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The Atlanta Georgian,
Monday, 18th August 1913,
PAGE 29, COLUMN 1.
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."