
Miss Ethel Stewart, a telephone operator and a former employee of the pencil factory on the fourth floor, was next called and testified to Frank's good character.
Miss Irene Jackson, an attractive young woman, a daughter of County Policeman A. W. Jackson, and a former employee of the pencil factory, who stated that she left there the day of the murder, was the next witness. On direct examination the witness testified that Frank's character was good. Dorsey cross-examined her.
Q. Did you ever hear any of the employees say anything about Frank? A. They seemed to be afraid of him.
Q. How? A. They would always work hard when they saw him coming.
Q. Do you recall Emily Mayfield? A. Yes.
Says Frank Looked Into Dressing Room.
Q. Where does she work? A. She worked at Jacobs' until Easter.
Q. What about that dressing room incident you told Mr. Starnes about in the presence of your father? A. Emily Mayfield was in the dressing room one day and Frank came back there. I was back there to take off my apron.
Q. How was Miss Mayfield dressed? A. She had off her dress.
Q. Did he come all the way in? A. He opened the door and looked in.
Q. Did he laugh? A. I don't know.
Q. Did you threaten to quit? A. Yes.
Q. To whom? A. Mr. Darley.
Q. What did he say? A. He said that we girls should stick together and that we would not lose anything by it.
Q. You told your father about it? A. No, my sister did.
Q. Did you hear anybody but Miss Emily Mayfield talk about Frank going into this dressing room? A. Yes, I heard about it.
Q. Who told you? A. I don't remember. I heard them talking about him going into the dressing room two or three times.
Q. What did Frank do when he came into the dressing room? A. He walked in, turned around and walked out.
Q. Were you in there? A. Yes.
Q. You have told me of two times. Have you heard of any other times besides your sister and Miss Mayfield? A. Miss Mamie Kitchens and I were in there one day when he came in.
Q. Did you hear the girls talk about other times? A. Yes.
Q. Where were they? A. I don't remember.
Q. What else did you hear about Frank besides the fact that he went into the dressing room and stared at the girls? A. Nothing.
Arnold took the witness on re-direct examination.
Q. How long did you work in the factory? A. About three years.
Q. You were willing to work on there after this? A. I had some bills to pay and I wanted to get the money. Papa wanted me to quit.
Q. The murder was the real reason you quit, wasn't it? A. Papa said he didn't want me to work there, so I quit.
Q. Didn't you hear Frank issuing an order about the girls flirting through the fourth story window?
Dorsey objected and was sustained.
Q. What street did those windows look out on? A. Forsyth street.
Q. People were constantly walking along the street, were they not? A. Yes.
Q. Did any rule or order come to you against flirting out of the window? A. There were orders against it.
Q. Frank never came into the room. He just came to the door and turned away? A. He pushed the door open and looked in.
Q. Did he ever come in? A. No.
Girls Partly Undressed When Frank Looked In.
Q. Which time was it you were not fully dressed? A. When I was with Mamie Kitchens.
Q. The other times you were dressed fully? A. Yes.
Q. How were you when you were with Miss Kitchens? A. I had off my top dress and was preparing to put on my street dress.
Q. You had on your underskirt? A. Yes.
Q. Were any of the girls anywhere nude at any time he came and looked in? A. No, sir.
Q. When was this? A. Last summer.
Dorsey took the witness on recross-examination.
Q. How soon after Frank opened the door on your sister did she quit? A. She wanted to quit right then, but the forelady persuaded her not to.
Q. There was no way he could tell before opening the dressing room door how near any of the girls were to being undressed? A. No, sir.
Q. It was near to the dressing room wasn't it? A. Yes, sir.
Arnold took the witness.
Q. What time were you girls expected to be at work?-At 7 o'clock.
Q. What time was it Frank came to the door? A. Ten or fifteen minutes after 7 o'clock.
Dorsey took the witness.
Q. You never flirted with anyone out of the window? A. No.
Q. Did the forelady come in? A. No.
Q. Did you ever see any signs around there not to flirt? A. No.
Q. Did you ever hear Mr. Frank say anything about flirting? A. I heard him say something once.
Smiled or Made Face at Girl.
Q. Well, when he stood in that dressing room door and smiled did he Arnold: "Your honor, she never said anything about smiling."
Miss Jackson: "He never asked me."
Dorsey: "Well, I am asking you now; did he smile?" A. Yes, he smiled, or made some kind of face at Miss Mayfield.
Q. Did he say anything? A. No, just looked at her and walked out.
Q. He never said anything about flirting? A. No.
The witness was excused and Harlee Branch, a reporter for The Atlanta Journal, was called to the stand. Arnold questioned him.
Q. Do you recollect having an interview with Jim Conley? A. Yes.
Dorsey: "The story of his actions is practically the same."
Judge Roan: "He can go as far as this evidence is similar. The jury can tell whether it is the same or not."
Rosser: "It is the duty of the Judge to pass on it before it goes to the jury."
Q. I call your attention to this interview of May 31. Read it over and tell the substance
Before Mr. Branch had replied, Mr. Rosser questioned him.
Q. I will get you to state whether Conley said anything about seeing the little girl's purse? A. He did not.
"Took 30 Minutes to
Take Body to Basement."
Q. Didn't he say it took him 30 minutes to get the body down into the basement? A. Yes.
Q. I will ask if he didn't say Lemmie Quinn got to the factory after 12 o'clock and stopped eight or nine minutes? A. Yes.
Dorsey took the witness on cross-examination.
Q. Was he positive about the time? A. I tried to get him to be as definite as he could, but he qualified his statements with the word "about."
Q. Did you get this interview before or after Conley went through what he said was his part in the crime at the factory? A. It was two or three days after.
Q. Did you see him go through that performance at the factory? A. I did.
Rosser objected.
Dorsey-I want to show by this witness Conley's performance and that it was just as admissible as the evidence of Dr. Owens the other day.
Judge Roan overruled the objection. Rosser continued to object, on the ground that Conley has told a different story since the interview.
Branch went through the negro's re-enactment of the crime. He estimated the start at 12:18. Rosser made another strenuous objection, but Judge Roan admitted the evidence.
Branch said that at 1:05 o'clock he left the building and the negro had reached the point in his pantomime where he wrote the notes in Frank's office.
At this point court adjourned until 9 o'clock Monday morning.
PAGE 58, COLUMN 3
DIAGRAM SHOWING MAIN POINTS IN FRANK'S ALIBI
FRANK Left Montag Bros 11 A.M. for Office. (FORSYTH ST.)
CORINTHIA HALL and EMMA FREEMAN enter 11.45 A.M. (FORSYTH ST.)
LEMMIE QUINN Entered 12.20 P.M. (FORSYTH ST.)
FRANK arrived at factory 8.25 A.M. Goes to Montag Bros 10 A.M. (FORSYTH ST.)
Mrs. WHITE Enters office 12.30 (FORSYTH ST.)
MARY PHAGAN entered at 12.05 P.M. (FORSYTH ST.)
LEMMIE QUINN Left 12.25 P.M. (FORSYTH ST.)
REBECCA CARSON saw FRANK here at 2.20 P.M. and here at 2.50 (WHITEHALL ST.)
CAUGHT CAR here for Home 6.05 P.M. (ALA. ST.)
HELEN CURRAN saw FRANK on this Corner at 1.10 P.M. (ALA. ST.)
FORSYTH ST. (Horizontal)
BROAD ST. (Horizontal)
WHITEHALL ST. (Horizontal)
TRINITY AVE. (Vertical)
MITCHELL ST. (Vertical)
HUNTER ST. (Vertical)
ALA. ST. (Vertical)
The defense claims it would have been utterly impossible for Frank to have murdered Mary Phagan and disposed of her body in the lapses in time in the alibi they have set up. They also contend that it proves Conley's story a tissue of falsehoods. Thus, they declare, Conley lied when he said Quinn preceded Monteen Stover and Mary Phagan because Quinn did not arrive until 12:20, just as they charge the negro was caught when he said he saw Mary go in ahead of Monteen because according to State's Witness George Epps, Mary was at Marietta and Forsyth at 12:07, while Monteen entered the factory at 12:05. Proceeding further, the defense attacks Conley's story of the disposition of the body on the ground that Helen Curran saw Frank at Alabama and Whitehall at 1:10, and Conley says the disposing of the body began at 12:56. The events Conley describes could not have occurred in the intervening 14 minutes, according to the defense, because Conley said he was in the wardrobe 8 minutes, and the writing of the notes must have taken at least 6 minutes, according to the State itself. The State will undoubtedly attack this formidable alibi in its rebuttal evidence.
PAGE 58, COLUMN 8
Frank Trial Halts As Clanging Engines Run to Fire Nearby
Proceedings at the Frank trial were interrupted about 11 o'clock Saturday morning when the fire department was called to Pryor and Hunter streets. The clanging gongs drowned the voices of the attorneys and witnesses, and for a brief time nervousness prevailed in the fear that the fire was in the courthouse.
Sharp rapping by deputies restored order.
The fire proved to be nothing more than smoke issuing from a leaky flue on the second floor of the Brown Building at Pryor and Hunter streets.
PAGE 59, COLUMN 1
STATEMENT BY FRANK WILL BE THE CLIMACTIC FEATURE OF THE TRIAL
By JAMES B. NEVIN.
The defense is nearing its end in the Frank case.
A few more character witnesses-there seems to have been no difficulty whatever in securing character witnesses by the score to testify in behalf of the defendant-the statement of Frank, and the defense will rest.
The State will then introduce its witnesses in rebuttal of the defense's character witnesses, and along other lines. Not improbably, the State will undertake to rebut in a measure the defendant's personal statement.
The entire case should go to the jury Monday or Tuesday-meaning by that that the argument should begin then.
The State has been all along much more sensational and spectacular than the defense. That generally is the way these cases go, and in respect of that, therefore, the Frank case has not been particularly remarkable.
In the length of time required to develop fully both sides, however, the case is in a class by itself, so far as Georgia is concerned.
The Frank case has been noticeable, too, because of the fact that women have been excluded from the courtroom practically from the beginning of the trial-and yet in the main there hasn't been a great deal said in the courtroom that might be called particularly offensive, as those things go.
Innuendo Plays Large Part.
Aside from Conley's direct statement as to unspeakable depravity upon the part of Frank, the most that has been said by way of the very offense has been said largely through suggestion and innuendo.
Unless the State comes forward in rebuttal with some direct allegations to bolster up Conley, the chances are that there will be no further ultra-sensational testimony introduced.
The constant dread has been present in the mind of the court, however, that in this case there always is the chance that something highly offensive to sensitive ears may "break," and at any moment.
The court has had no way of knowing what either direct or cross-examination might develop in a witness, and for that reason the presiding judge has kept the courtroom clear of women and children as the case proceeded.
This circumstance has served to emphasize the presence of the defendant's wife and mother, and to make them at all times conspicuous among the spectators-as they must have been, in a large degree, in any event.
Both of these women have faced the long and trying ordeal with remarkable fortitude and patience, all things considered, and it probably is true that at no stage of the trial has anything less than genuine sympathy gone out to them from the crowds constantly on hand to witness the proceedings.
The elder Mrs. Frank was on Friday a most interesting witness. A day or so before she had-for the first and only time-lost control of her feelings in the courtroom and permitted herself to say things to the Solicitor that she herself no doubt almost instantly regretted.
Mother a Dignified Figure.
On Friday, however, when reading the somewhat remarkable and significant letter of her son to his uncle, she was a most impressive and dignified figure. I have no doubt whatever that her testimony had a fine effect upon the jury. She is the defendant's mother-it is her son about whom all those horrible things have been said-and her deep concern and interest in the case could not be mistaken.
Her heart is involved necessarily as the heart of no other one person possibly can be-no human being would expect less of her than that-but her calmness and deliberation on the stand Friday showed that she appreciated the material value of the evidence she was then giving, and that it was necessary then that her best and most discriminating intelligence be given full play, no less than heretofore her heart had been.
I think the public now is looking forward to the defendant's statement with far more interest than anything else-unless it be to the forthcoming evidence of the more or less mysterious witnesses the State still has in reserve.
Frank never has told his own story. He has maintained a reserved silence ever since he was arrested, and it will be particularly interesting to hear what the main actor in the drama has to say in his own behalf, after all else has been said on that side.
It is by no means too much to say that Frank's statement may make or mar his case-it may clear him entirely, for that thing has happened, and many more times than once-or it may cut the other way. It certainly will be a dramatic utterance-whether the thrill of it be pronounced or repressed.
It looks as if the defendant has said about the last word that can be said in establishing his good character. Good character can be proved only in the way he has gone about it.
If the State relies upon the defendant's lack of character to hold together its other story-and that seems to be the way the State is fighting its way along-it must break down the defendant's exhibits completely, or the defendant's showing is bound to figure tremendously in shaping the verdict.
Can the State do it?
That is a question Atlantans and Georgians have asked themselves continually for the past week or ten days. It is the question they still are asking themselves-and it is the question they will ask themselves until it is answered.
Upon the rebuttal of the Frank character witnesses much depends-and it has been promised, inferentially, at least, that this rebuttal will be complete and final. It must be, if the State hopes to win out.
There is nothing now that goes so directly to the very core of the issue between Leo Frank and the State of Georgia as the question of the defendant's possession or lack of character.
When the attorneys pro and con come to sum up the case, for the benefit and theoretical enlightenment of the jury, it will be found, I think, that both the State and the defense have made out cases remarkable in point of strength for and against the defendant.
In other words, I mean it will be found that the State has made the very best of the material it had on hand by way of outlining and establishing the charge against Frank, the while the defense has been every bit as circumspect and astute in providing for the refutation of the charges.
Trial a Fair Fight.
Certainly the trial has been such a trial as men call fair. The case was not called until both sides had had ample time to prepare for it, and until both sides announced ready.
The State and the defense each is supplied with as able and intelligent counsel as might be secured, there has been no limit whatever upon the time taken up, court officials have left nothing undone to have the witnesses both ways on hand at the moments wanted, and the witnesses under the rule while the case has proceeded, have been handled as they should be.
Judge Roan, occupying not only a most responsible position, but certainly a most trying one, has borne himself with a degree of official dignity and fair-mindedness that must commend him very highly to the public.
The jury has been taken care of like real human beings-nothing has been left undone for its comfort.
Consideration has been shown the defendant, the members of his family, and the warm friends constantly in attendance upon him.
The spectators have been orderly, even the hours observed by the court have been adjusted to the accommodation of the lawyers, the defendant, and the jury.
So far as human ingenuity and law can make it so, therefore, the trial of Leo Frank has been fair, I think-as fair as could be asked. And when I say that I mean fair to both the defense and the State.
The presiding judge let in one big, significant line of evidence supposedly unfavorable to the defense. It so happens, however, that later he let in another line supposedly as unfavorable to the State.
An Even Break
There was no possible connection, really, between these two things, of course, for the judge did exactly the thing he thought was right in both instances. It nevertheless is a fact that his two biggest rulings cut evenly between the State and the accused-and to that extent is noticeable, in that it makes an even break.
I make the foregoing observation now because, looking at the case from the present point of view, in advance of the verdict, I feel that the observation is true-and whatever the outcome of the trial, I for one shall not feel that the case has been unfairly tried.
Judicial error may have crept in-it certainly is not for laymen to say as to that. It perhaps is not right and proper even to speculate upon such a thing.
Whatever judicial error has crept in, however, if any has. It may be corrected upon review before a court higher up. Either that or the error will redound to the defendant's benefit-for once acquitted, he never can be tried again for the murder of Mary Phagan.
There is one advantage that has come of the long drawn out battle, perhaps, and that is in the time it has given the public to weigh carefully and discriminatingly every bit of evidence as it has fallen from the lips of witnesses.
There is no reason why any person able to read the English language should be unfamiliar with any detail of the trial.
The newspapers certainly have done their part in spreading the story, as told by each side, before the public from day to day.
PAGE 59, COLUMN 3
"CLUB OF TEMPORARY WIDOWS" GATHERS
EACH DAY TO GREET THEIR HUSBANDS ON JURY
They have chosen Mrs. W. M. Jeffries "forewoman."
MRS. M. F. WOODWARD.
Many fast friendships have been formed. "Widows" hope to perpetuate club when widowhood is over, adding twelfth member.
HELEN WOODWARD, DAUGHTER OF JUROR.
MRS. F. V. L. SMITH.
PAGE 59, COLUMN 3
MANY TESTIFY TO FRANK'S GOOD CHARACTER
Nearly half a hundred witnesses testified in behalf of Leo M. Frank Friday. As a climax to the day's proceedings in Judge Roan's court the defendant's mother, Mrs. Rae Frank, went on the stand to add her testimony to that which she hoped would save her son from the gallows.
Virtually all who were called were character witnesses. Near the close of the day Reuben Arnold announced that he proposed to call every woman and girl employed on the fourth floor of the pencil factory, as well as many from the other floors, to testify to Frank's conduct about the factory and his attitude toward the girls in his employ.
He called three before the close of the day and explained to them in advance that he was going to ask them questions which he planned to direct at every girl employee called. He then asked them if they ever had had any part in the gay parties that the State says took place in Frank's office either during or after factory hours. He asked them if they ever had drunk beer in Frank's office or ever were there for a questionable purpose. All of the witnesses denied knowing of or participating in any such parties.
Frank's lawyer said that he would continue this line of questioning with all of the women he called from the factory. The testimony was obtained to discredit the stories of some of the State's witnesses charging that Frank was in the habit of entertaining women in his office.
Employees Show Loyalty.
The factory employees called Friday displayed the utmost loyalty to their superintendent. They testified as though they could believe nothing wrong of Frank and appeared indignant at the suggestions of immorality made by Solicitor Dorsey.
When the day closed there were still many witnesses to be heard. It was problematical if the defense would finish during the day. The statement of Frank was being reserved until the last moment before the defense rested its case. His attorneys announced that they did not know themselves whether it would be a formal written statement or whether Frank would make it informally from notes he had taken before and during the trial.
The first move by the State in rebuttal is awaited with the keenest interest. It generally is conceded that Solicitor Dorsey will occupy the major part of his time in attacking the character of the young factory superintendent. He is said to be willing to let the main theory of the crime, as suggested by the defense, go practically unassailed except by the testimony already given by his witnesses, Jim Conley principal among them.
Girl to Assail Frank.
Dewey Hewell, a 16-year-old girl, recently sent from Atlanta to the Home of the Good Shepherd in Cincinnati, was returned to this city Friday for the express purpose of testifying against Frank. She was brought back under the Solicitor's directions, and is reported by persons connected with the prosecution to have testimony extremely damaging to Frank's moral character.
Many of Friday's witnesses who testified to the excellence of Frank's character, testified at the same time to the worthlessness of Conley's.
Miss Dora Small, a machine operator on the fourth floor, swore that she always had known Frank as a gentleman, and never had heard any stories of immorality in regard to him.
She said that Conley's character was bad, and that he had a reputation for being shiftless and dishonest.
Mrs. E. H. Carson, mother of Miss Rebecca Carson, another of the witnesses, declared that Conley acted suspiciously after the crime.
Says Conley Cringed.
Miss Mary Pirk said that she had accused Conley of the murder and that the negro slunk out of her sight and had not appeared around her again during the day. She was asked by the Solicitor if she ever had seen Frank struggling with Mary Phagan or ever had noticed Frank taking her to one side to talk with her during the weeks immediately preceding the tragedy.
She replied she had not. The Solicitor pressed this question, demanding if it was not true that Frank, about two weeks before the Phagan girl was murdered, had taken her to one side of the room and caught hold of her when she tried to get back to her work.
Miss Julia Fuss testified that Conley had said Frank was "as innocent as the angels in heaven."
Harry Gottheimer, a traveling salesman for Montag Bros. and the National Pencil Company, testified that he had an engagement with Frank for Saturday afternoon. Miss Hattie Hall, stenographer, swore two days previously that Frank tried to persuade her to work at the pencil factory during the afternoon.
Combats Premeditation Theory.
These two witnesses were produced by the defense to combat the State's announced theory that Frank deliberately planned on Friday, the day before the crime, the attack which the State says he made on Saturday.
Gottheimer testified that Frank asked him to come over to the factory during the day.
"I'm not sure that I can get over this forenoon," Gottheimer said he told Frank.
"Well, if you can't come this forenoon, be sure and come this afternoon," Frank replied, according to Gottheimer.
Interest was at fever heat throughout the day because of the report that Frank was about to make his statement.
It increased when Mrs. Rae Frank, mother of the defendant, was called to the stand late in the afternoon. She was asked by Attorney Rosser to identify a letter said to have been written by Frank the afternoon of April 26 to his uncle, M. Frank, who was in New York at the time. Mrs. Frank read the letter and identified it as the one which had been read in her presence April 28 in the Hotel Lincoln Alpin, New York.
Letter to Show Frank Calm.
The letter was another of the pieces of evidence submitted by the defense in an effort to show Frank's mental and nervous condition Saturday afternoon after the time the State claims Mary Phagan was attacked and killed.
The message was quite like any letter that might be written in ordinary circumstances. The writing was regular and without any indications that the writer was laboring under mental excitement. In the course of the letter the word "Yontif" occurred, which Mrs. Frank described as a pure Hebrew word meaning holiday.
The letter follows:
"Atlanta, Ga., April 26, 1913.-Dear Uncle: I trust that this finds you and dear auntie well after arriving safely in New York. I hope that you found all the dear ones well in Brooklyn, and I await a letter from you telling me how you found things there. Lucile and I are well."
"It is too short a time since you left for anything startling to have developed down here. The opera has Atlanta in its grip, but that ends today. I've heard a rumor that opera will not be given again in a hurry here. To-day was Yontif (holiday) here, and the thin gray line of veterans, smaller each year, braved the rather chilly weather to do honor to their fallen comrades."
"Inclosed you will find last week's report. The shipments still keep up well, though the result is not what one would wish. There is nothing new in the factory, etc., to report. Inclosed please find the price list you desired."
"The next letter from me you should get on board ship. After that I will write to the address you gave me in Frankfurt."
"With much love to you both, in which Lucile joins me, I am, your affectionate nephew,"
"LEO M. FRANK."
Negro Drayman Denies Seeing Conley
Four negro witnesses were called during the day. One of them, Truman Mc Creary, a drayman, testified he never saw Conley watching at the factory door as Conley testified it was his frequent custom to do.
Walter Pride, a negro helper, declared he would not believe Conley on oath. He said he often was at the factory on Saturday afternoons and that he never saw women in Frank's office.
Ray Bauer, a white youth, told of visits to the factory on Saturday afternoons. He declared he always had found Frank there alone working on the books. He never saw any women.
PAGE 59, COLUMN 7
MRS. F. V. L. SMITH.
There Are Eleven Full-Fledged
Members and "Associate" Member, Who Waves at Bachelor.
Atlanta has a brand new club. It is called "The Club of Temporary Widows."
Its membership, as its name indicates, is made up entirely of women. There are just eleven of them. All were brought to their temporary widowhood by the trial of Leo M. Frank. All are wives of jurors in the great murder case, or, at least, they were before the trial began. All are thoroughly tired of the tedious processes of the law which have kept them in their somber weeds for three long weeks.
Mrs. Jeffries, "widow" of W. M. Jeffries, a real estate man, who is serving on the Frank jury, has been elected the "forewoman." They do not have a president in the Club of the Temporary Widows.
They Meet Every Day.
Every night the eleven widows may be seen at Alabama and South Pryor streets as the jurors file by under as close a guard as though they were prisoners, and very dangerous prisoners at that.
They are privileged only to wave their handkerchiefs-the young bride of the club throws kisses-as the men go by on their way to the Kimball House for the night. This same young bride-or young widow-rushed up to the line the first day of the trial and tried to speak to the husband of whom she had been bereft.
A stern look from one of the deputies repulsed her. Softening, the officer explained that it would be worth as much as his job if he should let her or any of the widows say just one little word to one of those jurors.
There's One Associate Member.
Several times another young woman has been noticed on the edge of the little group making up the widows' club. She has had eyes only for the bachelor of the jury. He has had eyes only for her. It is said that she is to be taken into associate membership in the club. Report also has it that she will qualify for full membership soon after the trial.
None of the widows knew each other before the trial began. Now a number of strong friendships have been formed. In addition to the daily gatherings at Alabama and South Pryor streets, meetings are to be held each week during the life of the club, which its members hope to perpetuate for years. The meetings will be held at the members' homes, and the regained husbands may be permitted to attend once in a while.
PAGE 59, COLUMN 8
MOTHER'S LOVE GIVES TRIAL ITS GREAT SCENE
By L. F. WOODRUFF.
Every human emotion has been paraded during the long three weeks of the Frank trial.
There has been pathos. Comedy has opposed tragedy. Science has met sympathy. Truth has been arrayed against fiction. Negro has conflicted with white.
The erudite Arnold has matched wits with the thick-lipped, thick-skulled Conley. Luther Rosser, stern, determined and skillful, has had to try to meet the machinations of a brain of a cornfield negro, Newt Lee.
Hugh Dorsey, young and determined; Frank Hooper, smiling and ambitious, have breast to breast encountered the battleax of Rosser and the rapier of Arnold.
There remained but one thing-the dramatic touch that sends the violins trembling a high crescendo and the hearts of the audience beating a long roll in double time.
It was furnished during the past week.
The Mother's Part.
It was furnished by the person that a Belasco would have picked for the part. The touch was added by the person to whom the trial means more than a seat in high heaven-a woman whose son is on trial for his life.
The stage had been appropriately set for the dramatic effect. The audience had a man of unquestioned wealth back of him, with a little girl of the common masses of the common people called the victim of his degenerate lust.
Atlanta's most noted criminal lawyers confronted a young prosecutor and a young lawyer who is seeking the accolade of the bar.
A cornfield "nigger" had told his simple story. There was even the air of minstrelsy in his testimony, though it was as black as the charge against the man who looked on him calmly and unafraid during the minutes and hours in which he spoke words that helped the opposition in its desire to fasten a rope around his neck.
This same man had sat coolly when another negro, a being of a different type, had told a story as sinister as Satan, as awful as the wrath of Jove. He sat, and without noticeable change of expression, heard this being accuse him of a deed as dark as murder.
And all through this ordeal a woman had sat near the accused man. Her eyes had faced his accusers. They had faced them boldly. Her bearing was remarkable.
The Last Straw.
But a straw will break a camel's back, the old saw declares.
The straw fell, and the camel's back caved as dynamite destroys.
But the break came unexpectedly.
Ashley Jones, an insurance man, had told of Frank's good character on the witness stand.
He paused for cross-examination. Solicitor General Dorsey asked him if he knew of any acts of perversion Frank had committed.
Then the volcano that had been dormant for ages became active. Then the race that has endured martyrdom broke its silence. Then the mother, who believes in her heart that her boy could do no wrong, spoke.
"He never heard such a thing, and neither have you," and her voice was blazing when she spoke it.
Then the drama was furnished. The audience rose from the seats. Eyes were fixed. Breaths were shortly drawn. Seconds seemed hours.
It had taken mother love, the tenderest of all passions, to furnish the incident that had really stirred.
PAGE 69, COLUMN 1
DORSEY HAMMERS AT FRANK'S CHARACTER
Prisoner's Mother Leaves Court When Attack Is Made
PAGE 69, COLUMN 7
WOMAN DENIES BEING TOLD OF ESCAPADE OF PRISONER WITH GIRL
That Leo M. Frank rode on a street car to Hapeville with a girl the Saturday previous to the murder of Mary Phagan and repeatedly sought to persuade her to leave the car with him was the sensational testimony Solicitor Dorsey endeavored to get from Mrs. J. G. Warldaw Monday.
Anticipating the nature of the questions the Solicitor was about to ask, Mrs. Rae Frank, mother of the defendant, stopped her ears with her fingers and then rushed from the room. Attorneys for Frank at first objected to the questions and the jury was excused. It was at this moment that Mrs. Frank made her dramatic exit. She was evidently fearful of repeating her outburst of a few days ago.
Mrs. Wardlaw denied that she ever knew of such a circumstance. She denied as well that she had been told of it by Harmes Stanton or H. G. Baker, street car men.
Denies Frank Looked Into Dressing Room.
Another sensation was created when the defense called to the stand Miss Emmeline Mayfield, the young woman whom the state maintains was in the dressing room when Frank looked in at one time. Miss Mayfield denied this was true.
Paving the way for the eagerly awaited statement of Frank, the lawyers for the defendant devoted Monday morning to the gathering up of the story ends of their case, most of the time being occupied with the testimony of character witnesses.
More than a score of women and girls employed in the National Pencil Company were called to tell what they knew of Frank's character and what they had observed of his conduct about the factory. All asserted that they never had known personally of any misconduct on the part of the superintendent and never had heard of any.
Explains Looking Into Dressing Room.
Mrs. Mattie Thompson proved one of the most important of the character witnesses. After testifying to Frank's good character, Mrs. Thompson declared that the girls on the fourth floor were in the habit at one time of flirting from the windows of the dressing room. She said that the practice became a matter of comment among the elder women on the fourth floor and that she finally took it upon herself to report it. Whereupon orders were issued against it.
The testimony of Mrs. Thompson was produced to provide a basis for the contention of the defense that Frank had opened the dressing room door on several occasions solely for the purpose of determining if his orders were being carried out.
Miss M. E. Fleming, a stenographer, said that she worked in Frank's office from April to December, 1912, and that she never had observed any misconduct on the superintendent's part now had seen women visiting his office.
Never Saw Women Saturday Afternoons.
Godfrey Winecoff, superintendent of the lead plant of the National Pencil Company, testified that it was his custom to visit the pencil factory office every other Saturday afternoon about 3 o'clock. He said he always found Frank or Schiff, Frank's assistant-frequently both-working in the office. He asserted he never saw any women there.
A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday, and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.
When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for The Atlanta Journal.
Branch was asked:
"Can you give any estimate of the time taken in conversation in Conley's re-enactment of the crime?" He replied that it took about fifteen minutes.
Q. You never said it was about half the total time, did you? A. I don't recall.
Attorney Arnold took the witness.
Q. You said it took about fifteen minutes to cover the time lost in conversation? A. Yes.
Q. He began at 12:18 and you left at 1:08? That would be about 50 minutes that you were there? A. Yes.
Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?
Q. How long did he stay in the wardrobe? A. About one minute.
Q. Did you see Conley in the newspapermen's room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.
Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.
Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.
Q. How long did it take you? A. Four and one-half minutes.
Q. Did you walk from the National
PAGE 70, COLUMN 1
ACCUSED DID NOT PEER INTO GIRLS' DRESSING ROOM, WORKER SAYS
Continued from Page 1.
Pencil Company to the corner of Whitehall and Alabama streets? A. I did.
Q. How long did it take you? A. Three minutes and twenty seconds.
Q. Did you walk from Broad and Hunter streets to the Pencil Factory? A. Yes.
Q. How long did it take you? A. One and one-half minutes.
The witness was excused.
Employees of Factory
Character Witnesses.
Miss M. E. Fleming was the next witness called. She is one of Frank's former stenographers. She testified on direct examination that Frank's character was good. Dorsey cross-questioned her.
Q. Were you ever there on Saturday afternoon? A. No, I was off then.
Q. Did you ever see Mr. Frank work on the financial sheet Saturday mornings? A. Yes, I saw him work on it a little.
Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand.
Q. Did you visit the National Pencil factory on Saturdays between July 1, 1912 and May 1, 1913? A. Yes.
Q. What time? A. Three to 5 o'clock.
Q. How often? A. Almost every Saturday.
Q. Did you ever see women there in Frank's office? A. No.
Q. Who was there? A. Frank, Holloway, Schiff and the office boy.
Dorsey took the witness on cross-examination.
Q. Are you sure Holloway was there at 3 o'clock? A. Yes.
The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand and testified as to Frank's good character. Arnold questioned her.
Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there? A. I made a complaint about the girls flirting out of the window.
Dorsey took the witness on cross-examination.
Q. Who has talked to you in the last few days about what you were to swear on the stand here? A. Mr. Haas talked to me.
Registered Complaint
About Girls Flirting.
Q. What did you tell him? A. About some of those flippy girls flirting out of the window. I have talked it over with Mrs. Carson and we decided to complain to Mr. Darley.
Q. Who was flirting? A. I don't know. It was only talked about the floor.
Q. Who was talking about it? A. Several of the girls were talking about it.
The witness was excused and Miss Annie Howard, who has worked at the factory for fourteen months; Miss Lillie May Goodman, an employee on the second floor for over a year; Miss Cora Cowan, an employee for four years, and Miss B. D. Smith, an employee of four years' standing, testified to Frank's good character. Miss Jimmie Mayfield, another employee of the factory, said she was not familiar enough with Frank's character to testify.
Miss Irene Carson, a factory employee, testified to Frank's good character. She declared that she was with her sister Rebecca and saw Frank on Whitehall street Saturday, April 26. She was not cross-examined.
Miss Lizzie Word, an employee of the pencil factory; Miss Ida Holmes, who has worked at the factory more than four years; Miss Willie Hatchett, Miss Mary Hatchett, Mrs. O. Johns, an employee at the factory for four and one-half years, and Miss Georgia Denham, formerly an employee for two years, all testified as to Frank's good character.
Girl Employees Give Frank a Good Name.
Miss Bessie White also testified in behalf of Frank's character. Mrs. Lizzie Florence declared she only knew Frank by sight and was not acquainted with his character. Mrs. Zilley Spivey, an employee of the pencil factory for more than four years, said Frank's character was good as far as she knew. Mrs. Minnie Smith and Miss Grace Atherton testified to Frank's good character. Both are employees of the pencil factory.
Miss Ethel Barber, a young girl, said she had worked at the pencil factory for several years and she did not know Frank's character.
Miss Velvey Holland, a pencil factory employee, said she knew nothing of Frank's character.
Miss Marjorie Mc Cord, another employee, said Frank's character was good. Dorsey cross-examined her.
Q. What do you understand by his general character? A. He was always a perfect gentleman.
Q. Are you talking about what you heard or what you know?-I am talking about what I know.
The witness was excused and R. P. Butler, shipping clerk at the factory, was called. Arnold questioned him.
Q. Are the doors leading into the metal room of glass or wood? A. They are wooden with glass 15 by 18 inches in them.
Q. Can a man of ordinary height see through the glass? A. Yes.
Q. Is Mr. Frank's character good or bad? A. Good.
Dorsey took the witness on cross-examination.
Q. How wide are these doors? A. Six feet.
Q. Did you measure them? A. I did.
Q. They are down a long narrow passageway with boxes on both sides, are they not? A. The passageway is 10 feet wide except at one point.
Q. Right at the door it is very dark, isn't it? A. Not so very dark.
Q. Do those doors usually stay open or closed? A. Open.
Q. If any one was to sit to the right or left of those doors he could not be seen, could he? A. A person would have to be at least 1 foot to either one side or the other.
Rabbi Marx Recalled But Not Questioned.
The witness was excused and Rabbi David Marx was recalled to the stand to explain the functions of the B'nai B'rith. After conferring with the attorneys for the State, Mr. Arnold said he knew the evidence was irrelevant and he would send the jury out if the State desired.
The State objected.
Hooper: "To relieve Mr. Arnold's mind, I will state that it is already definite that it is a charity organization."
Judge Roan ruled that the details of the organization were inadmissible. Attorney Rosser, with the consent of Solicitor Dorsey, then dictated to the stenographer without the jury hearing what he wanted to prove by Dr. Marx. Dr. Marx was then excused.
Mrs. S. A. Wilson testified that Frank's character was good. On cross-examination she stated that she had never heard anything against him.
Miss Lena Mc Murtrey, a girl in short dresses, said she had only worked at the factory for a short time and did not know Frank's character.
Mrs. Mary Bolton said she worked at the factory for six months about four years ago and that she had found Frank to be a perfect gentleman. She returned to work at the factory June 1.
Attorney Arnold remarked that he did not think the witness entirely qualified.
Mrs. J. Johnson testified to Frank's good character. Charles Lee, a young man employed in the factory, said Frank's character was good. Lee said he had heard nothing against him.
Dorsey cross-examined him.
Young Man Denies He Signed Statement.
Q. You said the other day you gave a written statement about Duffy getting hurt? A. Yes.
Q. Have you seen that statement to refresh your memory? A. Yes.
Q. You signed it? A. I never said I signed it.
Q. Did you give a written statement and never signed it? A. It was written on a typewriter.
Q. What did you tell them that they put in that statement? A. I told them how he got cut on the right forefinger.
Q. Was there anything in the statement about him getting cut while putting on a brass roll? A. No, because I put that on myself.
Mrs. J. G. Wardlaw, formerly Miss Lula Mc Donald, an employee in the pencil factory for four years, testified to Frank's good character.
Dorsey-I want to ask this lady some questions which counsel for the defense have already indicated they object to.
The jury was sent from the courtroom. Mrs. Rae Frank, mother of the defendant, held her hands over her ears to keep from hearing. After the jury went out she also retired. Mrs. Leo Frank retained her seat by her husband.
Never Heard of Frank On Car With Girl.
Q. You say you have never heard anything bad about Mr. Frank? A. No.
Q. You're sure you never talked to H. Stanton and H. M. Baker, in charge of a car, that Frank had a little girl with him and tried to get her to get on the car with him, and that he had his arm around her? A. No.
Judge Roan ruled the questions were admissible, and when the jury returned Solicitor Dorsey repeated the questions and received the same reply. The witness was excused.
Frank Siganke, an employee of the pencil company; N. V. Darley, assistant superintendent, and E. F. Holloway, the day watchman, testified to Frank's good character.
Miss Emmeline Mayfield, one of the girls who was said to have been in the dressing room at the time Frank looked in, was called to the stand. Arnold questioned her.
Q. Were you ever in the dressing room when Mr. Frank came in and looked at you? A. No.
Q. Were you ever in there undressed when he came in? A. No.
Dorsey took the witness on cross-examination.
Q. Do you know Miss Mamie Kitchens? A. Yes.
Q. Do you know Miss Irene Jackson? A. Yes.
Q. Do you recall Frank coming into the dressing room one day when either one of these young ladies were in there with you? A. No.
The witness was excused, and the defense then introduced documentary evidence, including the financial sheet and the model of the pencil factory. Attorney Arnold stated to a Georgian reporter that as soon as this was introduced Frank would go upon the stand.
Much Documentary Evidence Offered.
The following documentary evidence was offered: All of the financial sheets of the National Pencil Company from June 1, 1912, to April 24, 1913; the letter from Leo Frank, dated April 26, 1913, to his uncle, M. Frank, in New York; the data from which the financial sheet of April 26 was made; twelve requisitions identified by Herbert Schiff as being made out in the handwriting of Leo Frank; ten orders dated April 26; ten carbon copies identified by Miss Hattie Hall as having been taken down and written by her Saturday morning, April 26; eleven orders recorded on the house order book April 26; page 195 of the cash book of the National Pencil Company, covering entries from April 21 to April 26, 1913; four affidavits of Jim Conley; specimens of cabbage presented by Dr. Hancock; records of various convictions of C. B. Dalton. (The indictment pending against him was ruled out on the protest of Solicitor Dorsey.) Part of the testimony of Newt Lee before the Coroner when he explained the meeting between Gantt and Frank on the afternoon of the murder.
Dorsey Plans To Use Defense's Witnesses.
Solicitor Dorsey, successful Saturday in introducing testimony as to the actual time it required for Jim Conley to enact his story of the disposal of Mary Phagan's body at the National Pencil Factory, prepared Monday to continue his examination of the defense's own witnesses along this line and later to put on witnesses for the State further to discredit the reliability of the test made by Dr. William D. Owens and three other men.
The Solicitor made a hard fight to get the evidence in. He made as hard a fight to keep out the testimony of Dr. Owens, but failed. When Harllee Branch, one of the newspaper men who made the trip through the factory with Conley, was called to the stand by the defense to testify in regard to an interview with the negro, Dorsey, as soon as the direct examination was concluded, started to question the witness as to his estimate of the time it required Conley to go through the factory May 30 and illustrate his version of the manner in which the Phagan girl's body was taken into the basement.
Solicitor Dorsey Hammering Down Point for State
Dorsey has shown remarkable all-round ability.
HUGH DORSEY.
An instant and strenuous objection came from the lawyers for the defense. They protested taking the time that it required Conley to go through with the details he had described on the ground that he, knowing the possibility that he might later be charged with the crime itself, might probably have hurried through with it so as to leave the impression that the deed could have been done within the time that Frank was in the factory between 12:56 and the time he left for home.
Dorsey argued that the judge had let in an experiment by persons who knew of the alleged events of the day only by hearsay, so why not let in an experiment by a person who actually had taken a part in them. His argument won.
Victorious in this legal skirmish, the Solicitor was ready to press his advantage when court reopened Monday for the fourth week in the trial of Leo M. Frank on the charge of murdering the Phagan girl. His main endeavor was to show the unreliability of the estimate of Dr. Owens and his associates in the experiment by the defense. He also wanted to approximate as nearly as possible the actual time that it took Conley to reproduce the events, which the State claims were a part of the tragedy.
Tests Seem Fair To Neither Side.
So far as the testimony has developed along this line the time required for the enacting of Conley's story does not appear to be a fair test either for the State or the defense. The testimony already in is to the effect that the elapsed time from the moment Conley entered the factory building in charge of the officers until he went from second floor to basement and back again was about 47 minutes.
This estimate is evidently unfair of the State, as Conley was stopped several times in his narrative and was asked on other occasions to stop and illustrate the position of the dead girl's body. The interruptions served to lengthen the time that the negro took in going through the impressive drama.
The Solicitor from the witnesses yet to be examined will seek to show that these interruptions consumed an exceedingly large share of the time, and that the time occupied in the actual reproduction of the events of the day of the tragedy was comparatively brief.
A number of character witnesses were still to be called by the defense. If Frank's lawyers still were of the intention to omit no one who might help the case of the accused man, it was certain that most of the day would be taken up with the testimony of the character witnesses who had not as yet been examined.
The defense also had planned to go into a number of interviews that were published during the progress of the investigation into the murder mystery in an effort to show that the detectives from the first have been obsessed with the idea that no one else than Frank could have been guilty of the crime, and that they have refused to entertain any other theory or follow out the possibility of the guilt of any other person.
If this phase of the investigation is developed, it is likely that Chief of Detectives Lanford will be called to the stand and asked concerning his attitude throughout the search for the murderer.
The State has more than a score of character witnesses to be used in the rebuttal of the testimony given by persons who have sworn to the good character of the young factory superintendent. It is known that a number of them have sensational stories to disclose. What part of their testimony will be permitted to go on the record is problematical.
The defense has fought strenuously the introduction of testimony by which the State has sought to show that Frank has been guilty of grossly immoral conduct.
Frank's lawyers brand these stories as slanderous and untrue. They are able to refute them, they say, by the word of scores of reputable citizens but they assert that Frank is not being tried on any other charge than that of murder and that, therefore, the testimony in regard to alleged acts of immorality is utterly irrelevant, immaterial and illegal.
Doors Closed on Specific Instances.
Since the ruling of Judge Roan, closing the doors to the introduction by the State of evidence relating to particular incidents of alleged misconduct, Solicitor Dorsey has been unable to get substantiation of his charges of immorality before the jurors. The sole exception to this was in the cross-examination of Miss Irene Jackson, one of the defense's witnesses. Frank, according to Miss Jackson, three times to her knowledge came to the girl's room, opened the door and looked in upon the girls there and then turned and walked away.
The State will construe this as one of the indications of Frank's attitude toward his young women employees. The defense will set forth that the young women were supposed to be at work at 7 o'clock and Frank looked into the room fifteen minutes later to see whether they had arrived or not.
PAGE 71, COLUMN 1
LEO FRANK'S OWN STORY TO ADD FINAL TOUCH TO STATE'S GREATEST TRIAL
By JAMES B. NEVIN.
It is rather an extraordinary thing that on this Monday, the beginning of the fourth week of the most remarkable murder trial ever held in Georgia, the interest should be in nowise abated or lessened, and that the opening of court to-day saw the biggest, hungriest and most insistent crowd of curious spectators yet on hand at the opening of court.
Far from letting go the Phagan mystery, the public to-day seems to be gripping it even more eagerly than ever before.
Opinion still is widely divided as to the guilt or innocence of Leo Frank, and there have been many switches of conclusion and reversals of theory, pro and con, within the past week, and no doubt there is much more of the same sort of thing to come.
People to-day believe Frank guilty who started out believing him innocent, and the rule is working right around the other way, moreover!
Despite the many things that have been said and the countless things that have been written of the Frank trial and all that led up to it, it remains, on the threshold of its fourth week, the most absorbing melodrama ever enacted in Atlanta-the most bitterly fought and the most uncompromisingly contested trial known to the criminal history of the State of Georgia.
The principal parties to the case are, of course, Mary Phagan, the dead girl; Leo Frank 'the defendant at bar, and Jim Conley, the grimly accusing negro.
Four months ago no one of these people was known to many Georgians. Mary Phagan, a sweet little working girl, had a circle of perhaps a hundred friends-not 1 per cent of the population of Atlanta ever had heard of her.
Frank Little Known.
Leo Frank, the superintendent of the National Pencil Factory, was hardly known by very many more people-he had a business and college acquaintance, and a limited circle of social intimates. Not more than 2 or 3 per cent of Atlanta's population ever had heard of him.
Jim Conley, the negro, more than well known in police circles, along the way of the "Butt In" bar in Peters street, and a familiar figure enough along Darkest Decatur, numbered among his respectable acquaintances not more than 50 people -if nearly so many-perhaps.
Now-less than four months after the terrible deed enacted in the pencil factory on Saturday, April 26- there is not a hamlet a crossroads store or a country or city home in all Georgia that has not heard of every party to the sordid story, and that has not discussed everyone of them, together and singular, from every point of view imaginable!
It is more than morbid curiosity upon the part of people that prompts this great and never-flagging interest in the Phagan case-it is more than the mere fascination of crime that links the heart and mind of the people to it.
In the case of Leo Frank there is that indescribable element we call "human interest," that vague and elusive thing that tugs at the heartstrings and nags at the conscience- there is the knowledge upon the part of the public that a monstrous crime has been committed, and that responsibility for it must be fixed, no matter the cost and no matter the effort!
The public does not clamor for Leo Frank's life so much, nor for Jim Conley's-it demands that responsibility for Mary Phagan's brutal murder be fixed, and it will not be satisfied until that responsibility IS fixed.
At the same time, I believe-and I have believed all along-that the public wants to see justice done and fair play indulged in.
If Frank is not guilty he has been punished already beyond reason or reparation. He should be turned loose, with every amend decency and mistaken zeal may summon to their embarrassed effort at righting a frightful wrong.
If, however, he is guilty, and that is shown, then the inconvenience and discomfort accorded him thus far will matter little, if anything.
It is a tremendously big game the lawyers are playing in the stuffy little courtroom in the old City Hall Building.
On one side is the majesty of the law of the land, that must be maintained at any and all cost-that majesty of the law that may be invoked in behalf of the humblest no less than the highest. On the other hand is the defendant-an abstract thing in the sight of the law.
On one side is the great State of Georgia, calling for a "tooth for a tooth and an eye for an eye"-on the other side are those guaranteed rights of citizens, embodied in Frank, that must not be challenged lightly or without complete and compelling reason.
It Is a Big Game.
It is a big game-it involves that most precious of all gifts of God, a human life, and a human reputation, a home and the happiness thereof. It is a game, nevertheless, that involves on the contrary a sinister charge of utter unworthiness upon the part of the man who still protests his rights to these precious gifts, jealously given of a Divine Power, and as jealously guarded by His laws, no less than by the laws of human beings.
One can not get away from the conclusion, cited many times, that, after all is said and done, Frank's character will determine the verdict in the case now on trial.
His character will be found to be his greatest asset and his most sure dependence, in this his hour of pressing peril-as his lack of it, if shown, must prove to be his final and everlasting damnation.
Frank, by injecting his character in issue, has challenged the worst upon the part of the State.
He has cited scores of witnesses to uphold it-he has made a brave, and maybe an abundant, showing.
The State, however, says it will break down that character-that it will show Frank's unspeakable depravity, even as charged glibly and smugly by the negro, Conley, as yet uncorroborated by any person the most abandoned would care to believe.
If the State can do this thing--
Can it be possible that Frank, through all these years, has been leading a double life?
Can it be true that he has, while professing to be an honorable and upright man, a faithful husband, a dutiful and worthy son, a deserving and decent friend among his neighbors and his kind, nevertheless been, really, a moral degenerate, an ignoble and deceitful creature-and can it be that these things, so long and so cleverly concealed, at last led him to murder?
The State's Contention.
The State holds that his family circle, his intimate social acquaintances, and his business associates, would, as a matter of fact, be the last people in the world to know the truth of Frank's double life-for, say they, Frank would employ every artifice and summon to his aid every possible device to keep those very people from discovering the truth concerning him.
This, so the State contends, is precisely what Frank did do-and in that way they justify his alleged intimacy with Conley and his quick calling upon Conley for help, when eventually he found himself with the blood of a human being on his guilty hands.
The State is asking a good deal when it asks the public to believe this of Frank, in the light of the evidence of his good character tendered last week, and it hardly is possible that the public WILL believe it, unless the State makes its charges crystal clear.
Men will ask themselves-and will ask themselves wisely-whose reputation is safe, if it may be brushed away and broken down by the uncorroborated word of such a creature as Conley?
But, Conley uncorroborated in one thing-while Conley corroborated is quite and altogether another!
The State is yet to be heard in rebuttal of Frank's character witnesses -and so judgement must be suspended pending their revelations.
The only point is-and it has been an evident point so long that to re-emphasize it seems trite-the State must make good on its sinister charge of perversion and degeneracy upon the part of Frank, or its case will be greatly weakened, perhaps beyond repair.
I have an idea that Frank's statement on the stand may weigh heavily in the minds of the jury.
Frank the Star.
Indeed, it is not improbable that the very best jury speech and jury argument put forth in defense of Frank, with all due appreciation and respect of and for Mr. Rosser and Mr. Arnold, will be made by Leo Frank himself!
His statement, although not sworn to, will carry an appeal that hardly can be framed of other lips-either that, or it will fall flat and stale and of no consequence whatever.
The trial long ago resolved itself into a matter of Frank vs. Conley.
It is the defendant's word against the negro's.
Both have self interest in the verdict-the life of one or the other must pay the forfeit of Mary Phagan's murder.
The forthcoming statement of Frank, and the rebuttal of the character witnesses, constitute the two events ahead that may, within themselves, make or mar this case, as one may come to view it eventually.
And it is this situation, no doubt, that holds up the interest to-day, as the fourth week begins-for, despite all that has gone before, the case is not yet nearly ended, and there still remains many things undetermined.
PAGE 71, COLUMN 3
GIRL WORKER WHO TESTIFIES TO GOOD CHARACTER OF LEO FRANK
Miss Opie Dickerson, who praised Frank and denounced Conley.
She was one of many factory employees who aided accused.
PAGE 81, COLUMN 1
FRANK READY TO TAKE STAND
PAGE 81, COLUMN 7
LAWYERS URGED BY ACCUSED TO PERMIT CROSS-EXAMINATION
That Leo Frank, accused of the murder of Mary Phagan, will take the stand in his own defense Monday morning was the announcement made by Attorney Reuben Arnold just before the trial was resumed at the opening of the fourth week.
A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case, merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.
When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for the Atlanta Journal.
Branch was asked:
"Can you give any estimate of the time taken in conversation in Conley's re-enactment of the crime?" He replied that it took about fifteen minutes.
Q. You never said it was about half the total time, did you? A. I don't recall.
Attorney Arnold took the witness.
Took Two Minutes To Write Notes.
Q. You said it took about fifteen minutes to cover the time lost in conversation? A. Yes.
Q. He began at 12:18 and you left at 1:08? That would be about 50 minutes that you were there? A. Yes.
Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?
Q. How long did he stay in the wardrobe? A. About one minute.
Q. Did you see Conley in the newspapermen's room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.
Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.
Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.
Walk Required Castro Four and Half Minutes.
Q. How long did it take you? A. Four and one-half minutes.
Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets? A. I did.
Q. How long did it take you? A. Three minutes and twenty seconds.
Q. Did you walk from Broad and Hunter streets to the Pencil Factory? A. Yes.
Q. How long did it take you? A. One and one-half minutes.
The witness was excused.
Dorsey Plans To Use Defense's Witnesses.
Solicitor Dorsey, successful Saturday in introducing testimony as to the actual time it required for Jim Conley to enact his story of the disposal of Mary Phagan's body at the National Pencil Factory, prepared Monday to continue his examination of the defense's own witnesses along this line and later to put on witnesses for the State further to discredit the reliability of the test made by Dr. William D. Owens and three other men.
The Solicitor made a hard fight to get the evidence in. He made as hard a fight to keep out the testimony of Dr. Owens, but failed. When Harllee Branch, one of the newspaper men who made the trip through the factory with Conley, was called to the stand by the defense to testify in regard to an interview with the negro, Dorsey, as soon as the direct examination was concluded, started to question the witness as to his estimate of the time it required Conley
PAGE 82, COLUMN 1
DORSEY STRIVES TO USE DEFENSE'S WITNESSES TO SMASH TIME THEORY
Continued from Page 1.
to go through the factory May 30 and illustrate his version of the manner in which the Phagan girl's body was taken into the basement.
An instant and strenuous objection came from the lawyers for the defense. They protested taking the time that it required Conley to go through with the details he had described on the ground that he, knowing the possibility that he might later be charged with the crime itself, might probably have hurried through with it so as to leave the impression that the deed could have been done within the time that Frank was in the factory between 12:56 and the time he left for home.
Dorsey argued that the judge had let in an experiment by persons who knew of the alleged events of the day only by hearsay, so why not let in an experiment by a person who actually had taken a part in them. His argument won.
Victorious in this legal skirmish, the Solicitor was ready to press his advantage when court reopened Monday for the fourth week in the trial of Leo M. Frank on the charge of murdering the Phagan girl. His main endeavor was to show the unreliability of the estimate of Dr. Owens and his associates in the experiment by the defense. He also wanted to approximate as nearly as possible the actual time that it took Conley to reproduce the events, which the State claims were a part of the tragedy.
Tests Seem Fair To Neither Side.
So far as the testimony has developed along this line the time required for the enacting of Conley's story does not appear to be a fair test either for the State or the defense. The testimony already in is to the effect that the elapsed time from the moment Conley entered the factory building in charge of the officers until he went from second floor to basement and back again was about 47 minutes.
This estimate is evidently unfair to the State, as Conley was stopped several times in his narrative and was asked on other occasions to stop and illustrate the position of the dead girl's body. The interruptions served to lengthen the time that the negro took in going through the impressive drama.
The Solicitor from the witnesses yet to be examined will seek to show that these interruptions consumed an exceedingly large share of the time, and that the time occupied in the actual reproduction of the events of the day of the tragedy was comparatively brief.
A number of character witnesses were still to be called by the defense. If Frank's lawyers still were of the intention to omit no one who might help the case of the accused man, it was certain that most of the day would be taken up with the testimony of the character witnesses who had not as yet been examined.
Defense Would Show Bias of Detectives.
The defense also had planned to go into a number of interviews that were published during the progress of the investigation into the murder mystery in an effort to show that the detectives from the first have been obsessed with the idea that no one else than Frank could have been guilty of the crime, and that they have refused to entertain any other theory or follow out the possibility of the guilt of any other person.
If this phase of the investigation is developed, it is likely that Chief of Detectives Lanford will be called to the stand and asked concerning his attitude throughout the search for the murderer.
The State has more than a score of character witnesses to be used in the rebuttal of the testimony given by persons who have sworn to the good character of the young factory superintendent. It is known that a number of them have sensational stories to disclose. What part of their testimony will be permitted to go on the record is problematical.
The defense has fought strenuously the introduction of testimony by which the State has sought to show that Frank has been guilty of grossly immoral conduct.
Frank's lawyers brand these stories as slanderous and untrue. They are able to refute them, they say, by the word of scores of reputable citizens but they assert that Frank is not being tried on any other charge than that of murder and that, therefore, the testimony in regard to alleged acts of immorality is utterly irrelevant, immaterial and illegal.
Doors Closed on Specific Instances.
Since the ruling of Judge Roan, closing the doors to the introduction by the State of evidence relating to particular incidents of alleged misconduct, Solicitor Dorsey has been unable to get substantiation of his charges of immorality before the jurors. The sole exception to this was in the cross-examination of Miss Irene Jackson, one of the defense's witnesses. Frank, according to Miss Jackson, three times to her knowledge came to the girl's room, opened the door and looked in upon the girls there and then turned and walked away.
The State will construe this as one of the indications of Frank's attitude toward his young women employees. The defense will set forth that the young women were supposed to be at work at 7 o'clock and Frank looked into the room fifteen minutes later to see whether they had arrived or not.
Shadow of Death on Mary Phagan's Home.
The shadow of death was on the home of Mary Phagan Monday morning. Her grandmother, Mrs. A. E. Benton, of Marietta, died late Sunday night after having a vision in which she saw the slain girl alive and happy. Mrs. Benton had been visiting the Coleman home, No. 704 Ashby street since the trial of Leo Frank began. She was confined to bed the second day of the trial when the details of the finding of the body were rehearsed.
"After my mother was confined to her bed her one hope was that she would live until the end of the trial," said Mrs. Coleman. "Poor little Mary was her favorite grandchild and she never ceased talking about her."
Mrs. Benton is survived by two daughters, Mrs. J. W. Coleman and Mrs. J. W. Barmore, of Marietta, and four sons, Jack Benton, of Riverside, and Hardy, Thomas and Durell Benton, of Atlanta. The funeral arrangements have not been completed.
Phagan Jurors Dwell Together in Harmony.
The jury in the Frank case is an ideal one so far as their personalities are concerned, according to Chief Deputy Sheriff Plennie Miner.
"These men are considerate of each other and there has not been a single kick yet," said the deputy. "They retire at practically the same time and arise in the same manner. This is different from most juries, on which there are oftentimes cranks. One man will retire at 7 and the next one at 1 o'clock. One man will want a room on the first floor and the other one will want to sleep on the roof.
"They are a cheerful lot, and there is never any discussion as to what they will do. If one wants to go for a walk, all are ready. There has been no kick on the food or the censorship of their mail and reading matter. If these men are as ideal at home as they are on the jury, all must have happy homes."
PAGE 82, COLUMN 3
Solicitor Dorsey Hammering Down Point for State
Dorsey has shown remarkable all-round ability.
HUGH DORSEY.
PAGE 83, COLUMN 1
LEO FRANK'S OWN STORY TO ADD FINAL TOUCH TO STATE'S GREATEST TRIAL
By JAMES B. NEVIN.
It is rather an extraordinary thing that on this Monday, the beginning of the fourth week of the most remarkable murder trial ever held in Georgia, the interest should be in nowise abated or lessened, and that the opening of court to-day saw the biggest, hungriest and most insistent crowd of curious spectators yet on hand at the opening of court.
Far from letting go the Phagan mystery, the public to-day seems to be gripping it even more eagerly than ever before.
Opinion still is widely divided as to the guilt or innocence of Leo Frank, and there have been many switches of conclusion and reversals of theory, pro and con, within the past week, and no doubt there is much more of the same sort of thing to come.
People to-day believe Frank guilty who started out believing him innocent, and the rule is working right around the other way, moreover!
Despite the many things that have been said and the countless things that have been written of the Frank trial and all that led up to it, it remains, on the threshold of its fourth week, the most absorbing melodrama ever enacted in Atlanta-the most bitterly fought and the most uncompromisingly contested trial known to the criminal history of the State of Georgia.
The principal parties to the case are, of course, Mary Phagan, the dead girl; Leo Frank 'the defendant at bar, and Jim Conley, the grimly accusing negro.
Four months ago no one of these people was known to many Georgians. Mary Phagan, a sweet little working girl, had a circle of perhaps a hundred friends-not 1 per cent of the population of Atlanta ever had heard of her.
Frank Little Known.
Leo Frank, the superintendent of the National Pencil Factory, was hardly known by very many more people-he had a business and college acquaintance, and a limited circle of social intimates. Not more than 2 or 3 per cent of Atlanta's population ever had heard of him.
Jim Conley, the negro, more than well known in police circles, along the way of the "Butt In" bar in Peters street, and a familiar figure enough along Darkest Decatur, numbered among his respectable acquaintances not more than 50 people -if nearly so many-perhaps.
Now-less than four months after the terrible deed enacted in the pencil factory on Saturday, April 26- there is not a hamlet a crossroads store or a country or city home in all Georgia that has not heard of every party to the sordid story, and that has not discussed everyone of them, together and singular, from every point of view imaginable!
It is more than morbid curiosity upon the part of people that prompts this great and never-flagging interest in the Phagan case-it is more than the mere fascination of crime that links the heart and mind of the people to it.
In the case of Leo Frank there is that indescribable element we call "human interest," that vague and elusive thing that tugs at the heartstrings and nags at the conscience- there is the knowledge upon the part of the public that a monstrous crime has been committed, and that responsibility for it must be fixed, no matter the cost and no matter the effort!
The public does not clamor for Leo Frank's life so much, nor for Jim Conley's-it demands that responsibility for Mary Phagan's brutal murder be fixed, and it will not be satisfied until that responsibility IS fixed.
At the same time, I believe-and I have believed all along-that the public wants to see justice done and fair play indulged in.
If Frank is not guilty he has been punished already beyond reason or reparation. He should be turned loose, with every amend decency and mistaken zeal may summon to their embarrassed effort at righting a frightful wrong.
If, however, he is guilty, and that is shown, then the inconvenience and discomfort accorded him thus far will matter little, if anything.
It is a tremendously big game the lawyers are playing in the stuffy little courtroom in the old City Hall Building.
On one side is the majesty of the law of the land, that must be maintained at any and all cost-that majesty of the law that may be invoked in behalf of the humblest no less than the highest. On the other hand is the defendant-an abstract thing in the sight of the law.
On one side is the great State of Georgia, calling for a "tooth for a tooth and an eye for an eye"-on the other side are those guaranteed rights of citizens, embodied in Frank, that must not be challenged lightly or without complete and compelling reason.
It Is a Big Game.
It is a big game-it involves that most precious of all gifts of God, a human life, and a human reputation, a home and the happiness thereof. It is a game, nevertheless, that involves on the contrary a sinister charge of utter unworthiness upon the part of the man who still protests his rights to these precious gifts, jealously given of a Divine Power, and as jealously guarded by His laws, no less than by the laws of human beings.
One can not get away from the conclusion, cited many times, that, after all is said and done, Frank's character will determine the verdict in the case now on trial.
His character will be found to be his greatest asset and his most sure dependence, in this his hour of pressing peril-as his lack of it, if shown, must prove to be his final and everlasting damnation.
Frank, by injecting his character in issue, has challenged the worst upon the part of the State.
He has cited scores of witnesses to uphold it-he has made a brave, and maybe an abundant, showing.
The State, however, says it will break down that character-that it will show Frank's unspeakable depravity, even as charged glibly and smugly by the negro, Conley, as yet uncorroborated by any person the most abandoned would care to believe.
If the State can do this thing--
Can it be possible that Frank, through all these years, has been leading a double life?
Can it be true that he has, while professing to be an honorable and upright man, a faithful husband, a dutiful and worthy son, a deserving and decent friend among his neighbors and his kind, nevertheless been, really, a moral degenerate, an ignoble and deceitful creature-and can it be that these things, so long and so cleverly concealed, at last led him to murder?
The State's Contention.
The State holds that his family circle, his intimate social acquaintances, and his business associates, would, as a matter of fact, be the last people in the world to know the truth of Frank's double life-for, say they, Frank would employ every artifice and summon to his aid every possible device to keep those very people from discovering the truth concerning him.
This, so the State contends, is precisely what Frank did do-and in that way they justify his alleged intimacy with Conley and his quick calling upon Conley for help, when eventually he found himself with the blood of a human being on his guilty hands.
The State is asking a good deal when it asks the public to believe this of Frank, in the light of the evidence of his good character tendered last week, and it hardly is possible that the public WILL believe it, unless the State makes its charges crystal clear.
Men will ask themselves-and will ask themselves wisely-whose reputation is safe, if it may be brushed away and broken down by the uncorroborated word of such a creature as Conley?
But, Conley uncorroborated in one thing-while Conley corroborated is quite and altogether another!
The State is yet to be heard in rebuttal of Frank's character witnesses -and so judgement must be suspended pending their revelations.
The only point is-and it has been an evident point so long that to re-emphasize it seems trite-the State must make good on its sinister charge of perversion and degeneracy upon the part of Frank, or its case will be greatly weakened, perhaps beyond repair.
I have an idea that Frank's statement on the stand may weigh heavily in the minds of the jury.
Frank the Star.
Indeed, it is not improbable that the very best jury speech and jury argument put forth in defense of Frank, with all due appreciation and respect of and for Mr. Rosser and Mr. Arnold, will be made by Leo Frank himself!
His statement, although not sworn to, will carry an appeal that hardly can be framed of other lips-either that, or it will fall flat and stale and of no consequence whatever.
The trial long ago resolved itself into a matter of Frank vs. Conley.
It is the defendant's word against the negro's.
Both have self interest in the verdict-the life of one or the other must pay the forfeit of Mary Phagan's murder.
The forthcoming statement of Frank, and the rebuttal of the character witnesses, constitute the two events ahead that may, within themselves, make or mar this case, as one may come to view it eventually.
And it is this situation, no doubt, that holds up the interest to-day, as the fourth week begins-for, despite all that has gone before, the case is not yet nearly ended, and there still remains many things undetermined.
PAGE 83, COLUMN 3
GIRL WORKER WHO TESTIFIES TO GOOD CHARACTER OF LEO FRANK
Miss Opie Dickerson, who praised Frank and denounced Conley.
She was one of many factory employees who aided accused.