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The Atlanta Constitution,
Monday, 4th August 1913,
PAGE 1, COLUMN 3.
Defense Intimates Trial Will Run Into Middle of Third Week With Defendant Final Witness
It will probably be Wednesday or Thursday of next week before Leo Frank takes the stand to explain his actions on the day Mary Phagan was slain.
This was intimated last night by attorneys associated with the defense, who stated that the trial very likely would run into the middle of the third week, and that, from present plans, the defendant would be the final witness.
It is understood that the defense will introduce much expert testimony, and that it will be of exceedingly interesting nature. Physicians, it is stated, will testify in rebuttal to evidence produced by the prosecution.
The session this afternoon will begin with the statement of an expert chemist, who is testifying in behalf of the state Dr. Roy F. Harris, secretary of the state board of health, who testified Friday of examining Mary Phagan's stomach and of finding undigested food, indicating, in his belief, that death had ensued within an hour after she had eaten dinner.
Thus far, the story told by Dr. Harris is the most interesting in the famous case. It also furnished more thrills than any other phase. A wave of intense interest surged over the courtroom as he explained the minute details of his examination of the corpse, and told of his opinions regarding the cause of death and the time at which it had been committed.
A vigorous battle will be waged over his testimony. In an effort to discredit the statement that Mary Phagan was slain within an hour after her noonday meal, Dr. J. W. Hurt, coroner's physician, was kept on the stand for three hours Saturday morning, and examined mercilessly by the defense.
It is intimated that Reuben Arnold will handle the expert testimony introduced by both sides.
PAGE 1, COLUMN 5
Their Testimony Is Important In the Trial of Leo M. Frank
EMIL SELIG. DETECTIVE D. L. WAGONER.
DR. H. F. (ROY) HARRIS. CHIEF NEWPORT LANFORD.
EMIL SELIG. DETECTIVE D. L. WAGONER.
DR. H. F. (ROY) HARRIS. CHIEF NEWPORT LANFORD.
Photo by Francis E. Price. Staff Photographer.
Chief interest in the Frank case today centers in the appearance at this afternoon's session of court of Dr. H. F. Harris, who collapsed on Friday afternoon while giving testimony fixing the murder hour of Mary Phagan. Detective D. L. Waggoner was on the stand Saturday morning. Emil Selig, father-in-law of Frank, will probably be called by the defense. Chief Lanford has been an interested spectator since the trial began. It was under his direction the evidence against the prisoner was gathered. It is not yet known whether he will testify or not.
PAGE 1, COLUMN 5
Every Man on Frank's Jury
Quiet Sunday for Twelve Jurors
Gets "Nickname" for Trial
By Vernon Stiles.
As completely cut off from knowledge of the happenings of the outside world as though they were marooned on an island of the South seas, and yet tantalized by the swirling life around them, twelve men have lived for the past week in the heart of Atlanta. Their days has been spent in a crowded courtroom, where they listened to the wrangle of lawyers and the more or less conflicting statements of the witnesses, and their nights have passed in three crowded rooms behind locked doors, where the tiny iron beds give the place grim and bare aspect of a hospital ward.
Before them during the day is always the sight of a man whom they will be asked to brand as the vilest criminal of Georgia's history, and whom they will also be asked to liberate and free from the stigma that even the state's charge against him now places on his name.
Tragedy Always Present.
In their mind's eye is always the vision of that dark factory basement, of the little murdered girl, victim of some fiend. The story of that morning in the basement when the child's body was found has been described to the jurymen in the uncouth and yet striking and picturesque words of the night watchman who found the body and in the clearer language of the white men who followed Newt Lee's call that morning.
Outside the courtroom they know that a mother sits, praying that the God above will lead His people here to find out the real murderer and follow the laws that were first written on stone tablets take the life of the slayer for that of his victim.
By the side of the man whom they must judge sit two women wife and mother the persons closer than any others to him. With the wonderful love and unreasoning belief that the great Maker of the universe has put into womankind, they can see only one thing.
To them the awful deed pales into insignificance beside the charge against the husband and son, and they can never see that there is the slightest suspicion for the state's charges which are now being investigated with a view to clearing the man if the evidence does not show him guilty, and of convicting him if the results of the trial point without a reasonable doubt to that end.
Despite the tragedy that stares into the faces of the twelve jurors which might seem enough to break their health, the men seem to live, outside of the courtroom and despite the confining quarters, the ordinary life of other men.
Acquire New Friendships.
Laughter and jokes pass away the time, and gradually, the men have come to know each other and to acquire friendships some of which are due to prove of lasting qualities.
Although the jurors passed Sunday, a long and tiresome day probably the longest Sunday of their lives they referred little to the days in the courtroom and seemed to follow the orders of the judge when he told them to keep their minds clear until all the evidence had been submitted.
Life goes on in the close sleeping quarters of the jurymen as life will go on in any place, be it the crowded tenement district of New York, or the little cabin home on the coast of Georgia, with the nearest neighbor a mile away and the front yard sweeping out miles before the vision to the endless expanse of the broad Atlantic.
Without making the open agreement in regard to their evenings during the past week the men strove to amuse each other and the open spirit of man to man sought out its comrades.
"These fellows are just as full of fellowship and fun with each other as though they'd been reared together," is the way in which Deputy Foster Hunter described the men who were in his care Sunday.
How Men Spent Sunday.
The words of the deputy who had been with them the greater part of the day were simple and spoken with no particular thought of the wonderful trait of humanity, the saving trait of humanity that they described, but when one thinks of the real meaning behind that description, one sees into the real depths of the men who must decide the fate of Leo M. Frank.
The deputy then went on to describe the way in which the men had spent Sunday. They had stayed within the confines of the three-room suite at the Kimball house during the day, except for an hour after dinner, when he sat with them on the narrow veranda overlooking the street, while the jurymen watched with covetous eyes the passing flow of humanity, the coming and going of motor vehicles, the rattle of Atlanta's cabs and the smoke that boiled and belched as some train pulled out of the depot, its engineer watching the track before him as the line of cars headed for some far-distant city where other lives moved and swept by in the hurry of life.
Sometimes the jurymen cracked jokes as a new automobile came by, its woodwork shining with the glisten that shows fresh paint and newness, and one man would call to another to "come and see what's been invented since we've been locked up."
For recreation the jurymen played cards and other games, as their individual desires prompted. Dominoes and setback, with maybe a poker game or two (though the deputy didn't
Continued on Page Two.
PAGE 2, COLUMN 6
EVERY MAN ON JURY GIVEN A NICKNAME
Continued From Page One.
mention poker), proved the games that helped most to pass the hours away.
Magazines and books are plentiful in the large room which serves as a sort of living room and some of the men spent part of their time in reading.
Every Man Has Nickname.
That not all of the time has been spent in reading or playing games is shown by the spirit of comradeship that has been developed among the men on the jury.
"Why those fellows know the entire history of every other man and they've quit calling each other by their ordinary names," said Deputy Hunter.
"Every man in the crowd's got a nickname and it's against the rule to call him by anything else. There's one fellow been married just four months and they call him 'Bride,' and here the deputy broke off to chuckle at the thought of the newlywed and the many good-natured jokes he had heard flung at him.
"And there's another man there they call 'Starnes.' He's M. Johenning, the juryman with the mustache and rather thin face. They all decided he looked like Detective Starnes, who's been working on the case.
And there's "Judge Roan" and "Luther without the Roar," called "Luther-Without," for short, and an even dozen in all.
The jurymen took life easy Sunday. They arose rather early and took their baths and donned fresh linen sent from home and then had their breakfast. A couple of bell boys brought in a long table that is kept in the hall and waiters spread the meal out before the prisoner-guests.
Take Long Walk in Evening.
That was the way in which each meal was served and after the supper the jurymen were taken for a long walk in the cool of the evening.
While the men are on jury duty there is very little communication that they can have with their families or with their business associates. They may write and receive letters, but a deputy must read and O. K. each one before the juryman sends out his mail or reads that which comes to him.
Day by day the same routine goes on until there is hardly a wonder at the action of the juryman who followed the deputy to the door when he answered the reporter's knock and said: "Bo, for goodness sake tell me what's happening in the outside world."
PAGE 1, COLUMN 7
DR. H. F. HARRIS
WILL TAKE STAND THIS AFTERNOON
Secretary of State Board of Health Will Resume Testimony Interrupted by His Collapse on Last Friday.
STATE TO USE PHOTO OF SPOT WHERE BODY WAS FOUND BY NEGRO
Friends and Relatives Besiege
Prisoner in Cell on Sunday.
Shows Little Evidence of Strain of Trial, Say Jail Officials.
The state will open this afternoon's session of the Frank trial with Dr. Roy Harris on the stand, it is stated, if the physician's health is as much improved as it was on Sunday.
The solicitor had not finished his examination of Dr. Harris on Friday afternoon when he collapsed upon the stand and necessitated the support of Deputy Sheriff Plennie Miner in moving from the courtroom.
A sharp clash is expected between the state and defense over Dr. Harris' testimony. In an exacting cross-examination of Dr. J. W. Hurt Saturday morning, the defense proved that many of the opinions held by the two physicians were conflicting.
State Will Use Photo.
The solicitor has requested a reporter of The Constitution to produce in court this morning a photograph taken by The Constitution staff photographer on the morning of the discovery of the murder of the spot in the pencil factory basement at which Mary Phagan's body was found. Just what use to which the picture will be put has not been divulged.
Arrangements have been made by Deputy Miner to prevent overcrowding the courtroom, which has been the case in the later sessions of the trial. Instructions will be given doorkeepers to let only a certain number within the building, after which the doors will be closed to all those who are not engaged in the proceedings.
Frank spent a restful Sunday in his cell in the Tower. Throughout the day, friends and relatives besieged his cell. His health, it is stated by jail officials, is good, and he shows but little evidence of the strain caused by the trial. His wife and mother remained at home during the day, recuperating from the effects of the long hours' stay in the courtroom. They did not appear at the jail at any time during Sunday.
Will Use Dobbs Again.
Police Sergeant L. S. Dobbs, who has already been on the stand for the state in the Frank trial, is expected to be recalled this morning, as his name was called Saturday afternoon and his absence alone prevented him being used again.
What further detail the state expects to bring out by the police officer is not known and it may be that he will be kept on the stand only a few minutes to tell a few additional things about the trip to the factory the Sunday morning that the body was found and thus impress certain facts upon the jury.
Jim Conley, the negro sweeper, will be placed on the stand some time during the early part of the week, probably Tuesday or Wednesday, as the state is gradually paving the way and leading up to Conley's statement.
Will Lanford Take Stand?
Before Conley takes the stand Newport Lanford, chief of the detective department, may be put up. Solicitor Hugh Dorsey refuses to say definitely whether or not he will use Chief Lanford, but it is known that the defense has made preparation to
PAGE 2, COLUMN 1
attack him and fight against him the same battle that battered John Black to pieces.
Chief Lanford will be confronted with the various statements he made during the progress of the trial and the belief is that the defense will try to show that he went into the case with the view of fastening the crime upon one man, the man against whom suspicion did not seem to point for a few days, but who is now the defendant in the case.
Just what will happen when the experienced detective faces the grilling that Luther Rosser is capable of, or the alert and confusing questions that Reuben Arnold can fire at a witness, is a matter of much speculation.
Mrs. May Barrett, who was examined by the solicitor and who was expected to appear during the trial has not been called upon, and whether or not she will take the stand is yet unknown.
Mrs. Formby in Background.
Mrs. Mina Formby has remained in the background thus far, and while the woman recently declared that she would be at the trial to testify, she has not so far been mentioned and apparently no effort has been made to pave the way for the story she is said to have.
That the state is yet holding something to be used in the final effort is known, and yet what that is no one can say. From the attitude of the state's lawyers, something is yet to come, but whether it will be of more importance than what has already been developed remains to be seen.
It is expected that at least two days will be taken up by Conley's statement and cross-examination, and should the negro be brought up as early as Tuesday and used as the final witness, the defense would not open its case until Thursday.
Already the state has introduced numbers of its witnesses. Sergeant Dobbs, Detective John Black and Pinkerton Detective Harry Scott, "Boots" Rogers and others who went to the factory and saw the body of Mary Phagan, have told their story.
N. V. Darley, one of the factory heads, and various employees of the factory have been used.
PAGE 2, COLUMN 2
Leo Frank's Trial Is Attracting Universal Interest in Georgia
By Britt Craig.
There has never been a trial in Georgia's records rivaling the Frank case in general interest throughout the state, even the Grace case being a poor second.
The Myers trial the famous Will Myers murder case which is yet to receive its final chapter created considerable interest, both locally and throughout the state, but was a mere shadow beside the present case.
The Appelbaum case was a short one; was put through the courts more as a matter of routine than anything else. Mrs. Appelbaum is still in Atlanta, and attending the Frank trial.
Will Consume Three Weeks.
There is no doubt that the Frank trial will run into its third week. That much has already been predicted by attorneys for both the state and defense. Since they are naturally conservative in their estimates it is possible it may last longer.
There will be at least twenty or more days of it twenty or more days of feverish interest, with the excitement growing as each day brings closer the climax. The jury may be a long time in reaching a verdict.
Interest is not confined to Atlanta. There is not a remote rural section in the highlands of northeast Georgia, or the swamplands bordering the south, that has not caught the contagion. If you're from Atlanta, they'll talk Frank trial instead of the weather, and if you know anything whatever about the case, you're a popular visitor.
Of course, the present case does not exceed the Grace case in national interest. Mrs. Grace was a woman of a very interesting type, and he was a southerner, member of a prominent family. She was a native of the north, and naturally this caught the papers.
Papers Follow Suit.
The Philadelphia papers carried much of the Grace story, and, naturally, the New York papers followed suit. Not that New York papers pattern after the Philadelphia papers, but the former have much circulation in the Quaker City. And, when anything becomes interesting to New York, it spreads nationally.
That illustrates why the Grace and Frank cases differ. The Grace case attracted wider interest simply because Mrs. Grace happened to come from Philadelphia. The Philadelphia papers "played up" the story, and the New York papers did likewise, in a kind of self-defense. Anything that goes in New York, it may be taken for granted, will go in any community from Jersey City to Lakeland, Fla.
If the Frank case had happened in New York, the Associated Press wires would be red hot with the story each morning and night. Just because it's in New York, it's interesting, whatever it might happen to be. Although you were a thousand miles from them, you'd know just as much about Leo Frank and Mary Phagan and the National Pencil factory as you now do. It's purely a question of perspective.
Because it's in New York it happens to be big. Because New York is connected with the matter, it happens to be big. Because it is in Atlanta, it doesn't happen to be so big. "Play it down," order the editors, and they do.
It's Different in Georgia.
But, in Georgia it's different. It's different, even to the entire southland. Atlanta is the most interesting spot in the south and consequently are interested in what happens to happen therein.
Atlanta is Georgia's New York it is the New York of that territory this side of the Mason and Dixon line. It is, therefore, quite natural that statewide interest should exist in the Frank case. But, outside of that, if the case should have occurred in Ebenezer, Ga., or Cherokee, N. C., it would be just as interesting, purely for the fact that it was an exceptional mystery, and mysteries, like the regret that Eve bit the apple, will never grow old.
Here is a little girl, pretty, pure and in the bloom of life, found murdered in the blackness of a factory basement, an ideal spot for crime of the foulest character. Two notes, as mysterious as the murder itself, are discovered beside her body.
Suspicion soon points its finger at the superintendent of the factory, a college graduate, man of culture and conspicuous in business. He is arrested, put under the police third degree, held by the coroner and indicted by the grand jury.
Interesting Events Result.
Event follows event one thrill paved the way for another. As a result of the investigation, a dictagraph scandal arises which involves an entire police department and a legal figure of prominence in the south. A negro confesses complicity in the murder, and accuses the suspected superintendent of the actual deed.
The interest is intense. The trial begins. It is the most sensational of the state's history. The newspapers are full of it.
Is it not enough to stir a nation? But yet, because it is not in New York, the papers of that fickle metropolis have not, in all, carried more than a column of the entire case.
The trial promises to be more interesting as it progresses. The bulk of the expert testimony is yet to come, and, in a big trial, what is more interesting than the testimony of experts? Only the statement of one expert has thus far been submitted, and it furnished the most thrilling phase of the case, so far.
There will be experts of all kinds giving testimony for both the state and the defense. Jim Conley's statement is yet to come. Many are banking upon it to create the biggest sensation. Yet, one can never tell but there will be sensations bigger than Jim Conley's story.
Ordeal Lasts Three Weeks.
Will Frank withstand the ordeal for three weeks? It has already been established by the defense that he is of an extremely nervous nature, and that he is easily upset. Once, it was stated upon the stand, a wordy argument with one of his officials threw him into a nervous state which lasted throughout the entire day.
And, on another occasion, when he witnessed a street car accident in which a child was killed, he was so unnerved that for the remainder of the afternoon he was unable to work upon his books. It is surely a more trying ordeal to sit and watch the scales of justice waver at a trial in which an effort is being made to send him to the gallows.
During the earlier sessions he maintained composure, but Saturday morning there was evidence of a weakened nervous system, and it was obvious that the strain was having a telling effect. He is a small man, wiry and of nervous temperament of the type that is more easily affected.
Strong Argument for Defense.
If he retains his strength and undergoes the trial as well as many expect of him, it will be a strong argument for his defense.
It might well be stated that the Frank trial has what one might call just begun. The state is yet to play its trump card, although it has, up to date, welded a chain which the solicitor says is satisfactory. The weightiest portion of the case is yet to come. The defense is yet to show its hand.