Leo Frank TV

MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, sworn in for the State, 160th To Testify

MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 15

The detectives learned about the middle of May that Conley could write, although at first he denied it. He made...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 43

Judge Roan, with that awful sense of responsibility, which probably came over him as he thought of that Judge before...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 42

at the time he was an escapee from the Fannin County jail under indictment for felony."I refused to interfere unless...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 41

In the case of Hunter, a white man charged with assassinating two white women in the City of Savannah, who...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 40

Surely, if Judge Roan entertained the extreme doubt indicated by his statement and had remembered the power granted him by...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 39

In this connection, Judge Roan declared orally from the bench that he was not certain of the defendant's guilt that...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 38

It may be possible that his version is correct. The testimony discloses that he was in the habit of allowing...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 37

found by her side, it was urged before me by counsel for the defense that ladies usually carried their handkerchiefs...
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Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 36

hardly seems possible under the evidence that Mary Phagan was at that time being murdered.Lemmie Quinn testifies that he reached...
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100 Years Ago Today: Leo Frank Takes the Stand, Monday, August 18, 1913 in the Temporary Fulton County Superior Court, Atlanta, Georgia

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Today, on the 100th anniversary of Leo Frank taking the stand in his own defense, we present a digest of opinion and contemporary sources on his statement. AT THE CLIMAX of the Leo Frank trial, an admission was made by the defendant that amounted to a confession during trial. How many times in the annals of US legal history has this happened? Something very unusual happened during the month-long People v. Leo M. Frank murder trial, held within Georgia's Fulton County Superior Courthouse in the Summer of 1913. I'm going to show you evidence that Mr. Leo Max Frank inadvertently

Leo Frank’s defense attorneys gather depositions from National Pencil Company employees on June 30, 1913, Atlanta, Georgia

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BY ATTORNEYS L.Z. ROSSER, R.R. ARNOLD, AND H.J. HAAS AT THE PLANT OF THE NATIONAL PENCIL COMPANY, BEGINNING 2:00 P.M., JUNE 30TH, 1913. EXAMINATION OF W.R. FULLERTON. Questions by L.Z. Rosser Esq:- Q. Mr. Fullerton, you were employed as book-keeper on Friday before the murder on Saturday? A. Yes sir. Q. Were you here that day? A. I didn't go to work here Saturday morning. Q. Did you come up to the office here? A. On Friday I did, yes sir. Q. What time did you come here? A. 11:00 o'clock. Q. Who employed you? A. Mr. Frank. Q. In

New Audio Book: The American Mercury on Leo Frank – Judge Leonard Roan’s Charge to the Jury

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  THIS WEEK we present our final installment of our audio books on the subject of the 1913 trial of Leo M. Frank for the strangling and sex murder of his 13-year-old sweatshop employee, Mary Phagan. Today we hear the words of Judge Leonard Strickland Roan (pictured) in his charge to the jury, exactly as they were uttered more than a century ago. A few hours later, the jury returned its verdict of guilty. The Leo Frank case was one of the major factors that led to the founding of the prominent Jewish pressure group, the ADL. This new audio

Leo Frank Trial Closing Arguments of Frank Arthur Hooper, Reuben Rose Arnold, and Luther Zeigler Rosser

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The American Mercury continues its centenary coverage of the trial of Leo Frank for the slaying of Mary Phagan with the closing arguments presented by the prosecution and defense. by Bradford L. Huie IT'S A LONG READ — but an essential one for everyone who wants to consider himself well-informed on the Leo Frank case: the closing arguments from indefatigable Fulton County Prosecutor Hugh M. Dorsey and his assistant Frank A. Hooper, and from Leo Frank's brilliantly skilled defense attorneys Reuben R. Arnold and Luther Z. Rosser. Here we present their final arguments in full — practically the length of

The Leo Frank Trial: Closing Arguments of the Solicitor General Hugh Manson Dorsey, August 21, 22, 23 & 25th, 1913

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by Bradford L. Huie THE AMERICAN MERCURY now presents the final closing arguments by Solicitor Hugh Dorsey (pictured) in the trial of Leo Frank for the murder of Mary Phagan — a powerful summary of the case and a persuasive argument that played a large part in the decision of the jury to find Frank guilty of the crime. It is also riveting reading for modern readers, who have been told — quite falsely — that the case against Frank was a weak one, and told, equally falsely, that "anti-Semitism" was a major motive for the arrest, trial, and conviction

Summary of the Leo Frank Case: 100 Reasons Leo Frank Is Guilty of Murdering Little Mary Anne Phagan on April 26, 1913, in Atlanta Georgia

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by Penelope Lee THIS WEEK, as we are preparing the (very long) audio book version of the Leo Frank defense team and prosecution team closing arguments, the American Mercury is proud to present the new audio book version — never before available in its entirety — of our editor Bradford L. Huie's 100 Reasons Leo Frank is Guilty, read by Miss Vanessa Neubauer. As you listen, you can follow along with the text of the original piece.   **** 100 Reasons Leo Frank Is Guilty Proving That Anti-Semitism Had Nothing to Do With His Conviction and Proving That His Defenders Have Used Frauds

N V DARLEY, Sworn In For The State, 18th To Testify

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  N. V. DARLEY, sworn for the State. My name is N. V. Darley. I am manager of the Georgia Cedar Company, a branch of the National Pencil Company. I have charge of the manufacturing and labor in the Forsyth Street plant. Mr. Sig Montag is my superior. Mr. Frank and I are of equal dignity in the factory. I was at the National Company's factory on Saturday, April 26th. I saw Mr. Frank and left about 9:40 in the morning. I was there Sunday morning at about 8:20. I saw Mr. Frank that morning. Observed nothing unusual when I

GEORGE EPPS, Sworn In For The State, 2nd To Testify

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  GEORGE EPPS, Sworn for the State. I am fourteen years old. I live right around the corner from Mary Phagan's home. I have known her about a year. The last time I saw here was Saturday morning coming to town on the English Avenue car. It was about ten minutes to twelve when I first saw her. I left her about seven minutes after twelve at the corner of Forsyth and Marietta Street. She had on that hat, parasol and things when I left her. She was going to the pencil factory to draw her money. She said she

E F HOLLOWAY, Sworn In For The State, 17th To Testify

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  E. F. HOLLOWAY, sworn for the State. I am day watchman at the National Pencil factory-worked there two years. I was there on April 26th, from 6:30 a. m. till 11:45. I look after the elevator and freight that come in and out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that

HARRY SCOTT, Sworn In For The State, 11th To Testify

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  HARRY SCOTT, sworn for the State. I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank representing the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28th, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a

MRS J A WHITE, Sworn In For The State, 10th To Testify

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  MRS. J. A. WHITE, sworn for the State. I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30 and left again about 1 o'clock. When I got there at 11:30 I saw Miss Hall, the stenographer, Mr. Frank and two men. I asked Mr. Frank if I could see my husband Mr. White. Mr. Frank was in the outside office then. He said I could see him and sent word by Mrs. Emma Freeman for him to come downstairs. My husband

IVY JONES, Colored, Sworn In For The State, 185th To Testify

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IVY JONES (colored), sworn for the State in rebuttal.I saw Jim Conley at the corner of Hunter and Forsyth Streets onApril 26th 1913. He came in the saloon while I was there, between one and two o'clock. He was not drunk when I saw him. The saloon is on the opposite corner from the factory. We went on towards Conley's home. I lefthim at the corner of Hunter and Davis Street a little after two o'clock.IVY JONES, Colored, Sworn In For The State, 185th To Testify

ALBERT MCKNIGHT, Colored, Sworn In For The State, 165th To Testify

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ALBERT Mc Knight, Colored, sworn for the State in rebuttal.This sideboard (Defendant's Exhibit 52) sets more this way than itwas at the time I was there.CROSS EXAMINATIONI don't know if the sideboard was changed, but it wasn't setting likethat is in the corner. I didn't see the sideboard at all, but I don't likethe angle of this plat.ALBERT MCKNIGHT, Colored, Sworn In For The State, 165th To Testify

JAMES CONLEY, Colored, Sworn In For The State, 34th To Testify

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  JAMES CONLEY, Colored, sworn for the State. I had a little conversation with Mr. Frank on Friday, the 25th of April. He wanted me to come to the pencil factory that Friday morning that he had some work on the third floor he wanted me to do. All right, I will talk louder. Friday evening about tree o'clock Mr. Frank come to the fourth floor where I was working and said he wanted me to come to the pencil factory on Saturday morning at 8:30; that he had some work for me to do on the second floor. I

S. L. ASHER, Sworn In For The State, 200th To Testify

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  S. L. ASHER, sworn for the Defendant in sur-rebuttal. About two weeks ago I was coming to town between 5 and 10 minutes to 1 on the car and there was a man who was talking very loud about the Frank case, and all of a sudden he said: "They ought to take that damn Jew out and hang him anyway. " I took his number down to report him. CROSS EXAMINATION. I have not had a chance to report since it happened. S. L. ASHER, Sworn In For The State, 200th To Testify  

N SINKOVITZ, Sworn In For The State, 199th To Testify

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N. SINKOVITZ, sworn for the Defendant, in sur-rebuttal.I am a pawnbroker. I know M. E. Mc Coy. He has pawned his watchto me lately. The last time was January 11, 1913. It was in my place ofbusiness on the 26th of April, 1913. He paid up his loan on August 16th,last Saturday, during this trial. This is the same watch I have beenhandling for him during the last two years.CROSS EXAMINATION.My records here show that he took it out Saturday.N SINKOVITZ, Sworn In For The State, 199th To Testify

M E STAHL, Sworn In For The State, 197th To Testify

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M. E. STAHL, sworn for the Defendant, in sur-rebuttal.I have heard George Kendley, the conductor, express his feelingstoward Leo Frank. I was standing on the rear platform, and he saidthat Frank was as guilty as a snake, and should be hung, and that if thecourt didn't convict him that he would be one of five or seven that wouldget him.M E STAHL, Sworn In For The State, 197th To Testify

T Y BRENT, Sworn In For The State, 196th To Testify

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T. Y. BRENT, sworn for the Defendant in sur-rebuttal.I have heard George Kendley on several occasions express himselfvery bitterly towards Leo Frank. He said he felt in this case just as hedid about a couple of negroes hung down in Decatur; that he didn't knowwhether they had been guilty or not, but somebody had to be hung forkilling those street car men and it was just as good to hang one nigger asanother, and that Frank was nothing but an old Jew and they ought totake him out and hang him anyhow.CROSS EXAMINATION.I have been employed by the defense to

DR JOHN FUNK, Sworn In For The State, 195th To Testify

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DR. JOHN FUNK, sworn for the State in rebuttal.I am professor of pathology and bacteriologist. I was shown by Dr.Harris sections from the vaginal wall of Mary Phagan, sections takennear the skin surface. I didn't see sections from the stomach or the contents. These sections showed that the epithelium wall was torn off atpoints immediately beneath that covering in the tissues below, and therewas infiltrated pressure of blood. They were, you might say, engorged,and the white blood cells in those blood vessels were more numerous thanyou will find in a normal blood vessel. The blood vessels at some distancefrom the

DR GEORGE M NILES, Sworn In For The State, 194th To Testify

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DR. GEORGE M. NILES, sworn for the State in rebuttal.I confine my work to diseases of digestion. Every healthy stomachhas a certain definite and orderly relation to every other healthy stomach.Assuming a young lady between thirteen and fourteen years of age at11:30 April 26, 1913, eats a meal of cabbage and bread, that the nextmorning about three o'clock her dead body is found. That there are indentations in her neck where a cord had been around her throat, indicating that she died of strangulation, her nails blue, her face blue, a slight injury on the back of the head, a

DR CLARENCE JOHNSON, Sworn In For The State, 193rd To Testify

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DR. CLARENCE JOHNSON, sworn for the State in rebuttal.I am a specialist on diseases of the stomach and intestines. I am aphysiologist. A physiologist makes his searches on the living body; thepathologist makes his on a dead body. If you give any one who hasdrunk a chocolate milk at about eight o'clock in the morning, cabbage at12 o'clock and 30 or 40 minutes thereafter you take the cabbage out andit is shown to be dark like chocolate and milk, that much contents of anykind vomited up three and a half hours afterwards would show an abnormalstomach. It doesn't show a

J N STARNES, Sworn In For The State, 192nd To Testify

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J. N. STARNES, sworn for the State in rebuttal.There were no spots around the scuttle hole where the ladder is immediately after the murder. Campbell and I arrested Minola Mc Knight,to get a statement from her. We turned her over to the patrol wagonand we never saw her any more until the following day, when we calledMr. Craven and Mr. Pickett to come down and interview her. We stayedon the outside while she was on the inside with Craven and Pickett. Theycalled us back and I said to her, " Minola, the truth is all we want, and ifthis is

W T HOLLIS, Sworn In For The State, 190th To Testify

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W. T. HOLLIS, sworn for the State in rebuttal.Mr. Reed rides out with me every morning. I don't remember talkingto J. D. Reed on Monday, April 29th, and telling him that GeorgeEpps and Mary Phagan were on my car together. I didn't tell that toanybody. I say like I have always said, that if he was on the car I didnot see him.W T HOLLIS, Sworn In For The State, 190th To Testify

C J MAYNARD, Sworn In For The State, 189th To Testify

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C. J. MAYNARD, sworn for the State in rebuttal.I have seen Burtus Dalton go in the factory with a woman in Juneor July, 1912. She weighed about 125 pounds. It was between 1:30 and2 o'clock in the afternoon on a Saturday.CROSS EXAMINATION.I was ten feet from the woman. I didn't notice her very particularly.I did not speak to them.C J MAYNARD, Sworn In For The State, 189th To Testify

L T KENDRICK, Sworn In For The State, 187th To Testify

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L. T. KENDRICK, sworn for the State in rebuttal.I was night watchman at the pencil factory for something like twoyears. I punched the clocks for a whole night's work in two or three minutes. The clock at the factory needed setting about every 24 hours. Itvaried from three to five minutes. That is the clock slip I punched(State's Exhibit P). I don't think you could have heard the elevator onthe top floor if the machinery was running or any one was knocking onany of the floors. The back stairway was very dusty and showed thatthey had not been used lately

HARRY SCOTT, Sworn In For The State, 186th To Testify

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HARRY SCOTT, sworn for the State in rebuttal.I picked up cord in the basement when I went through there withMr. Frank. Lee's shirt had no color on it, excepting that of blood. I gotthe information as to Conley's being able to write from Mc Worth whenI returned to Atlanta. As to the conversation Black and I had, with Mr.Frank about Darley, Mr. Frank said Darley was the soul of honor andthat we had the wrong man; that there was no use in inquiring aboutDarley and he knew Darley could not be responsible for such an act. Itold him that we

J W COLEMAN, Sworn In For The State, 183rd To Testify

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J. W. COLEMAN, sworn for the State in rebuttal.I remember a conversation I had with detective Mc Worth. He exhibited an envelope to me with a figure" 5" on the right of it.CROSS EXAMINATION.This does not seem to be the envelope he showed me. (Defendant'sExhibit 47 (*51). The figure "5" was on it. I don't see it now. I told himat the time that Mary was due $1.20, and that "5" on the right would notsuit for that.J W COLEMAN, Sworn In For The State, 183rd To Testify

E K GRAHAM, Sworn In For The State, 182nd To Testify

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E. K. GRAHAM, sworn for the State in rebuttal.I was at the pencil factory April 26th, with Mr. Tillander, about 20minutes to 12. We met a negro on the ground floor. Mr. Tillander askedhim where the office was, and he told him to go up the steps. I don'tknow whether it was Jim Conley or not. He was about the same size,but he was a little brighter than Conley. If he was drunk I couldn'tnotice it, I wouldn't have noticed it anyway.CROSS EXAMINATION.Mr. Frank and his stenographer were upstairs. He was at his desk.I didn't see any lady when I

TILLANDER, Sworn In For The State, 181st To Testify

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TILLANDER, sworn for the State in rebuttal.Mr. Graham and I went to the pencil factory on April 26th, about 20minutes to 12. We went in from the street and looked around and I founda negro coming from a dark alley way, and I asked him for the office andhe told me to go to the second floor and turn to the right. I saw Conleythis morning. I am not positive that he is the man. He looked to beabout the same size. When I went to the office the stenographer was inthe outer office. Mr. Frank was in the inner

W W ROGERS, Sworn In For The State, 179th To Testify

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W. W. ROGERS, sworn for the State in rebuttal.On Sunday morning after the murder, I tried to go up the stairsleading from the basement up to the next floor. The door was fasteneddown. The staircase was very dusty, like it had been some little timesince it had been swept. There was a little mound of shavings rightwhere the chute came down on the basement floor. The bin was about afoot and a half from the chute.W W ROGERS, Sworn In For The State, 179th To Testify

W M MATTHEWS, Sworn In For The State, 177th To Testify

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W. M. MATTHEWS, sworn for the State in rebuttal.I have talked with this man Dobbs (W. C.) but I don't know what Italked about. I have never told him or anybody that I saw Mary Phaganget off the car with George Epps at the corner of Marietta and Broad.It has been two years since I have been tried for an offense in this court.CROSS EXAMINATION.I was acquitted by the jury. I had to kill a man on my car who assaulted me.W M MATTHEWS, Sworn In For The State, 177th To Testify

LOUIS INGRAM, Sworn In For The State, 176th To Testify

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LOUIS INGRAM, sworn for the State in rebuttal.I am a conductor on the English Avenue line. I came to town onthat car on April 26th. I don't know what time we came to town. I haveseen that car come in ahead of time several times, sometimes as much asfour minutes ahead. I know Matthews, the motorman. I have riddenin with him when he was ahead of time several times.CROSS EXAMINATION.It is against the rules to come in ahead of time, and also to come inbehind time. They punish you for either one.LOUIS INGRAM, Sworn In For The State, 176th To

W B OWENS, Sworn In For The State, 175th To Testify

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W. B. OWENS, sworn for the State in rebuttal.I rode on the White City line of the Georgia Railway & Electric Co.It is due at 12:05. Two minutes ahead of the English Avenue car. Wegot to town on April 26th, at 12:05. I don't remember seeing the EnglishAvenue car that day. I have known that car to come in a minuteahead of us, sometimes two minutes ahead. That was after April 26th.I don't recall whether it occurred before April 26th.W B OWENS, Sworn In For The State, 175th To Testify

N KELLY, Sworn In For The State, 174th To Testify

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N. KELLY, sworn for the State in rebuttal.I am a motorman of the Georgia Railway & Power Co. On April26th, I was standing at the corner of Forsyth and Marietta Street aboutthree minutes after 12. I was going to catch the College Park car homeabout 12:10. I saw the English Avenue car of Matthews and Mr. Hollisarrive at Forsyth and Marietta about 12:03. I knew Mary Phagan. Shewas not on that car. She might have gotten off there, but she didn'tcome around. I got on that car at Broad and Marietta and went aroundHunter Street. She was not on there.CROSS

HENRY HOFFMAN, Sworn In For The State, 173rd To Testify

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HENRY HOFFMAN, sworn for the State in rebuttal.I am inspector of the street car company. Matthews is under me acertain part of the day. On April 26th he was under me from 11:30 to12:07. His car was due at Broad and Marietta at 12:07. There is nosuch schedule as 12:07. I have been on his car when lie cut off the FairStreet car. Fair Street car is due at 12:05. I have compared watcheswith him. They vary from 20 to 40 seconds. We are supposed to carrythe right time. I have called Matthews attention to running ahead ofschedule once or

GEORGE KENDLEY, Sworn In For The State, 172nd To Testify

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GEORGE KENDLEY, sworn for the State in rebuttal.I am with the Georgia Railway & Power Co. I saw Mary Phaganabout noon on April 26th 1913. She was going to the pencil factory fromMarietta Street. When I saw her she stepped off of the viaduct.CROSS EXAMINATION.I was on the front end of the Hapeville car when I saw her. It isdue in town at 12 o'clock. I don't know if it was on time that day. I toldseveral people about seeing her the next day. If Mary Phagan left homeat 10 minutes to 12, she ought to have got to town

M E MCCOY, Sworn In For The State, 171st To Testify

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M. E. Mc COY, sworn for the State, in rebuttal.I knew Mary Phagan. I saw her on April 26th, 1913 in front of Cooledge's place at 12 Forsyth Street. She was going towards pencil company, south on Forsyth Street on right hand side. It was near twelveo'clock. I left the corner of Walton and Forsyth Street exactly twelveo'clock and came straight on down there. It took me three or four minutesto go there.CROSS EXAMINATION.I know what time it was because I looked at my watch. First time Itold it was a week ago last Saturday, when I told an officer.

J C MCEWING, Sworn In For The State, 170th To Testify

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J. C. Mc EWING, sworn for the State in rebuttal.I am a street car motorman. I ran on Marietta and Decatur StreetApril 26th. My car was due in town at ten minutes after the hour onApril 26th. Hollis' and Matthews ' car was due there 7 minutes after thehour. Hendricks car was due there 5 minutes after the hour. The EnglishAvenue frequently cut off the White City car due in town at 12:05.The White City car is due there before the English Avenue. It is due 5minutes after the hour and the Cooper Street is due 7 minutes after.The English

J H HENDRICKS, Sworn In For The State, 169th To Testify

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J. H. HENDRICKS, sworn for the State in rebuttal.I am a motorman for the Georgia Railway & Electric Company. OnApril 26th I was running a street car on the Marietta line to the StockYards on Decatur Street. I couldn't say what time we got to town onApril 26th, about noon. I have no cause to remember that day. TheEnglish Avenue car, with Matthews and Hollis has gotten to town priorto April 26th, ahead of time. I couldn't say how much ahead of time. Ihave seen them come in two or three minutes ahead of time; that daythey came about 12:06.

DR S C BENEDICT, Sworn In For The State, 168th To Testify

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DR. S. C. BENEDICT, sworn for the State in rebuttal.I am president of the State Board of Health. I was a member ofthe Board when Dr. Westmoreland preferred charges against Dr. Harris.Those minutes (State's Exhibit N) are correct. I desire to say that we do not wish to open up that question again. Dr. Westmoreland's charges are not recorded here. I don't think they were put on the minutes. The reply to the charges were put in the minutes and the action of the Board. The minutes would show what action the Board took.CROSS EXAMINATIONDr. Harris' reply is not entered

D H PICKETT, Sworn In For The State, 167th To Testify

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D. H. PICKETT, sworn for the State in rebuttal.I work at Beck & Gregg Hardware Co. I was present when that paperwas signed (State's Exhibit J) by Minola Mc Knight. Albert Mc Knight,Starnes, Campbell, Mr. Craven, Mr. Gordon was present when she madethat statement. We questioned her about the statement Albert had madeand she denied it all at first. She said she had been cautioned not to talkabout this affair by Mrs. Frank or Mrs. Selig. She stated that Alberthad lied in what he told us. She finally began to weaken on one or twopoints and admitted that she had

R L CRAVEN, Sworn In For The State, 166th To Testify

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  R. L. CRAVEN, sworn for the State in rebuttal. I am connected with the Beck and Gregg Hardware Co. Albert Mc Knight also works for the same company. He asked me to go down and see if I could get Minola Mc Knight out when she was arrested. I went there for that purpose. I was present when she signed that affidavit (State's Exhibit J). I went out with Mr. Pickett to Minola Mc Knight 's home the latter part of May. Albert Mc Knight was there. On the 3rd day of June, we were down at the station

GEORGE GORDON, Sworn In For The State, 164th To Testify

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  GEORGE GORDON, sworn for the State in rebuttal. I am a practicing lawyer. I was at police station part of the time when Minola Mc Knight was making her statement. I was outside of the door most of the time. I went down there with habeas corpus proceedings to have her sign the affidavit and when I got there the detectives informed me that she was in the room, and I sat down and waited outside for her two hours, and people went in and out of the door, and after I had waited there I saw the stenographer

W P MERK, Sworn In For The State, 163rd To Testify

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W. P. MERK, sworn for the State in rebuttal.I have been a motorman for about three years, in the employ of theGeorgia Railway & Electric Company. I know Daisy Hopkins. I havemet her at the corner of Whitehall and Alabama Street between 2:30 and3:30 on a Saturday. She said she was going to pencil factory. I madean engagement with her to go to her room to see her that Saturday. Iwas in a room with her at the corner of Walker and Peters Street about8:30 o'clock. She told me she had been to the pencil factory that afternoon.Her general character

W E TURNER, Sworn In For The State, 162nd To Testify

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W. E. TURNER, sworn for the State in rebuttal.I worked at the National Pencil Company during March of thisyear. I saw Leo Frank talking to Mary Phagan on the second floor,about the middle of March. It was just before dinner. There was nobodyelse in the room then. She was going to work and he stopped totalk to her. She told him she had to go to work. He told her that he wasthe superintendent of the factory, and that he wanted to talk to her, andshe said she had to go to work. She backed off and he went on

J E DUFFY, Sworn In For The State, 161st To Testify

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J. E. DUFFY, sworn for the State in rebuttal.I worked at the National Pencil Company. I was hurt there in themetal department. I was cut on my forefingers on the left hand. Thatis the cut right around there (indicating). It never cut off any of my fingers.I went to the office to have it dressed. It was bleeding pretty freely. A few drops of blood dropped on the floor at the machine where I was hurt. The blood did not drop anywhere else except at that machine. None of it dropped near the ladies' dressing room, or the water cooler.

I STRAUSS, Sworn In For The State, 78th To Testify

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  I. STRAUSS, sworn for the Defendant. I was at the home of Mrs. Selig, Saturday night, playing cards. I got there about 10:30. Mr. Frank let me in. While we played he was sitting in the hall reading. I could see him through the door. There was nothing unusual about him. He went to bed immediately after I got there. His wife went to bed soon afterwards. I STRAUSS, Sworn In For The State, 78th To Testify  

C E POLLARD, Sworn In For The State, 40th To Testify

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  C. E. POLLARD, sworn for the Defendant. I am an expert accountant. I was called into this matter for the purpose of seeing the length of time it would take to gather these figures and get the result on the financial sheet and other papers that were furnished me. I studied each sheet and when I was sure of what the result would be I would lay that sheet down and make a copy of it. I would take time myself for each operation. There was a discrepancy of one and one-half gross on the factory records in the

HERBERT G SCHIFF, Sworn In For The State, 38th To Testify

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  HERBERT G. SCHIFF, sworn for the Defendant. I am assistant superintendent of the National Pencil Co.; I have been with the company about five years. Part of my duties was to get up data for the financial sheet. I occupied the same office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the company's money except the petty cash was kept over at Montag Bros. office at the general manager's office, Mr. Sig Montag. All mail of the company is received at Montag Bros. The men in Mr. Montag's office

C W MANGUM, Sworn In For The State, 35th To Testify

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  C. W. MANGUM, sworn for the State. I had a conversation with Mr. Frank at the jail about seeing Conley and confronting him. Conley was on the fourth floor. Chief Beavers, Chief Lanford and Scott came down to see Mr. Frank with Conley and asked me if they could see him. I went to Frank and told him the men were there with Conley and wanted to talk with him if he wanted to see them. He said, "No, my attorney is not here and I have nobody to defend me. " He said his lawyer was not there;

JOHN R BLACK, Sworn In For The State, 8th To Testify

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

MISS C S HAAS, Sworn In For The State, 198th To Testify

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MISS C. S. HAAS, sworn for the Defendant, in sur-rebuttal.I heard Kendley two weeks ago talk about the Frank case so loudthat the entire street car heard it. He said that circumstantial evidencewas the best kind of evidence to convict a man on and if there was anydoubt, the State should be given the benefit of it, and that 90 per cent. ofthe best people in the city, including himself, thought that Frank wasguilty and ought to hang.MISS C S HAAS, Sworn In For The State, 198th To Testify

VERA EPPS, Sworn In For The State, 188th To Testify

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VERA EPPS, sworn for the State in rebuttal.My brother George was in the house when Mr. Minar was asking usabout the last time we saw Mary Phagan. I don't know if he heard thequestions asked. George didn't tell him that he didn't see Mary thatSaturday. I told him I had seen Mary Phagan Thursday.VERA EPPS, Sworn In For The State, 188th To Testify

MRS EMIL SELIG, Sworn In For The State, 51st To Testify

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

MRS J W COLEMAN, Sworn In For The State, 1st To Testify

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MRS. J.W. COLEMAN, Sworn for the State. I am Mary Phagan’s mother. I last saw her alive on the 26th day of April 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30 , she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old the first day of June, was fair complected, heavy set, very pretty, and was extra large for her age. She had on a lavender dress, trimmed

MISS REBECCA CARSON, Sworn In For The State, 60th To Testify

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  MISS REBECCA CARSON, sworn for the Defendant. I work at the National Pencil Co. I have been there over three years. I work on the fourth floor. I am forelady of the sorting department. I have from thirteen to fifteen girls under me. At times I have heard the elevator running when the machinery in the factory was not running. It makes a noticeable noise. You can notice the vibration of the building and you can notice the ropes of the elevator running, and you can hear the cables of the elevator knocking. On Friday, April 25th, I got

MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, sworn in for the State, 160th To Testify

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MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson go into the ladies' dressing room on the fourth floor with Leo M. Frank two or three times during working hours; that there were other ladies working on the fourth floor at the time this happened. MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, sworn in for the State, 160th To Testify

MISS DEWEY HEWELL, Sworn In For The State, 159th To Testify

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  MISS DEWEY HEWELL, sworn for the State in rebuttal. I stay in the Home of the Good Shepherd in Cincinnati. I worked at the pencil factory four months. I quit in March, 1913. I have seen Mr. Frank talk to Mary Phagan two or three times a day in the metal department. I have seen him hold his hand on her shoulder. He called her Mary. He would stand pretty close to her. He would lean over in her face. CROSS EXAMINATION. All the rest of the girls were there when he talked to her. I don't know what

MRS M W CARSON, MARY PIRK, MRS DORA SMALL, MISS JULIA FUSS, R P BUTLER, JOE STELKER, Sworn In For The State, 152nd To Testify

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  MRS. M. W. CARSON, MARY PIRK, MRS. DORA SMALL, MISS JULIA FUSS, R.P. BUTLER, JOE STELKER, all sworn for the defendant, testified that they were employees of the National Pencil Company; that they know Leo M. Frank and that his general character is good. MRS M W CARSON, MARY PIRK, MRS DORA SMALL, MISS JULIA FUSS, R P BUTLER, JOE STELKER, Sworn In For The State, 152nd To Testify  

20 People, Sworn In For The State From Misses Corintha Hall To A. C. Holloway, 150th To Testify

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  MISSES CORINTHA HALL, ANNIE HOWEL, LILLLIE M. GOODMAN, Velma Hayes, JENNIE MAYFIELD, IDA HOLMES, WILLIE HATCHETT, MARY HATCHETT, MINNIE SMITH, MAJORIE McCORD, LENA McMURTY, MRS. W. R. JOHNSON, MRS. S. A. WILSON, MRS. GEORGIA DENHAM, MRS. L. O. JONES, MISS ZILLA SPIVEY, CHARLES LEE, N. V. DARLEY, F. ZIGANKI, AND A. C. HOLLOWAY, all sworn for the defendant, testified that they were employees of the National Pencil Company and knew Leo M. Frank, and that his general character was good. 20 PEOPLE, Sworn In For The State From Misses Corintha Hall To A C Holloway, 150th To Testify  

ADDITIONAL STATEMENT MADE BY DEFENDANT, LEO M. FRANK.

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In reply to the statement of the boy that he saw me talking to Mary Phagan when she backed away from me, that is absolutely false, that never occurred. In reply to the two girls, Robinson and Hewel, that they saw me talking to Mary Phagan and that I called her" Mary," I wish to say that they are mistaken. It is very possible that I have talked to the little girl in going through the factory and examining the work, but I never knew her name, either to call her "Mary Phagan," "Miss Phagan," or "Mary. " In reference

ORAL STATEMENT OF LEO M. FRANK.

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Gentlemen of the Jury: In the year 1884, on the 17th day of April, I was born in Cuero, Texas. At the age of three months, my parents took me to Brooklyn, New York, and I remained in 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, New York. In the fall of 1902, I entered Cornell University, where I took the course in mechanical engineering, and graduated after four years, in June, 1906. I then accepted a position as draftsman

Thursday, 5th March 1914: Geo. Epps Brands As A Falsehood Story Of His Son In Affidavit, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 5th March 1914,PAGE 1, COLUMN 7.Father of the Boy Who Charges John Black With Framing Affidavit Says His Story Is Absurd; That His Son Told Him Before He Knew of Such a Person as Black.JOHN BLACK IS SORE; TALKS OF FIGHTINGStatements of Luther Z. Rosser, Quoted in the New York Times, Are Not Warranted by the Facts, Think Members of the Georgia Chamber of Commerce, and Denial Is Wired to the New York paper.Branding his own son's story as a fabrication of the whole cloth,George W. Epps, father of George Epps, the ex-newsboy witness in the Frank

Wednesday, 4th March 1914: Luther Z. Rosser Holds Conference In New York Over Leo Frank’s Case, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 4th March 1914,PAGE 1, COLUMN 7.Lawyers for PrisonerTell New York Newspaper Men Atlanta Was Stirred by Large Number of Unavenged Murders, and That the Newspapers and People Were Determined on Meeting Out Punishment to Slayer of GirlFAIR TRIAL POSSIBLE IN ATLANTA NOW, SAYS ROSSER IN INTERVIEWHarry Latham Returns to Atlanta With New Affida Vit, in Which Attack Is Made on Time Element as Presented by Prosecution.It Is Expected That Prisoner Will Be Brought Before Judge Ben Hill Today to Be Sentenced.New York, March 3.(Special.)Luther Z. Rosser, of Atlanta, chief counsel for Leo M. Frank, arrived in New

Tuesday, 3rd March 1914: Many Affidavits Held By Defense, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 3rd March 1914,PAGE 1, COLUMN 3.Will Probably Be Published Before End of Week, Burns Confers With Frank In Tower.That the attorneys for the defense of Leo M. Frank will make a tremendous fight for a new trial upon a motion extraordinary before Judge Ben Hill, of the criminal division of the superior court, became evident on Monday when it became known authentically for the first time that the attorneys are fortified with a great mass of new evidence which has not hitherto been made public.This new evidence is for the most part in the form of new

Monday, 2nd March 1914: Frank Case Waits On Transmission Of Legal Papers, The Atlanta Constitution

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The Atlanta Constitution,Monday, 2nd March 1914,PAGE 1, COLUMN 1.Reported That Remittitur of Supreme CourtWill Reach Clerk of Superior Court Some Time Today.FERGUSON AFFIDAVIT LATEST DEVELOPMENTWitnessTestifiedFrankRefused to Give HerMary Phagan's Pay, But Did Not Say Girl Was Coming For It.On Monday morning it is expected the legal chess game of the Frank case will be renewed when the remittitur of the supreme court refusing a rehearing of the case arrives at the desk of the clerk of the superior court.There is no authentic source for the prediction that the document will be transmitted on Monday, but it is freely reported that

Sunday, 1st March 1914: Helen Ferguson Tells Defense In Affidavit Of Advance By Conley, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 1st March 1914,PAGE 1, COLUMN 6.Little FactoryGirlWho Was a StarWitness for State in Trial of LeoFrank Declares She Was Bad in Trial of Leo Frank Declares She Was Badly Frightened by Negro, Who Approached Her Menacingly While in a Drunken State on Saturday, April 19, at Same Spot Defense Says Mary Phagan Was Slain Says She Dropped Boxes and Ran Upstairs to Escape Him.DENIES REPORT OF REPUDIATION OF TESTIMONY SHE GAVE AT TRIALDescribes Visit Made to Her by C. W. Burke.Investigator for Defense Mother Did Not Know for Month She Had Given Affidavit.Formby, Denying One She Gave

Saturday, 28th February 1914: Appeal For Frank Delayed By Hope Of New Evidence, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 28th February 1914,PAGE 1, COLUMN 3.Astonishing Development In Case of Prisoner Expect Ed Within Short Time by Lawyers for Defense.LATHAM IN BIRMINGHAM, SAYS J. E. McCLELLANDMc Knight Has Returned to His Home Mrs. Frank Gives Out Card in Which She Scores Dorsey.Indications in the camp of Leo Frank's defense yesterday were that his counsel is eagerly expecting some new and astonishing evidence which will be contained in the motion extraordinary to be made soon for a new trial before Judge Ben Hill.A surprising amount of new evidence has already been accumulated, it is known, and will be

Friday, 27th February 1914: Detectives Scored In Alleged Formby Confession, The Atlanta Constitution

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The Atlanta Constitution,Friday, 27th February 1914,PAGE 1, COLUMN 4.Photo by Francis E. Price, Staff Photographer.ATLANTA'S DETECTIVE FORCE.In a statement given out in New York, supposedly by Mrs. Nina Formby, five Atlanta officers are mentioned, two of whom, Chewning and Norris, are charged with getting the woman drunk and then securing a false affidavit attacking Leo Frank.Four these officers are here shown.They are:Top row, first man on left,Detective Vickery; middle row, second man from left.Hamby; fourth man, Rosser; sixth, Chewning.Chief of Detectives Lanford, who, on Thursday, denied Mrs. Formby made confession, is shown in the center of the bottom row.Detective Norris

Thursday, 26th February 1914: Plied With Whisky She Lied In Story Told About Frank Says Mrs. Formby, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 26th February 1914,PAGE 1, COLUMN 1.Woman Who Made an Affidavit That Prisoner Had Telephoned Her That He Wanted to Bring Girl to Her House Says Detectives Brought Her Booze for Three Weeks.CHARGES "FRAMEUP" IN INTERVIEW GIVEN TO NEW YORK PAPERSDeclares She Has Repented Making False Affidavit.Detectives Norris, Chewning, Rosser, Vickery and Hamby Figure in Story.Didn't Know Frank.She Says.New York, February 25.Repentant over having made a false affidavit accusing Leo M. Frank, who was sentenced to death for the murder of the little factory girl, Mary Phagan, in Atlanta, Ga., Mrs. Nina Formby, of Atlanta, tonight called up

Wednesday, 25th February 1914: Latham Leaves To Seek Uncle Of Mary Phagan, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 25th February 1914,PAGE 1, COLUMN 7.It Is Said That the Defense Hopes to Prove Discrepancy in the Time Element Theory of State.NINA FORMBY IS NOW IN NEW YORK CITYShe Has Secured Services of Judge R. R. Jackson and Will Meet Him in Chatta Nooga to Confer About the Case.That a new and startling phase of the puzzling time element in the Mary Phagan mystery one contradictory to the state's theory will be injected into the effort to gain Frank a new trial, was made evident last night when it became known that Harry Latham, an ex-court attache,

Tuesday, 24th February 1914: All Night Search To Find M’knight Meets No Success Dorsey Seeks To Show Hair That Of Phagan, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 24th February 1914,PAGE 1, COLUMN 3.Defense Announces That if the Supreme Court Refuses Frank a Rehearing, New Trial Motion Will Be Filed.Refuting the theory of the Leo Frank's counsel that the strands of hair found on the lathe in the pencil factory were not Mary Phagan's, Solicitor Dorsey intends to show the Jim Conley jury this morning that the hair actually came from the scalp of the murdered girl, thereby seeking to destroy one of the strongest contentions in the proposed plea for a new trial.Dorsey built a foundation for this move Monday afternoon during the Conley

Monday, 23rd February 1914: Mrs. Nina Formby Makes Affidavit To Assist Frank, The Atlanta Constitution

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The Atlanta Constitution,Monday, 23rd February 1914,PAGE 1, COLUMN 1.Understood That Defense Has Paper Signed by Her in Which She Repudiates Affidavit Given Police.CHARACTER WITNESSES MAY CHANGE TESTIMONY Reported Defense May Make Attack Upon Detective Rosser, Who Secured Evidence Against Frank.Another interesting development in the Frank case came to light Sunday when it became known that attorneys for the defense have obtained, from Mrs. Nina Formby an affidavit reported to accuse detectives and the police of inveigling her into a "frame-up" against Frank shortly before his trial.A member of the counsel for the defense stated that the affidavit was in existence,

Sunday, 22nd February 1914: State Witness Repudiates Testimony Against Frank, Promised Money, He Says, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 22nd February 1914,PAGE 1, COLUMN 6.Albert Mc Knight,Who Testified That Prisoner Came Home,Then Left Suddenly, and Who Told of Wife's Alleged Statement, Has Made Denial of Old Affidavit.EXTRAORDINARY MOTION FOR A NEW TRIAL TO BE NEXT STEP OF DEFENSEMc Knight's Wife, Who at First Stated That Frank Was Very Nervous on Murder Night and Said He Had Had Trouble With Girl at Factory, Afterwards Denied Her Statement.The most startling of new developments in the Frank case, which have come in flurries since the decision of the supreme court last Tuesday, is the announcement that Albert Mc Knight,

Saturday, 21st February 1914: Jim Conley Case To Come To Trial Week From Today, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 21st February 1914,PAGE 5, COLUMN 2.Jim Conley, principal witness in the Leo Frank trial and now held in jail as accessory after the fact in the killing of Mary Phagan, come to trial a week from today before Judge Ben Hill, of the criminal division of the superior court.Jim has materially changed since he appeared before the jury which convicted Frank.The negro is so dirty and unkempt, according to his attorney, William Smith, that he is at present scarcely recognizable.Since his last appearance before the public, Jim has been kept all but incommunicado in the Tower.He has

Friday, 20th February 1914: Frank’s Attorneys Could Not Complete Document Yesterday Speculation As To What Burns Will Do., The Atlanta Constitution

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The Atlanta Constitution,Friday, 20th February 1914,PAGE 1, COLUMN 4.It is expected that that the attorneys for Leo M. Frank's defense will probably file today their motion for a rehearing of the case.Although closeted all day Thursday.Attorneys Reuben Arnold and Luther Z. Rosser were unable to complete the motion in time for fling.It is expected the document will be a lengthy one, containing in the neighbourhood of fifty grounds for rehearing.They remained silent Thursday, refusing to discuss their new action from any angle.The motion will be opposed by Attorney General Thomas Felder, prosecutor, on the contention that the defense had ample

Thursday, 19th February 1914: Counsel For Frank To Ask A Rehearing By Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 19th February 1914,PAGE 1, COLUMN 7.First Step in New Battle to Save Life of Prisoner Convicted of Phagan Murder, Will Be Taken Today.BURNS TO INVESTIGATE MARY PHAGAN MURDER"Its Mysterious Features Appeal to Me, and I want To Learn the Truth," He Says.Leo Frank knows nothing of the decision of Detective William J. Burns to investigate the Phagan murder.That is, he knows nothing except what he has learned from the newspapers.This he told friends who visited him late Wednesday afternoon."I hope Burns will, investigate it," he is quoted as saying, "and find the truth I am awaiting."It is

Wednesday, 18th February 1914: Leo M. Frank Has Not Lost All Hope, Counsel Will Make Vigorous Fight To Save The Life Of Their Client, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 18th February 1914,PAGE 1, COLUMN 5.Loses in SupremeCourtLEO FRANKFrank's Attorneys Preparing for New Battle May Appeal to Federal Courts, or Make Extraordinary Motion.CONVICTEDMAN STOICALWHEN HE HEARS NEWS;MAKES NO STATEMENTTrialJudge's Remarks NoGround for New Trial,Holds High Court Per-version Evidence by Con-ley Admissible.Leo M. Frank denied by the Supreme court a new trial for themurder of Mary Phagan, now faces one of three final recourses:First, motion for a re-hearing before the court which handeddown yesterday's decision;Second, an extraordinary motion for new trial before thesuperior court, in which he was originally arraigned, on a basis of newly foundevidence:Third, an appeal

Saturday, 14th February 1914: No Decision As Yet In The Frank Case, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 14th February 1914,PAGE 9, COLUMN 4.Judge Evins Has Been Assigned to Case Many Wild Rumors Afloat.Four days have passed and the supreme court has not handed down a single decision.This is altogether unusual and those who are familiar with the workings of the high court are convinced that the consideration of the Frank case is is responsible for this state of affairs.For two days all sorts of rumors have been afloat in regard to the probable action of the supreme court on this famous case, and throughout the capitol there has been the greatest interest.Thursday and Friday

Friday, 13th February 1914: Decision Is Expected In Frank Case Today, The Atlanta Constitution

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The Atlanta Constitution,Friday, 13th February 1914,PAGE 1, COLUMN 3.No Announcement Made by Court, But That Is the General Belief.It is regarded as not improbable that the decision of the supreme court in the Leo M. Frank case will be handed down today.When the clerk of the supreme court arrived at his office in the capitol building Thursday morning early he found a battalion of newspaper reporters assembled awaiting the handing down of the court's decision in the case.All day long the newspaper men stayed on the job, but no decision was forthcoming.It could be ascertained definitely given that the supreme

Saturday, 7th February 1914: Decision Is Expected In Frank Case Today, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 7th February 1914,PAGE 1, COLUMN 3.No Announcement Made by Court, But That Is the General Belief.It is regarded as not improbable that the decision of the supreme court in the Leo M. Frank case will be handed down today.When the clerk of the supreme court arrived at his office in the capitol building Thursday morning early he found a battalion of newspaper reporters assembled awaiting the handing down of the court's decision in the case.All day long the newspaper men stayed on the job, but no decision was forthcoming.It could be ascertained definitely given that the supreme

Thursday, 15th January 1914: Dorsey Will Not Reply To Latest Frank Brief, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 15th January 1914,PAGE 4, COLUMN 1.That Solicitor General Hugh M. Dorsey will not make reply to the latest supplemental brief field by attorneys for Leo M. Frank before the supreme court was stated on apparently good authority Wednesday.Mr. Dorsey, himself, declined to discuss the matter, but it is believed that he holds that the points made in the additional brief were thoroughly covered by his other briefs.The action of the supreme court is expected to be made known either on February 15 or March 15.The members of the court are now considering the case which was carried

Thursday, 8th January 1914: Frank Attorneys File Supplemental Brief, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 8th January 1914,PAGE 11, COLUMN 1.Insist That Roan Evaded Responsibility in Denying Defendant a New Trial.Attorneys for Leo M. Frank filed yesterday with the supreme court a supplementary brief on behalf of the defendant consisting of sixty-three closely typewritten pages.Writers of the supplementary brief state at the outset that their sole purpose in filling it is to correct alleged errors in the argument made by Solicitor Hugh Dorsey in his brief.Every circumstances urged by the prosecution as tending to prove Frank's guilt is taken up in turn and the effort made to show that it is either

Thursday, 1st January 1914: Gunman And Thug Busy In Atlanta During Year 1913, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 1st January 1914,PAGE 1, COLUMN 3.The Meager Police Records ShowForty-Seven Homicides, and Arrests Made in Twenty-Nine Cases.MARY PHAGAN KILLED;APPLEBAUM SHOT DOWNThese Two Were the Most Noted Tragedies of Year.List of Slain Smaller Than In 1912, When It Was 56 Crimson splotches darkened many pages of Atlanta's history during 1913, for the city's homicide rate continues higher than that of other southern centers.Meager police records show that the gunmen and thug, brother slayers, have stalked abroad with effect as great as in many previous years.There were forty-seven homicides in 1913, two of them among the most noted crimes

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 3

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SUPPLEMENTARY MESSAGE OF THE GOVERNOR EXECUTIVE DEPARTMENT. STATE OF GEORGIA. June 21, 1915: In Re Leo M. Frank, Fulton Superior Court, sentenced to be executed June 22, 1915. Saturday, April 26, 1913, was Memorial Day in Georgia and a general holiday. At that time, Mary Phagan, a white girl of about 14 years of age, was in the employ of the National Pencil Company, located near the corner of Forsyth and Hunter Streets, in the City of Atlanta. She came to the pencil factory a little after noon to obtain the money due her for her work on the preceding

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 5

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the dignity of her laws, and if the choice must be made between the approbation of citizens of other States and the enforcement of our laws against offenders, whether powerful or weak, we must choose the latter alternative. Mobs. It is charged that the court and jury were terrorized by a mob and the jury was coerced into their verdict. I expect to present the facts in this case with absolute fairness and to state conditions with regard only to the truth. When Frank was indicted and the air was filled with rumors as to the murder and mutilation of

Supplement to the Message of the Governor, John Slaton, to the General Assembly of Georgia, June 23, 1915. Opinions in case of the State vs. Leo Frank

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Image Gallery Page 1 SUPPLEMENT TO MESSAGE OF THE GOVERNOR TO THE GENERAL ASSEMBLY OF GEORGIA June 23, 1915 OPINION IN CASE OF THE STATE VERSUS LEO FRANK Page 3 SUPPLEMENTARY MESSAGE OF THE GOVERNOR EXECUTIVE DEPARTMENT. STATE OF GEORGIA, June 21, 1915: In Re Leo M. Frank, Fulton Superior Court, sentenced to be executed June 22, 1915. Saturday, April 26, 1913, was Memorial Day in Georgia and a general holiday. At that time, Mary Phagan, a white girl of about 14 years of age, was in the employ of the National Pencil Company, located near the corner of Forsyth

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 43

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Judge Roan, with that awful sense of responsibility, which probably came over him as he thought of that Judge before whom he would shortly appear, calls to me from another world to request that I do that which he should have done. I can endure misconstruction, abuse, and condemnation, but I cannot stand the constant companionship of an accusing conscience, which would remind me in every thought that I, as Governor of Georgia, failed to do what I thought to be right. There is a territory 'beyond A REASONABLE DOUBT and absolute certainty,' for which the law provides in allowing

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 42

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at the time he was an escapee from the Fannin County jail under indictment for felony."I refused to interfere unless the judge or solicitor would recommend interference, which they declined to do. Finally, when on the gallows, the solicitor-general recommended a reprieve, which I granted, and finally, on the recommendation of the judge and solicitor-general, as expressed in my order, I reluctantly commuted the sentence to life imprisonment. The doubt was suggested as to the identity of the criminal and as to the credibility of the testimony of prejudiced witnesses. The crime was as heinous as this one and more

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 41

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In the case of Hunter, a white man charged with assassinating two white women in the City of Savannah, who was found guilty and sentenced to be hung, application was made to me for clemency. Hunter was charged together with a Negro with having committed the offense, and after he was convicted, the Negro was acquitted. It was brought out by the statement of the Negro that another Negro, who was half-witted, committed the crime, but no credence was given to the story, and he was not indicted.The judge and solicitor-general refused to recommend clemency, but upon a review of

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 40

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Surely, if Judge Roan entertained the extreme doubt indicated by his statement and had remembered the power granted him by the Code, he would have sentenced the defendant to life imprisonment.In a letter written to counsel, he says, "I shall ask the prison commission to recommend to the governor to commute Frank's sentence to life imprisonment *. It is possible that I showed undue deference to the jury in this case when I allowed the verdict to stand. They said by their verdict that they had found the truth. I was in a state of uncertainty, and so expressed myself

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 39

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In this connection, Judge Roan declared orally from the bench that he was not certain of the defendant's guilt that with all the thought he had put on this case, he was not thoroughly convinced whether Frank was guilty or innocent but that he did not have to be convinced that the jury was convinced and that there was no room to doubt that that he felt it his duty to order that the motion for a new trial be overruled.This statement was not embodied in the motion overruling the new trial.Under our statute, in cases of conviction of murder

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 38

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It may be possible that his version is correct. The testimony discloses that he was in the habit of allowing men to go into the basement for immoral purposes for a consideration, and when Mary Phagan passed by him close to the hatchway leading into the basement and in the gloom and darkness of the entrance, he may have attacked her. What is the truth we may never know.Jury's Verdict.The jury which heard the evidence and saw the witnesses found the defendant, Leo M. Frank, guilty of murder. They are the ones, under our laws, who are chosen to weigh

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 37

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found by her side, it was urged before me by counsel for the defense that ladies usually carried their handkerchiefs in their mesh bags.If the motive was assault, either by natural or perverted means, the physicians' evidence, who made the examination, does not disclose its accomplishment. Perversion by none of the suggested means could have occasioned the flood of blood. The doctors testified that excitement might have occasioned it under certain conditions. Under the evidence, which is not set forth in detail, there is every probability that the virtue of Mary Phagan was not lost on the 26th day of

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 36

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hardly seems possible under the evidence that Mary Phagan was at that time being murdered.Lemmie Quinn testifies that he reached Frank's office about 12:20 and saw Mr. Frank. At 12:30, Mrs. J. A. White called to see her husband at the factory where he was working on the fourth floor, and left again before one o'clock.At 12:50, according to Denham, Frank came up to the fourth floor and said that he wanted to get out. The evidence for the defense tends to show that the time taken for moving the body, according to Conley's description, was so long that it

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 35

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The evidence loses its pertinency if Mary Phagan had not arrived at the time Monteen Stover came. What is the evidence?The evidence uncontradicted discloses that Mary Phagan ate her dinner at 11:30 o'clock, and the evidence of the streetcar men was that she caught the 11:50 car, which was due at the corner of Forsyth and Marietta Streets at 12:07 1/2. The distance from this place to the pencil factory is about one-fifth of a mile. It required from 4 to 6 minutes to walk to the factory, and especially would the time be enlarged because of the crowds on

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 34

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The evidence as to the probability of the blank on which the death note was written being in the basement, and the evidence as to the hair, would have tended to show that the murder was not committed on the floor on which Frank's office was located.The Time Question.The State contended that Mary Phagan came to the office of Leo M. Frank to get her pay at some time between 12:05 and 12:10, and that Frank had declared that he was in his office the whole time.It is true that at the coroner's inquest held on Thursday after the murder,

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 33

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evidence of Police Sergeant Dobbs, who visited the scene of the crime on Sunday morning, as follows:"This scratch pad was also lying on the ground close to the body. The scratch pad was lying near the notes. They were all right close together. There was a pile of trash near the boiler where this hat was found, and paper and pencils were down there too."Police Officer Anderson testified:"There are plenty of pencils and trash in the basement."Darley testified: "I have seen all kinds of paper down in the basement. The paper that note is written on is a blank order

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 32

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In reply to this, the State introduced on the extraordinary motion the testimony of Philip Chambers, who swears that unused order blanks entitled 'Atlanta, Ga.' were in the office next to Frank's office and that he had been in the basement of the factory and found no books or papers left down there for any length of time, but they were always burned up.This evidence was never passed upon by the jury and developed since the trial. It was strongly corroborative of the theory of the defense that the death notes were written, not in Frank's office, but in the

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 31

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water' just as they are used in the Mary Phagan notes.In Conley's testimony, he says the word 'hisself' constantly.It is urged by the lawyers for the defense that Conley's characteristic was to use double adjectives.In the Mary Phagan notes, he said 'long tall Negro, black,' 'long, slim, tall Negro.'In his testimony, Conley used expressions of this sort: 'He was a tall, slim build, heavy man.' 'A good long wide piece of cord in his hands.'Conley says that he wrote four notes, although only two were found. These notes have in them 129 words, and Conley swears he wrote them in

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 30

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Conley swears he did. The State says that the use of the word 'did' instead of 'done' indicates a white man's dictation. Conley admits the spelling was his. The words are repeated and are simple, which characterizes Conley's letters. In Conley's testimony, you will find frequently that he uses the word 'did,' and according to calculations submitted to me, he used the word 'did' over fifty times during the trial.While Conley was in jail charged with being an accessory, there was also incarcerated in the jail a woman named Annie Maude Carter, whom Conley had met at the court house.

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 29

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In his evidence before the jury in the redirect examination, Conley thought it necessary to account for the mesh bag, and for the first time, said that "Mary Phagan's mesh bag was lying on Mr. Frank's desk, and Mr. Frank put it in the safe." This is the first mention of the mesh bag.The first suggestion that was made of Frank being a pervert was in Conley's testimony. On the stand, he declared Frank said "he was not built like other men."There is no proof in the record of Frank being a pervert. The situation in which Conley places him

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 28

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for five or six hours again, endeavoring to make clear several points which were far-fetched in his statement. We pointed out to him that this statement would not do and would not fit, and he then made the statement of May 28th, after he had been told that his previous statement showed deliberation and could not be accepted. He told us nothing about Frank making an engagement to stamp and for him to lock the door, and told nothing about Monteen Stover. He did not tell us about seeing Mary Phagan. He said he did not see her. He did

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 27

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All of the affidavit down to this point is in typewriting, the original was exhibited to me. At the end of the affidavit in handwriting is written the following: "While I was looking at the money in my hands, Mr. Frank said, 'Let me have that, and I will make it alright with you Monday, if I live and nothing happens,' and he took the money back, and I asked him if that was the way he did, and he said he would give it back Monday."It will be noticed that the first question which would arise would be, what

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 26

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On the 29th of May, 1913, Conley made another affidavit, in which he said that Frank had told him that he had picked up a girl and let her fall, and Conley hollered to him that the girl was dead, and told him to go to the cotton bag and get a piece of cloth, and he got a big, wide piece of cloth and took her on his right shoulder, when she got too heavy for him, and she slipped off when he got to the dressing room. He called Frank to help, and Frank got a key to

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 25

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"second and last statement." In that, he states that on Saturday morning after leaving home, he bought two beers for himself and then went to a saloon and won 90 cents with dice, where he bought two more beers and a half pint of whiskey, some of which he drank, and he met Frank at the corner of Forsyth and Nelson Streets, and Frank asked him to wait until he returned.Conley went over to the factory and mentioned various people whom he saw from his place of espionage going up the stairs to Mr. Frank's office. Then Frank whistled to

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Conley's Affidavits.The defense procured under notice one statement and three affidavits taken by the detectives from Conley and introduced them in evidence.The first statement, dated May 18, 1913, gives a minute detail of his actions on the 26th day of April and specifies the saloons he visited and the whiskey and beer he bought, and minutely itemized the denomination of the money he had and what he spent for beer, whiskey, and pan sausage. This comprehends the whole of affidavit No. 1.On May 24, 1913, he made for the detectives an affidavit in which he says that on Friday before

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 23

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Detective Black says, "Mr. Starnes, who was there with me, did not call my attention to any blood splotches."Detective Scott says, "We went to the metal room where I was shown some spots supposed to be blood spots."A part of what they thought to be blood was chipped up in four or five chips, and Dr. Claude Smith testified that on one of the chips he found, under a microscope, from three to five blood corpuscles; a half drop would have caused it.Frank says that the part of the splotch that was left after the chips were taken up was

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the head and reached the skull. Wounds of that character bleed freely. At the place Conley says he found blood, there was no blood. Conley says there was a cloth tied around the head as though to catch the blood, but none was found there.One Barrett says that on Monday morning he found six or seven strands of hair on the lathe with which he worked and which were not there on Friday. The implication is that it was Mary Phagan's hair and that she received a cut by having her head struck at this place. It is admitted that

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which everybody admits could not have been before 12:05, Frank suddenly said, "Here comes Emma Clark and Corinthia Hall," and he put Conley in a wardrobe.The uncontradicted evidence of these two witnesses, and they are unimpeached, was they reached the factory at 11:35 A.M. and left it at 11:45 A.M., and therefore this statement of Conley can hardly be accepted.Conley says that when they got the body to the bottom of the elevator in the basement, Frank told him to leave the hat, slipper, and piece of ribbon right there, but he "took the things and pitched them over in

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elevator shaft was in accordance with his testimony that he made water twice against the door of the elevator shaft on the morning of the 26th, instead of doing so in the gloom of his corner behind the boxes where he kept watch.Mary Phagan, in coming downstairs, was compelled to pass within a few feet of Conley, who was invisible to her and in a few feet of the hatchway. Frank could not have carried her down the hatchway. Conley might have done so with difficulty. If the elevator shaft was not used by Conley and Frank in taking the

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 19

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Conley testified that on the morning of April 26th, he went down into the basement to relieve his bowels and utilized the elevator shaft for the purpose.On the morning of April 27th at 3 o'clock, when the detectives came down into the basement by way of the ladder, they inspected the premises, including the shaft, and they found there human excrement in natural condition.Subsequently, when they used the elevator, which everybody, including Conley, who had run the elevator for one and one-half years, admits only stops by hitting the ground in the basement, the elevator struck the excrement and mashed

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 18

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citizens of Atlanta, college mates at Cornell, and professors of that college.The defendant was born in Texas, and his education was completed at the institution named.The admission of Conley that he wrote the notes found at the body of the dead girl, together with the part he admitted he played in the transaction, combined with his history and his explanation as to both the writing of the notes and the removal of the body to the basement, makes the entire case revolve around him. Did Conley speak the truth?Before going into the varying and conflicting affidavits made by Conley, it

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and told him, 'Here is $200,' but after a while requested the money back, and got it.One witness testified she saw some Negro, whom she did not recognize, sitting at the side of the elevator in the gloom. On the extraordinary motion for a new trial, a woman, who was unimpeached, made an affidavit that on the 31st of May, through a newspaper report, she saw that Conley claimed he met Frank by agreement at the corner of Forsyth & Nelson Sts., on the 26th of April, 1913, and she became satisfied that she saw the two in close conversation

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 16

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Conley described Frank as having been in a position which Conley thought indicated perversion, but the facts set out by Conley do not demand such a conclusion. Conley says that he found Mary Phagan lying in the metal room some 200 feet from the office, with a cloth tied about her neck and under her head as though to catch blood, although there was no blood at the place. Frank told Conley to get a piece of cloth and put the body in it, and Conley got a piece of striped bed ticking and tied up the body in it

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 15

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The detectives learned about the middle of May that Conley could write, although at first he denied it. He made one statement and three affidavits, which are more fully referred to in stating the defendant's case. The affidavits were introduced by the defendant under notice to produce. By these affidavits, there was admitted the substance of the evidence that he delivered on the stand, which in brief was as follows: Conley claimed that he was asked by Frank to come to the factory on Saturday and watch for him, as he previously had done, which he explained meant that Frank

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 14

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Where I have not mentioned the more prominent ones, an inspection of the record fails to maintain the contention.It is contended that a lawyer was engaged for Frank at the station house before he was arrested. This is replied to by the defense that a friend had engaged counsel without Frank's knowledge, and the lawyer advised Frank to make a full statement to the detectives.Jim Conley.The most startling and spectacular evidence in the case was that given by a Negro, Jim Conley, a man 27 years of age, and one who frequently had been in the chain gang. Conley had

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 13

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that some punches had been missed. The suggestion was that he had either manipulated the slip to place the burden on Lee or was so excited as to be unable to read the slip correctly.The State introduced a witness, Monteen Stover, to prove that at the time when Mary Phagan and Frank were in the metal room, she was in Frank's office, and he was absent, although he had declared he had not left his office. The State showed that the hair of Mary Phagan had been washed by the undertaker with pine tar soap, which would change its color

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 12

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The cook's husband testified that on Saturday, the day of the murder, he visited his wife at the home of Mr. Selig, defendant's father-in-law, where Frank and his wife were living, and that Frank came in to dinner and ate nothing. The Negro cook of the Seligs was placed upon the stand and denied that her husband was in the kitchen at all on that day. For purposes of impeachment, therefore, the State introduced an affidavit from this cook taken by the detectives, and as she claimed under duress, which tended to substantiate the story of her husband and which

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dropped his head and stated, "If you keep that up, we will both go to hell."On Sunday morning at about 3 o'clock, after Newt Lee, the night watchman, had telephoned the police station about the discovery of the dead body, and the officers had come to the factory, they endeavored to reach Frank by telephone but could not get a response. They telephoned at 7:30 Sunday morning and told Frank that they wanted him to come down to the factory. When they came for him, he was very nervous and trembled. The body at that time had been taken to

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which would enable her to arrive at the factory within the neighborhood of about thirty minutes. The element of exact time will be discussed later.Dr. Harris, the Secretary of the State Board of Health, and an expert in this line, examined the contents of Mary Phagan's stomach ten days after her burial and found from the state of the digestion of the cabbage and bread that she must have been killed within about thirty minutes after she had eaten the meal.Newt Lee, the Negro night watchman, testified that Frank 'had told me to be back at the factory at 4

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 9

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The State's Case.The State proved that Leo M. Frank, the general superintendent of the factory, was in his office a little after 12 o'clock on the 26th day of April, 1913, and he admitted having paid Mary Phagan $1.20, being the wages due her for one day's work. She asked Frank whether the metal had come, in order to know when she could return for work. Frank admits this, and so far as is known, he was the last one who saw her alive. At three o'clock the next morning (Sunday), Newt Lee, the night watchman, found in the basement

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 8

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Our Supreme Court, after carefully considering the evidence as to demonstrations made by spectators, declared them without merit, and in this regard, the orderly processes of our tribunals are not subject to criticism.Racial Prejudice.The charge against the State of Georgia of racial prejudice is unfair. A conspicuous Jewish family in Georgia is descended from one of the original colonial families of the State. Jews have been presidents of our Boards of Education, principals of our schools, mayors of our cities, and conspicuous in all our commercial enterprises.The Facts in the Case.Many newspapers and non-residents have declared that Frank was convicted

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 7

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I had the sheriff call at the Mansion and inquired whether he anticipated trouble. This was after many people had told me of possible danger and an editor of a leading newspaper indicated his anticipation of trouble. The sheriff stated he thought his deputies could avert any difficulty. Judge Roan telephoned me that he had arranged for the defendant to be absent when the verdict was rendered. Like Governor Brown, I entered into communication with the colonel of the Fifth Regiment, who stated he would be ready if there were necessity.I was leaving on Saturday, the day the verdict was

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 6

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During the progress of the case, after evidence had been introduced laying the crime, with many offensive details, upon Frank, the feeling against him became intense. He was the general superintendent of the factory, and Mary Phagan was a poor working girl. He was a Cornell graduate, and she was dependent for her livelihood upon her labor. According to a witness, whose testimony will subsequently be related more completely, when this girl came to get her small pay, since she only worked one day in the week because of a lack of material, this general superintendent solicited her to yield

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I desire to say in this connection that the people of the State of Georgia desire the esteem and good will of the people of every State in the Union. Every citizen wishes the approbation of his fellows, and a State or Nation is not excepted. In the preamble to the Declaration of Independence, Thomas Jefferson wrote that 'When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the Laws

The Leo Frank Trial: Week Four of the Month-Long Courtroom Drama. The Greatest Murder Mystery in the Early 20th Century Southern History Was Solved at Trial By Leo Frank.

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Join The American Mercury as we recount the events of the final week of the trial of Leo Frank (pictured) for the slaying of Mary Phagan. by Bradford L. Huie ON THE HEELS of Leo Frank's astounding unsworn statement to the court, the defense called a number of women who stated that they had never experienced any improper sexual advances on the part of Frank. But the prosecution rebutted that testimony with several rather persuasive female witnesses of its own. These rebuttal witnesses also addressed Frank's claims that he was so unfamiliar with Mary Phagan that he did not even

100 Years Ago Today: The Month-Long Trial of Leo Frank Begins, July 28, 1913, through August 21st, 1913

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  Take a journey through time with the American Mercury, and experience the trial of Leo Frank (pictured, in courtroom sketch) for the murder of Mary Phagan just as it happened as revealed in contemporary accounts. The Mercury will be covering this historic trial in capsule form from now until August 26, the 100th anniversary of the rendering of the verdict. by Bradford L. Huie THE JEWISH ANTI-DEFAMATION LEAGUE (ADL) — in great contrast to the American Mercury and other independent media — has given hardly any publicity to the 100th anniversary of the murder of Mary Phagan and the

The Leo Frank Trial: Week Three of the Four Week Trial, Summer of 1913, August

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The trial of Leo Frank (pictured) for the murder of Mary Phagan ended its third week 100 years ago today. Join us as we break through the myths surrounding the case and investigate what really happened. by Bradford L. Huie AS THE THIRD WEEK of the trial dawned, the prosecution had just made its case that National Pencil Company Superintendent Leo Max Frank had murdered 13-year-old laborer Mary Phagan — and a powerful case it was. Now it was the defense's turn — and the defense team was a formidable one, the best that money could buy in 1913 Atlanta,

The Leo Frank Trial: Week One of Four Weeks, Summer of 1913, Late July, Early August

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100 years ago today the trial of the 20th century ended its first week, shedding brilliant light on the greatest murder mystery of all time: the murder of Mary Phagan. And you are there. by Bradford L. Huie THE MOST IMPORTANT testimony in the first week of the trial of National Pencil Company superintendent Leo Frank for the murder of Mary Phagan was that of the night watchman, Newt Lee (pictured, right, in custody), who had discovered 13-year-old Mary's body in the basement of the pencil factory during his nightly rounds in the early morning darkness of April 27, 1913.

The Leo Frank Trial: Week Two of Four Weeks, Summer of 1913, August

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The 1913, summer trial of 29-year-old Leo Max Frank for the rape and strangulation of 13-year-old Mary Anne Phagan ended its second week 100 years ago today. Join us as we delve into the original documents of the time and hear what the jurors learned in the Fulton County Superior Court of Atlanta, Georgia. by Bradford L. Huie, Edited by Luke Brown. THE EVIDENCE that National Pencil Company Superintendent Leo Frank had raped and murdered, 13-year-old child laborer Mary Phagan was mounting up as the second week of his trial began in Atlanta, and passions were high on both sides

Saturday, 1st November 1913: I’m Not Convinced Frank Is Guilty Or Innocent, Says Judge, The Atlanta Georgian

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The Atlanta Georgian,Saturday, 1st November 1913,PAGE 1, COLUMN 5.JUDGE L. S. ROAN, WHO RENDERED DECISION DENYING A NEW TRIALPAGE 1, COLUMN 6"The jury was Convinced; it is my duty to deny a new trail," said Judge Roan.PAGE 1, COLUMN 7DEFENSE GETS READY FOR FINAL STAND IN FIGHT TO SAVE FRANKClose upon the defeat of their motion for a new trial, the attorneys for Leo M. Frank, convicted of the murder of Mary Phagan, began Friday the draft of the bill of exceptions which will take the case to the Supreme Court of the State.The new trial was denied by Judge

Sunday, 2nd November 1913: Mystery Of Phagan Case Deepened By Address Of Judge Roan, The Atlanta Georgian

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The Atlanta Georgian,Sunday, 2nd November 1913,PAGE 1, COLUMN 1.Admission of Court In Denying New Trial That He Was Not Convinced Either of Guilt or Innocence Creates Sensation.'Old Police Reporter' Finds Lawyers Who Believe Admission of Doubt Was Attempt to Right Judicial Wrong by Only Possible Means.By an Old Police Reporter.The speech of Judge L. S. Roan delivered when he refused to grant a new trial to Leo M. Frank has thrown the famous case "wide open," so to speak.Incidentally it has served to deepen the mystery, which so many believed was solved in August when the jury returned a verdict

Monday, 3rd November 1913: Frank Relies On Roan’s Speech For A New Trial, The Atlanta Georgian

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The Atlanta Georgian,Monday, 3rd November 1913,PAGE 1, COLUMN 7.Georgian's ReportMade the RecordThe Georgian's report of Judge L. S. Roan's remarkable expression of doubt in refusing to grant Leo M. Frank a new trial was Saturday incorporated into the official bill of exceptions by common consent of Solicitor Hugh M. Dorsey, Luther Rosser, and the court itself.Mr. Dorsey objected to the report of the Judge's words as first given in the bill by Frank's lawyers and the difficulty was solved by accepting The Georgian's version.It is probably the first time in court history that a newspaper report of a legal proceeding

Tuesday, 4th November 1913: Judge Hill Orders Locker Club Probe, The Atlanta Georgian

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The Atlanta Georgian,Tuesday, 4th November 1913,PAGE 1, COLUMN 6.ASSERTS GUN TOTING IS MENACENew Justice Tells Body It Must NotSpareLiquor LawViolators Judge Ben Hill, in his first official act as a member of the Superior Court bench, Monday opened a campaign against illegal traffic in intoxicants, with especial reference to locker clubs which may be violating the prohibition laws.Charging his first Grand Jury, he urged the most careful inquiry into the conditions under which the locker clubs are operating, and if any were found to be disregarding the law in any way to indict the men operating them."There are rumors that

Wednesday, 5th November 1913: Judge’s Words Give Leo Frank New Hope, The Atlanta Georgian

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The Atlanta Georgian,Wednesday, 5th November 1913,PAGE 11, COLUMN 2.Attorneys Hold That Roan's ExpressedDoubt Will Make Rehearing Assured.Attorneys for Leo M. Frank Tuesday made the declaration that the Supreme Court of Georgia could avoid giving their client a new trial only by upsetting a well-established precedent and by reversing every Supreme Court decision which has borne on the trial judge's duty to set aside a verdict of guilty for which he is not convinced there was sufficient warrant.Roan's Position Clear."Judge Roan went out his way to make his stand in the matter perfectly clear. He mentioned that the case had given

Thursday, 6th November 1913: All Around The Town Little Facts And Fancies About Well-known Atlantans, The Atlanta Georgian

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The Atlanta Georgian,Thursday, 6th November 1913,PAGE 11, COLUMN 2."So many people mispronounce the name of the senior Senator from Wisconsin," said Wiliam Schley Howard to-day, "and there really is no difficulty whatever about it. It is pronounced the easiest way imaginable simply 'La Fo-let.' The accent is on the 'Fol.'""So many people undertake to give it a French twist and pronounce it 'La Fol-ay,' while others insist upon 'La Fol-ette,' with the accent on the 'ette.'""Both of these pronunciations are out of the ordinary and much harder to get away with than just plain 'La Fol-et!'""Really, 'La Fol-et' is all

Monday, 10th November 1913: Conley Expected To Plead Guilty And Ask Coury’s Mercy, The Atlanta Georgian

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The Atlanta Georgian,Monday, 10th November 1913,PAGE 4, COLUMN 7.It is expected that Jim Conley, the negro whose testimony featured the trial of Leo M. Frank, will be taken before Judge Ben H. Hill, in the Fulton County Criminal Court, Tuesday morning and plead guilty to the charges against him as accessory to the killing of Mary Phagan.The attorneys for Conley have not stated whether they will go to a trial or whether they simply will have the negro plead guilty and ask fort the mercy of the court.At the Solicitor's office, though, it is understood he will plead guilty.Conley has

Tuesday, 11th November 1913: Conley Expected To Plead Guilty And Ask Coury’s Mercy, The Atlanta Georgian

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The Atlanta Georgian,Tuesday, 11th November 1913,PAGE 1, COLUMN 7.It is expected that Jim Conley, the negro whose testimony featured the trial of Leo M. Frank, will be taken before Judge Ben H. Hill, in the Fulton County Criminal Court, Tuesday morning and plead guilty to the charges against him as accessory to the killing of Mary Phagan.The attorneys for Conley have not stated whether they will go to a trial or whether they simply will have the negro plead guilty and ask fort the mercy of the court.At the Solicitor's office, though, it is understood he will plead guilty.Conley has

Wednesday, 12th November 1913: Conley Taken To Court For Trial, The Atlanta Georgian

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The Atlanta Georgian,Wednesday, 12th November 1913,PAGE 2, COLUMN 8.TO PLEAD GUILTY AS AID TO FRANKTwo Indictments as Accessory in Phagan CasePending NegroWill Deny Felony Charge.Jim Conley, the State's star witness against Leo M. Frank and an admitted accessory after the fact in the murder of Mary Phagan, was taken from the Tower Wednesday morning to await the calling of his case in the court of Judge Ben H. Hill.Two indictments were found against Conley by the Fulton County Grand Jury.Both charged him with being accessory after the fact, but one of the indictments involved only a misdemeanor while the other

Thursday, 13th November 1913: Conley Trial On Merits Asked By Dorsey, The Atlanta Georgian

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The Atlanta Georgian,Thursday, 13th November 1913,PAGE 9, COLUMN 4.That the disposition of the cases against Jim Conley, negro accuser of Leo M. Frank, convicted of the murderer of Mary Phagan, will be no mere cut-and-dried affair was indicated Thursday afternoon when Jim was taken before Judge Ben Hill.The two cases one charging a felony and the other a misdemeanor were read, and then Solicitor Dorsey announced that he wanted the case tried on its merits.Judge Hill said he would hear the case Friday morning.W. M. Smith, the negro's lawyer, was in court ready to demand that his client be tried.There

Friday, 14th November 1913: Rosser And Arnold Oppose Each Other, The Atlanta Georgian

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The Atlanta Georgian,Friday, 14th November 1913,PAGE 4, COLUMN 4.Luther Rosser and Reuben Arnold, Frank's attorneys Friday opposed each other in the Federal Court when the Texas Oil Company filed a bill of equity to prevent T. E. Purcell from pushing his case in the Fulton County Court.Rosser is representing the Texas Company and Arnold appears for Purcell.Purcell alleges he made a contract with the Texas company for 49,000 barrels of gasoline the company failed to deliver.The price advanced and Purcell claims he could have made a quarter of a million profit.PAGE XXX, COLUMN 5CONLEY TRIAL ON MERITS ASKED BY DORSEYThat

Saturday, 15th November 1913: Rosser And Arnold Oppose Each Other, The Atlanta Georgian

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The Atlanta Georgian,Saturday, 15th November 1913,PAGE 1, COLUMN 4.Luther Rosser and Reuben Arnold, Frank's attorneys Friday opposed each other in the Federal Court when the Texas Oil Company filed a bill of equity to prevent T. E. Purcell from pushing his case in the Fulton County Court.Rosser is representing the Texas Company and Arnold appears for Purcell.Purcell alleges he made a contract with the Texas company for 49,000 barrels of gasoline the company failed to deliver.The price advanced and Purcell claims he could have made a quarter of a million profit.PAGE 8, COLUMN 4Frank FilesReasons for New TrialPHAGAN CASE IN

Monday, 17th November 1913: Frank Files Reasons For New Trial, The Atlanta Georgian

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The Atlanta Georgian,Monday, 17th November 1913,PAGE 1, COLUMN 8.PHAGAN CASE IN SUPREME COURTArgument To Be Set for December 15 and Final Decision May Be Made by March.All doubt as to when the arguments will be heard by the Supreme Court in the Frank case was set at rest Saturday, when the bill of exceptions, properly certified, was filed with the clerk of the court for record.This means the case will go on the calendar for argument on December 15, although actual argument may not be heard for three or four days thereafter.Arguments in the case may be made either orally

Sunday, 16th November 1913: Conley Trial Is Delayed By Frank Appeal, The Atlanta Georgian

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The Atlanta Georgian,Sunday, 16th November 1913,PAGE XXX, COLUMN 1.Smith Demands Speedy Hearing, But None Is Likely Until the Phagan Decision.Rumor was current Saturday, after the filling with the Supreme Court of the bill of exceptions and brief of evidence to be used in arguing for a new trial for Leo M. Frank that Jim Conley, despite the determined efforts of his attorney to obtain an immediate hearing, would not be placed on trial as an accessory in the murder of many Phagan until after the Supreme Court disposes of Frank's petition for a new trial.W. M. Smith, Conley's counsel, repealed

Thursday, 20th November 1913: Conley’s Attorney, To Combat Further Delay In His Case, The Atlanta Georgian

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The Atlanta Georgian,Thursday, 20th November 1913,PAGE XXX, COLUMN 4.That a further postponement of the trial of Jim Conley, the negro witness in the Phagan case, will be bitterly fought, was the declaration of W. M. Smith, Conley's attorney, Thursday.Attorney Smith stated that he would hold a conference with Solicitor Dorsey and Judge Ben Hill, in whose court the trial will be heard, Thursday afternoon when he would protest against a further delay in the hearing of his client's case, and would urge its immediate disposal.Solicitor Dorsey Thursday stated, however, that the negro's trial had been put off indefinitely.Conley, who is

Tuesday, 18th November 1913: Lawyer Absent, Conley’s Case Is Delayed, The Atlanta Georgian

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The Atlanta Georgian,Tuesday, 18th November 1913,PAGE XXX, COLUMN 4.Negro's Counsel Tuesday Will Demand Immediate Hearing, Attitude SurprisesDorsey.The absence from the city W. M. Smith attorney for Jim Conley, prevented the calling of Jim Conley's case Monday on the charge of being an accessory after the fact in the murder of Mary Phagan.Smith declared before he left for Macon, where he will appear as counsel in a white slave case, that he would fight every further effort to delay the trial of Conley.He said that at once upon his return to Atlanta, he would file a demand upon the court for

Tuesday, 25th November 1913: Conley Again Taken To Court. Attorney To Urge Hearing Now, The Atlanta Georgian

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The Atlanta Georgian,Tuesday, 25th November 1913,PAGE 1, COLUMN 8.Jim Conley, when sensational story helped to convict Leo M. Frank of the murder of Mary Phagan, was taken once more from his cell in the Tower Tuesday to the courthouse.Solicitor Dorsey said he was not sure that Conley's case would be reached.W. M. Smith, Conley's lawyer, has insisted that his case be settled at once, and will urge Judge Hill to pass sentence or give him a jury trial.It seemed likely Tuesday that the negro would, with his lawyer's consent, have the facts presented to the court and not insist on

Friday, 21st November 1913: Conley’s Attorney, To Combat Further Delay In His Case, The Atlanta Georgian

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The Atlanta Georgian,Friday, 21st November 1913,PAGE 1, COLUMN 4.That a further postponement of the trial of Jim Conley, the negro witness in the Phagan case, will be bitterly fought, was the declaration of W. M. Smith, Conley's attorney, Thursday.Attorney Smith stated that he would hold a conference with Solicitor Dorsey and Judge Ben Hill, in whose court the trial will be heard, Thursday afternoon when he would protest against a further delay in the hearing of his client's case, and would urge its immediate disposal.Solicitor Dorsey Thursday stated, however, that the negro's trial had been put off indefinitely.Conley, who is

Wednesday, 26th November 1913: Comment On The Frank Case, The Atlanta Georgian

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The Atlanta Georgian,Wednesday, 26th November 1913,PAGE XXX, COLUMN 5.EditorThe Georgian:I herewith inclose a communication for publication, if you see fit to accept same.There is really some doubt in my mind as to whether you will publish his article for the reason that I have failed to see a single article in your paper defending this court trial of Leo Frank.However, I am going to assume that you will be fair enough to allow both sides of the case to be presented to your readers.I have been a constant reader of your paper practically from its first issue; a good many

Luther Zeigler Rosser Closing Arguments at Leo Frank Trial

Mr. Rosser: Gentlemen of the jury. All things come to an end. With the end of this case has almost come the end of the speakers, and but for the masterly effort of my brother, Arnold, I almost wish it had ended with no speaking. My condition is such that I can say but little ; my voice is husky and my throat almost gone. But for my interest in this case and my profound conviction of the innocence of this man, I would not undertake to speak at all. I want to repeat what my friend, Arnold, said so

Frank Arthur Hooper Closing Arguments at Trial of Leo Frank

Mr. Frank Arthur Hooper: Gentlemen of the Jury, the object of this trial, as well as all other trials, is the ascertainment of truth and the attainment of justice. In the beginning, I want to have it understood that we are not seeking a verdict of guilty against the defendant unless he is guilty. The burden of guilt is upon our shoulders- we confront the undertaking-of putting it upon his. We recognize that it must be done beyond a reasonable doubt, and that it must be done purely by the evidence which we have produced before you. We have cheerfully

Reuben Rose Arnold Closing Arguments at Leo Frank Trial

Mr. Arnold: Gentlemen of the Jury: We are all to be congratulated that this case is drawing to a close. We have all suffered here from trying a long and complicated case at the heated term of the year. It has been a case that has taken so much effort and so much concentration and so much time, and the quarters here are so poor, that it has been particularly hard on you members of the jury who are practically in custody while the case is going on. I know it's hard on a jury, to be kept confined this

MAGNOLIA “MINOLA” MCKNIGHT, Colored, Sworn In For The State, 49th To Testify

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  MINOLA Mc Knight (colored), sworn for the Defendant. I work for Mrs. Selig. I cook for her. Mr. and Mrs. Frank live with Mr. and Mrs. Selig. His wife is Mrs. Selig's daughter. I cooked breakfast for the family on April 26th. Mr. Frank finished breakfast a little after seven o'clock. Mr. Frank came to dinner about 20 minutes after one that day. That was not the dinner hour, but Mrs. Frank and Mrs. Selig were going off on the two o'clock car. They were already eating when Mr. Frank came in. My husband, Albert Mc Knight, wasn't in

10 PEOPLE, Sworn In For The State From Miss Myrtie Cato To Carrie Smith, 156th To Testify

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  MISS MYRTIE CATO, MAGGIE GRIFFIN, MRS. C. D. DONEGAN, MRS. H. R. JOHNSON, MISS MARIE CARST, MISS NELLIE PETTIS, MARY DAVIS, MRS. MARY E. WALLACE, ESTELLE WINKLE, CARRIE SMITH, All sworn for the Defendant, testified that they were formerly employed at the National Pencil Company and worked at the factory for a period varying from three days to three and a half years; and that Leo M. Frank's character for lasciviousness was bad. 10 PEOPLE, Sworn In For The State From Miss Myrtie Cato To Carrie Smith, 156th To Testify  

7 PEOPLE, Sworn In For The State From J R Floyd To Lem Smith, 153rd To Testify

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J. R. FLOYD, R. M. GODDARD, A. L. GODDARD, N. J. BALLARD, HENRY CARR, J. S. RICE, LEM SMITH, all sworn for theState, testified that they knew Daisy Hopkins; that her general characterfor truth and veracity was bad and that they would not believe heron oath. J. R. Floyd testified that he heard Daisy Hopkins talk aboutFrank and said there was a cot in the basement.7 PEOPLE, Sworn In For The State From J R Floyd To Lem Smith, 153rd To Testify

39 PEOPLE, Sworn In For The State From D I Macintyre To Nathan Coplan, 151st To Testify

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D. I. MACINTYRE, B. WILDAJER, MRS. DAN KLEIN, ALEX DITTLER, DR. J. E. SOMERFIELD, F. G. SCHIFF, ALL. GUTRAN, JOSEPH GERSHON, PL. D. MCCARLEY, MRS. H. W. MEYER; MRS. DAVID MARX, MRS. A. I. HARRIS, M. S. RICH, L. H. ROSS, MRS. L. H. ROSS, MRS. JOSEPH BROWN, M. M. FITZPATRICK, EMIL DITTMER, WM. BAUER, MISS. HELEN LOBB, AL. FOX, MRS. MARTIN MAY, JULIAN V. BOMHM, MRS. MOLLIE HOSBERG, M. H. SILVERMAN, MRS. M. L. STERN, CHAS. ADLER, MRS. R. A. SOMH, MISS RAY KLEIN, A. J. JONES, L. MISTAIN, J. BERHARD, J. FOX, MARCUS LOEB, FRED, HILLBRON, A. C.

8 PEOPLE, Sworn In For The State From Misses Mollie Blair To Mrs Barnes, 149th To Testify

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MISSES MOLLIE BLAIR, ETHEL STEWARD, CORA COWAN, B. D. SMITH, LIZZIE WORD, BESSIE WHITE, GRACE ATHERTON, AND MRS. BARNES all sworn for the defendant testified that they were employees of the National Pencil Company, and work on the fourth floor of the factory; that the general character of Leo M. Frank was good; that they have never gone with him at any time or place for any immoral purpose, and that they never heard of his doing anything wrong.8 PEOPLE, Sworn In For The State From Misses Mollie Blair To Mrs Barnes, 149th To Testify

MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT, AND MRS ELLA THOMAS, Sworn In For The State, denotated as a cluster of people who testified separately and individually, 148th To Testify

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MISS ANNIE OSBORNE, MISS REBECCA CARSON, MISS MAUDE WRIGHT, AND MRS. ELLA THOMAS,All sworn for the defendant, testified that they were employees of the National Pencil company; that Mr. Frank's general character was good; that Conley's character for truth and veracity was bad and that they would not believe him on oath. MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT, AND MRS ELLA THOMAS, Sworn In For The State, 148th To Testify  

Introduction to the Leo Frank Trial Brief of Evidence, July 28th, 1913 to August 21st, 1913, in the Fulton County Superior Court, Atlanta, Georgia, USA

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  Leo Frank Trial Brief of Evidence, 1913 STATE OF GEORGIA VERSUS LEO M. FRANK In Fulton Superior Court, trial began July 28th and ended August 21st, 1913. Judge Leonard Strickland Roan, presiding. Conviction of murder at July term on August 25th, 1913 in Fulton Superior Court, Atlanta, Georgia. BRIEF OF THE EVIDENCE Introduction To Leo Frank Trial Brief  

GORDON BAILEY, Colored, Sworn In For The State, 92nd To Testify

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GORDON BAILEY, (colored) sworn for the Defendant.I work at the factory. I am sometimes called" Snowball. " I neversaw Jim Conley talk to Mr. Frank the Friday before the murder. I havenever, at any time, heard Mr. Frank ask Conley to come back on any Saturday. I have never seen Mr. Frank bring in any women into the factory. I have never seen Jim Conley guarding or watching the door. Ihave seen Jim take newspapers and look at it, but I don't know if he readthem or not. I have seen him have papers at the station house like hewas

TRUMAN MCCRARY, Colored, Sworn In For The State, 80th To Testify

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TRUMAN Mc CRARY, (colored), sworn for the Defendant.I am a drayman on the streets of Atlanta. I work for the NationalPencil Company. I have hauled for them. I have drayed for them mostevery Saturday for the past three years. I would work on Saturdayafternoons until half past three and sometimes as late as five. I would be sometimes there so late the shipping clerk would be gone. I havenever found the front door locked on a Saturday afternoon. I havenever seen Jim Conley watching there Saturday afternoon. I have neverseen him guarding the door. I have never seen him around

MISS RUTH ROBINSON, Sworn In For The State, 158th To Testify

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MISS RUTH ROBINSON, sworn for the State in rebuttal.I have seen Leo M. Frank talking to Mary Phagan. He was talkingto her about her work, not very often. He would just tell her, whileshe was at work, about her work. He would stand just close enough toher to tell her about her work. He would show her how to put rubbers inthe pencils. He would just take up the pencil and show her how to do it.That's all I saw him do. I heard him speak to her; he called her Mary.That was last summer.MISS RUTH ROBINSON, Sworn In For

MISS MAMIE KITCHENS, Sworn In For The State, 157th To Testify

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MISS MAMIE KITCHENS, sworn for the State in rebuttal.I have worked at the National Pencil Company two years. I am onthe fourth floor. I have not been called by the defense. Miss Jones andMiss Howard have also not been called by the defense to testify. I wasin the dressing room with Miss Irene Jackson when she was undressed.Mr. Frank opened the door, stuck his head inside. He did not knock. Hejust stood there and laughed. Miss Jackson said, "Well, we are dressing,blame it," and then he shut the door.CROSS EXAMINATION.Yes, he asked us if we didn't have any work to

MISS EMILY MAYFIELD, Sworn In For The State, 147th To Testify

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MISS EMILY MAYFIELD, Sworn for the defendant.I worked at the pencil factory last year during the summer of 1912. I have never been in the dressing room when Mr. Frank would come in and look at anybody that was undressing.CROSS EXAMINATION.I work at Jacob's Pharmacy. My sister used to work also at the pencil factory. I don't remember any occasion when Mr. Frank came in the dressing room door while Miss Irene Jackson and her sister were there.MISS EMILY MAYFIELD, Sworn In For The State, 147th To Testify

MRS J J WARDLAW, Sworn In For The State, 146th To Testify

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MRS. J. J. WARDLAW, sworn for the Defendant.I worked at the pencil factory four years. I worked on the fourthfloor. Mr. Frank's character is good. I have never met Mr. Frank atany time or place for any immoral purpose.CROSS EXAMINATION.I have never heard of any improper relation of Mr. Frank with anyof the girls at the factory. I have never heard of his putting his armaround any girl on the street car, or going to the woods with them.MRS J J WARDLAW, Sworn In For The State, 146th To Testify

MISS IRENE CARSON, Sworn In For The State, 145th To Testify

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MISS IRENE CARSON, sworn for the Defendant.I worked for fifteen months on the fourth floor of the pencil factory.I have known Mr. Frank during that time. His character is good. I ama sister of Miss Rebecca Carson, and a daughter of Mrs. E. H. Carson. Iwas with my sister on Whitehall Street on April 26th and recollect seeingMr. Frank there. I have never met Mr. Frank at any time or placefor any immoral purpose.MISS IRENE CARSON, Sworn In For The State, 145th To Testify

MRS MATTIE THOMPSON, Sworn In For The State, 144th To Testify

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MRS. MATTIE THOMPSON, sworn for the Defendant.I work on the fourth floor of the pencil factory. I have been there three years. Mr. Frank's general character is good. I have never heard anything against him. I have never met Mr. Frank anywhere or at any time for any immoral purpose. I have made complaint about girls flirting out of the windows with men on the outside. After seven o'clock, thegirls are not supposed to be in the dressing room. There is no toilet orbathtub in the dressing room. There is no lock on the door.CROSS EXAMINATION.They were all complaining up

MISS BESSIE FLEMING, Sworn In For The State, 143rd To Testify

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MISS BESSIE FLEMING, sworn for the Defendant.I worked as stenographer at Mr. Frank's office from April, 1911, toDecember, 1911. Mr. Frank's character was unusually good.CROSS EXAMINATIONI am just talking about my personal relations with him. I have neverseen him do anything wrong there in the factory. He never made anyadvances to me or anyone else. I worked right in the same office withhim. The foreladies came to the office, the other girls did not very much.I never did see any flirting. I never heard about any. Mr. Frank workedon his financial sheet in the afternoons, he didn't have time Saturdaymorning.

MISS IRENE JACKSON, Sworn In For The State, 142nd To Testify

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MISS IRENE JACKSON, sworn for the Defendant.I worked at the pencil factory for three years. So far as I know Mr.Frank's character was very well. I don't know anything about him. Henever said anything to me. I have never met Mr. Frank at any time forany immoral purpose.CROSS EXAMINATION.I am the daughter of County Policeman Jackson. I never heard thegirls say anything about him, except that they seemed to be afraid ofhim. They never would notice him at all. They would go to work whenthey saw him coming. Miss Emily Mayfield and I were undressing in thedressing room once when

MISS SARAH BARNES, Sworn In For The State, 141st To Testify

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MISS SARAH BARNES, sworn for the Defendant.I worked at the pencil factory over four years. His character isgood. I have never heard anything bad. He has been the best of men.CROSS EXAMINATION.No one has talked to me about what I was going to swear. I havetold Mr. Arnold what I have told here. I never went with Mr. Frankfor any immoral purpose anywhere.MISS SARAH BARNES, Sworn In For The State, 141st To Testify

MRS EMMA CLARK FREEMAN, Sworn In For The State, 140th To Testify

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MRS. EMMA CLARK FREEMAN, sworn for the Defendant.I have worked at the pencil factory over four years. Mr. Frank'sgeneral character is good. I am a married woman. I have known Conleyever since he has been at the factory. His general character fortruth and veracity is bad. I would not believe him on oath.CROSS EXAMINATION.I have never heard any suggestion of any wrongdoing on the part ofMr. Frank, either in or out of the factory. I was forelady at the factory for about three years.MRS EMMA CLARK FREEMAN, Sworn In For The State, 140th To Testify

MISS OPIE DICKERSON, Sworn In For The State, 139th To Testify

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MISS OPIE DICKERSON, sworn for the Defendant.I have worked at the pencil factory for 17 months. Mr. Frank'sgeneral character is good. I have never met Mr. Frank for any immoralpurpose. I have known Jim Conley ever since I have been at the factory.His general character for truth and veracity is bad. I would notbelieve him on oath.CROSS EXAMINATION.I know Mr. Darley and Mr. Wade Campbell. I don't remember if Iwas with them on the night of April 26th. I don't remember where I was.MISS OPIE DICKERSON, Sworn In For The State, 139th To Testify

MISS EULA MAY FLOWERS, Sworn In For The State, 138th To Testify

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MISS EULA MAY FLOWERS, sworn for the Defendant.I work on the second floor of the pencil factory. I have known Mr.Frank for three years. His general character is good. I have knownConley for 2 years. His general character for truth and veracity is bad.CROSS EXAMINATION.His borrowing money and not paying it back is one thing. He haspromised and he has never paid back anything he has ever borrowedfrom me. I had Mr. Gantt take it out of his envelope. I have never metMr. Frank anywhere for any immoral purpose.MISS EULA MAY FLOWERS, Sworn In For The State, 138th To Testify

MISS IDA HAYS, Sworn In For The State, 137th To Testify

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MISS IDA HAYS, sworn for the Defendant.I work at the pencil factory on the fourth floor. I have known Mr.Frank for two years. His general character is good. I have known Conleyfor two years. His general character for truth and veracity is bad.I would not believe him on oath.CROSS EXAMINATION.Conley borrowed money and promised to pay it back, but he didn'tdo it. We would get it after awhile. He tried to borrow money from me,but I refused to let him have it.MISS IDA HAYS, Sworn In For The State, 137th To Testify

MRS J 0 PARMELEE, Sworn In For The State, 136th To Testify

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MRS. J. 0. PARMELEE, sworn for the Defendant.My husband is a stockholder in the National Pencil Company. Mr.Frank's general character is very good.CROSS EXAMINATION.I have seen Mr. Frank at the jail twice. I have only come in contactwith him once at the factory. I am a member of the Board of ShelteringArms, and I have heard a great deal of Mr. Frank in matters of charityand in a social way. I have heard different people speak of him, a greatmany people. I have heard the Liebermans, the Montags, the Haases,Mrs. Bauer, Mr. Parmalee and the employees at the factory speak

MRS ADOLPH MONTAG, Sworn In For The State, 135th To Testify

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MRS. ADOLPH MONTAG, sworn for the Defendant.I am a sister of Mr. Sig Montag. I have known Mr. Frank fiveyears. His character is very good.CROSS EXAMINATION.I have heard of his character through the ladies he has lived with.Mrs. Meyers has told me how nice he always was to her. My husbandhas always spoken well of him. I have heard a great many people speakwell of him. I heard his uncle speak well of him. My husband has toldme what a fine, intelligent gentleman he was.MRS ADOLPH MONTAG, Sworn In For The State, 135th To Testify

MRS MINNIE SMITH, Sworn In For The State, 89th To Testify

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MRS. MINNIE SMITH, sworn for the Defendant.I work at the pencil factory. I do not know C. B. Dalton. I live at148 S. Forsyth Street. I have never met Dalton or walked home withhim. I don't know the man. I know Mr. Frank. I have spoken to himsix times in the four years and a half that I worked there.CROSS EXAMINATION WAIVED.V. S. Cooper, W. T. Mitchell, 0. A. Nix, Samuel Craig, B. L. Patterson,Robert Craig, Ed Craig, T. L. Ambrose, J. P. Bird, J. H. Patrick andMRS MINNIE SMITH, Sworn In For The State, 89th To Testify

MISS LAURA ATKINSON, Sworn In For The State, 88th To Testify

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MISS LAURA ATKINSON, sworn for the Defendant.I have been in Mr. Dalton's company three times. I never met himat the Busy Bee Cafe. I have never walked with him to or from the pencilcompany. I have never walked home with him.CROSS EXAMINATION.I worked at the National Pencil factory two days last month. I haveknown Mr. Dalton six months. I have been in his company three times.I did not know Daisy Hopkins.MISS LAURA ATKINSON, Sworn In For The State, 88th To Testify

MRS M MARCUS, Sworn In For The State, 76th To Testify

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MRS. M. MARCUS, sworn for the Defendant.I am no relation of Mr. or Mrs. Frank. I saw Mr. Frank at half pasteight or a quarter to nine in the evening on April 26th, at Mrs. Selig'sresidence. We played cards there. Mr. Frank opened the door for us.He stayed in the hall reading. We played cards in the dining room. Hewent to bed between ten and half after ten. He appeared as natural asusual. I left the house about twelve o'clock.CROSS EXAMINATION.We had a game of cards every Saturday afternoon at somebodyelse's house.MRS M MARCUS, Sworn In For The State, 76th

MRS ALEXANDER E MARCUS, Sworn In For The State, 75th To Testify

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MRS. ALEXANDER E. MARCUS, sworn for the Defendant.I am a sister of Mrs. Leo Frank. I played cards Saturday night atMrs. Selig's. Mr. Frank was there sitting out in the hall reading, andMrs. Frank was going in and out of the room. Mr. Frank went to bedafter ten o'clock. I noticed nothing unusual about him, no bruises,marks or signs.CROSS EXAMINATION.He came in one time and told me something funny about a baseballjoke. We were still playing when he went to bed.MRS ALEXANDER E MARCUS, Sworn In For The State, 75th To Testify

MRS C F URSENBACH, Sworn In For The State, 74th To Testify

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MRS. C. F. URSENBACH, sworn for the Defendant.I am Mrs. Leo Frank's sister. I received a telephone message forMr. Ursenbach from Mr. Frank through my cook on Saturday at halfpast one. I saw no scratches, bruises, or marks on Mr. Frank on Sunday.He was nervous as one would have been under the circumstances.He borrowed a rain coat from my husband that afternoon. The rain coatwas at our house on Saturday. It was there when my husband asked himif he would wear it on Sunday. Mr. Frank did not have it on Saturday.CROSS EXAMINATION.On Sunday Mr. Frank when he was at

MRS RACHEL JACOBS FRANK, Sworn In For The State, 71st To Testify

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MRS. RACHEL JACOBS FRANK, sworn for the Defendant.I am the mother of Leo Frank. I live in Brooklyn. I lived in Texasthree years, where Leo was born. Mr. Moses Frank of Atlanta is myhusband's brother. I saw him at Hotel Mc Alpin in New York City onApril 27th and April 28th 1913. The letter that you hand me (Defendant'sExhibit 42) I saw on Monday, April 28th 1913. It is my son's handwriting.This sheet (Defendant's Exhibit 43) is a sort of financial sheet. I hadlunch with Mr. Moses Frank at Hotel Mc Alpin on Monday, April 28th 1913.His wife read this

MISS JULIA FUSS, Sworn In For The State, 64th To Testify

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MISS JULIA FUSS, sworn for the Defendant.I work on the fourth floor of the pencil factory. I have never knownanything wrong or immoral to be going on in Mr. Frank's office. I talkedwith Jim Conley Wednesday morning after the murder. He was sweepingaround there and asked me to see the newspaper. As he read it he kinder grinned. He told me he believed Mr. Frank was just as innocentas the angels from Heaven. I know his general character. He was neverknown to tell the truth. I would not believe him on oath.CROSS EXAMINATION.I saw the dark red spots by the

MISS IORA SMALL, Sworn In For The State, 63rd To Testify

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MISS IORA SMALL, sworn for the Defendant.I worked on the fourth floor of the pencil factory for five years. Isaw Jim Conley on Tuesday. He was worrying me to get money from meto buy a newspaper and then he would come and ask me for copies of thepaper before I would get through reading them. They were extras. Hewould even get two of the same edition. He would take it and run overthere and sit on a box by the elevator and read it. He can read all right.He had on an old Norfolk coat with a belt around it

MISS MARY PIRK, Sworn In For The State, 62nd To Testify

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MISS MARY PIRK, sworn for the Defendant.I am one of the foreladies working at the National Pencil Co. I amat the head of the polishing department. I have been there about fiveyears. I talked with Jim Conley Monday morning after the murder. Iaccused him of the murder. He took his broom and walked right out ofthe office and I have never seen him since. His character for truth andfor veracity is bad. I would not believe him on oath.CROSS EXAMINATION.I suspected Jim as early as Monday April 28th. I did not report itto Mr. Frank then. I don't know why

MRS E M CARSON, Sworn In For The State, 61st To Testify

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MRS. E. M. CARSON, sworn for the Defendant.I worked at the pencil factory three years. Rebecca Carson is mydaughter. I am a widow. I have seen blood spots around the ladies'dressing room three or four times. I was at the factory Friday morning.I left about 12:45. I saw Jim Conley on Tuesday, after the murder. He was sweeping around my table, I said, "Well, Jim, they haven't got you yet," and he says, "NO." On Wednesday I said the same thing and he answered the same thing. On Thursday when I said that to him again he said, "No, I

MRS HENNIE WOLFSHEIMER, Sworn In For The State, 56th To Testify

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MRS. HENNIE WOLFSHEIMER, sworn for the Defendant.I am the aunt of Mrs. Frank. I live at 387 Washington Street, thethird house from the corner of Georgia Avenue. On April 26th, I sawMr. Frank in front of my house. It was about 2 o'clock. We had finisheddinner which we ate at half past one. I was not on the porch whenhe came up but I walked out on the porch after he came. I did not seehim catch the car as I was called in the house before he left. I saw nothingunusual about him. No nervousness or bruises or scratches.

MRS M G MICHAEL, Sworn In For The State, 54th To Testify

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MRS. M. G. MICHAEL, sworn for the Defendant.I live in Athens. On April 26th, I was at 387 Washington Street at2 o'clock, at the residence of my sister Mrs. Wolfsheimer. Mrs. Frankis my niece by marriage. I am no kin to Mr. Frank. I saw Mr. Frankabout 2 o'clock on April 26th. He was going up Washington Street towardstown when I first saw him. I remembered it was about 2 o'clock,because my son David was going to the matinee and he had to leave homebefore 2, and he had just left a few minutes when I saw Mr. Frank. I

MRS A P LEVY, Sworn In For The State, 53rd To Testify

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MRS. A. P. LEVY, sworn for the Defendant.I live right across the street from where Mr. Frank lives. I am nota relation of his either by blood or marriage. I saw him get off a car onMemorial Day between one and two o'clock. I was dressing to go to thematinee and was watching the cars as they passed to look out for my sonwho was late to dinner and saw Mr. Frank get off the car and cross thestreet to his home. I had a clock on my dresser and also one in the diningroom, and I was hurrying to

MISS HELEN KERNS, Sworn In For The State, 52nd To Testify

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MISS HELEN KERNS, sworn for the Defendant.I work for the Dodson Medicine Company as stenographer. Myfather works for Montag. I took shorthand under Professor Briscoelast winter. I have seen Mr. Frank in his factory. I went there withProfessor Briscoe to get a job. I didn't get the position. I was workingon the 26th day of April for Bennett Printing Company. That day I gotoff about 12 o'clock. I then went around in town to the different storesand did some trading. I had an appointment to meet a girl at 1:15 at thecorner of Whitehall and Alabama Streets, at Jacobs' Drug

MISS MAGNOLIA KENNEDY, Sworn In For The State, 45th To Testify

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MISS MAGNOLIA KENNEDY, sworn for the Defendant.I have been working for the pencil factory for about four years, inthe metal department. I drew my pay on Friday, April 25th, from Mr.Schiff at the pay window. Helen Ferguson was there when I went upthere. I was behind her and had my hand on her shoulder. Mr. Frankwas not there, Mr. Schiff gave Helen Ferguson her pay envelope. HelenFerguson did not ask Mr. Schiff for Mary Phagan's money. I came outright behind Helen Ferguson. We waited for Grace Hicks and then wentdown stairs. Helen didn't say anything about Mr. Frank at all.

MISS EULA MAY FLOWERS, Sworn In For The State, 44th To Testify

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MISS EULA MAY FLOWERS, sworn for the Defendant.I did not work at the factory on Saturday, April 26th. I workedthere Friday, the 25th, in the packing department. Mr. Schiff got fromme the data for the financial sheet on Friday night at ten minutes to six.It was the production for the entire week from my department. It covers all the different classes of work where the goods were finished.CROSS EXAMINATION.I always turn those reports in Friday night or early Saturday morning.They don't touch Friday's work.MISS EULA MAY FLOWERS, Sworn In For The State, 44th To Testify

MRS EMMA CLARKE FREEMAN, Sworn In For The State, 43rd To Testify

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MRS. EMMA CLARKE FREEMAN, sworn for the Defendant.I married on April 25th. I worked at the pencil factory before that,at the time I was married. I was paid off on April 25th by Mr. Schiff.On the 26th I reached the factory with Miss Hall about 25 minutes to 12.I saw Mr. Frank at his office. He was talking to two men when we wentin. Mrs. White and Mr. Frank's stenographer were also in the office.Mr. Frank gave us permission to go up on the fourth floor to get my coat.While we were going up the steps Mr. Frank called to

MISS CORINTHIA HALL, Sworn In For The State, 42nd To Testify

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MISS CORINTHIA HALL, sworn for the Defendant.I work in the finishing up department of the pencil factory. I am aforelady. I was at the factory on April 26th, I got there about 25 minutesto twelve. I had to come to town on the East Lake car and got totown about 11:30 and it took me about five minutes to reach the factory.Mrs. Emma Clarke Freeman was with me. She had spent the night withme. We went there after her coat and to telephone, to call up Mrs. Free-man's husband. We went up to the fourth floor to get the coat

MISS HATTIE HALL, Sworn In For The State, 41st To Testify

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`MISS HATTIE HALL, sworn for the defendant.I am a stenographer for the National Pencil Company. I do most ofthe work in the office of Montag Bros. Whenever it is necessary I godown to the National Pencil factory and do work there. I saw Mr. Frankabout ten o'clock of the morning of April 26th, at Montag Bros. , when hecame over there that morning. He came in Mr. Sig Montag's office, whereI was taking dictation and I told him that I didn't know whether I wouldbe able to go over there that morning or not, as Mr. Montag was givingme letters

MISS HELEN FERGUSON, Sworn In For The State, 22nd To Testify

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MISS HELEN FERGUSON, sworn for the State.My name is Helen Ferguson, I worked at the National Pencil Company on Friday the 25th. I saw Mr. Frank Friday, April 25th, about 7o'clock in the evening and asked for Mary Phagan's money. Mr. Franksaid "I can't let you have it," and before he said anything else I turnedaround and walked out. I had gotten Mary's money before, but I didn'tget it from Mr. Frank.CROSS EXAMINATION.When I got Mary's money before I went up there and called my numberand called her number, and I got mine and hers. I didn't ask the manthat

MISS MONTEEN STOVER, Sworn In For The State, 12th To Testify

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MISS MONTEEN STOVER, sworn for the State.I worked at the National Pencil Company prior to April 25th, 1913. I was at the factory at five minutes after twelve on that day. I stayed there five minutes and left at ten minutes after twelve. I went there to get my money. I went in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it

MISS GRACE HICKS, Sworn In For The State, 7th To Testify

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MISS GRACE HICKS, sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertaker's Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machine was right next to the dressing room, the first machine there. They had a separate closet for men and a separate one for ladies on that floor. There

R V JOHNSON, Sworn In For The State, 155th To Testify

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R. V. JOHNSON, sworn for the State.I have known C. B. Dalton for about 20 years. His character fortruth and veracity is good, and I would believe him on oath.CROSS EXAMINATION.I didn't hear he was indicted for liquor selling before he left mycounty. He was in good standing when he left the church. I knew hewas in the chaingang for stealing about 18 or 20 years ago.W. M. COOK, W. J. ELDER, A. B. HOUSTON, J. T. BORN, W. M.WRIGHT, C. B. Mc Ginnis, F. P. HEFNER, W. C. HALE, LEONBOYCE, M. G. CALDWELL, A. W. HUNT, W. C. PATRICK,

J T HEARN, Sworn In For The State, 154th To Testify

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J. T. HEARN, sworn for the State.I have known C. B. Dalton from 1890 to 1904. At first his generalcharacter was bad, but the last I knowed of him, it was good. I wouldbelieve him on oath.CROSS EXAMINATION.I heard of his being indicted for stealing and selling liquor, but thelast year he was in Walton County he joined the church and I neverheard a word against him after that.J T HEARN, Sworn In For The State, 154th To Testify

ARTHUR HEYMAN, Sworn In For The State, 133rd To Testify

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ARTHUR HEYMAN, sworn for the Defendant.I practiced law about nineteen years in Atlanta. I have known LeoFrank for three or four years. His general character is good.CROSS EXAMINATION.I have been with him seven or eight times in three years. I havebeen with him alone, I suppose, five or six times, probably for fifteen ortwenty minutes at a time. I have never heard any reference made to hisrelation with the girls in the factory.ARTHUR HEYMAN, Sworn In For The State, 133rd To Testify

M F GOLDSTEIN, Sworn In For The State, 131st To Testify

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M. F. GOLDSTEIN, sworn for the Defendant.I practice law in Atlanta. I have known Leo Frank about three anda half years. His character is very good.CROSS EXAMINATION.We used to live on the same street together. I would see him nearlyevery day. I would see him at the Progress Club a few times everymonth. During the last two years, he was the next ranking officer to mein the Lodge.M F GOLDSTEIN, Sworn In For The State, 131st To Testify

V H KRIEGSHABER, Sworn In For The State, 130th To Testify

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V. H. KRIEGSHABER, sworn for the Defendant.I live in Atlanta. I have known Leo Frank for about three years.His general character is good.CROSS EXAMINATION.I did not come in contact with him frequently. I am a trustee of theHebrew Orphans' Home and Mr. Frank is also. I met him once a monththere. I don't know how long he has been on the board. I have methim there probably twice. He also came quite frequently to the Orphans'Home with his uncle, before he was elected to the board. I didnot come in contact with him socially.V H KRIEGSHABER, Sworn In For The

PROF J E VANDERHOEF, Sworn In For The State, 129th To Testify

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PROF. J. E. VANDERHOEF, sworn for the Defendant.I am foreman of the foundry at Cornell University. I knew LeoFrank for two years when he attended the University. His characterwas good.CROSS EXAMINATION.I have been at Cornell 25 years. As to what caused me to take anyspecial notice of Leo Frank I come in contact with him every alternateday while he was there. I know the characteristics of the boys very well.No, I cannot tell what Frank did when he was in the class-room.PROF J E VANDERHOEF, Sworn In For The State, 129th To Testify

PROF C D ALBERT, Sworn In For The State, 128th To Testify

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PROF. C. D. ALBERT, sworn for the Defendant.I am professor of machine designs in Cornell University. I haveheld that chair for five years. I knew Leo M. Frank for two years whilehe attended the University. At that time I was instructor in mechanicallaboratory, and as such I came in contact with him. His characterwas very good.PROF C D ALBERT, Sworn In For The State, 128th To Testify

JOHN W TODD, Sworn In For The State, 127th To Testify

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JOHN W. TODD, sworn for the Defendant.I reside in Pittsburg. I am assistant purchasing agent for the CrucibleSteel Co. I attended Cornell University with Leo Frank. I knewhim for years during the time I was in College. I am the life treasurerof our class. His general character was good.JOHN W TODD, Sworn In For The State, 127th To Testify

HERBERT LASER, Sworn In For The State, 126th To Testify

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HERBERT LASER, sworn for the Defendant.I live in New York State. I manage my father's estates. I knewLeo Frank at Cornell University, during the years 1903-4-5-6. I was inhis class, and we roomed together for two years. His general characterwas very good.CROSS EXAMINATION.He associated with the finest class of students at the University. Ikept up a correspondence with him a couple of years after he left Cornell.HERBERT LASER, Sworn In For The State, 126th To Testify

ALFRED LORING LANE, Sworn In For The State, 122nd To Testify

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ALFRED LORING LANE, sworn for the Defendant.I am a resident of Brooklyn, N. Y. I have known Leo Frank about15 years. I knew him four years at Pratt Institute which we both at.tended. I also knew him after he returned from Cornell University. Hisgeneral character is good.ALFRED LORING LANE, Sworn In For The State, 122nd To Testify

DR LEROY CHILDS, Sworn In For The State, 121st To Testify

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DR. LEROY CHILDS, sworn for the Defendant.I am a surgeon. If a person dies and the body found three o'clockin the morning, rigor mortis not quite complete, embalmed the next dayabout ten o'clock, the body disinterred nine days later and a post-mortemmade, and a wound is found on the back of the head behind the ear,almost two and a quarter inches long going through the skull, there wasperhaps a drop of blood under the wound, no pressure on the brain, nofracture of the skull, it would be impossible to determine absolutely atthat time whether or not that wound produced unconsciousness.

JOHN ASHLEY JONES, Sworn In For The State, 120th To Testify

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JOHN ASHLEY JONES, sworn for the defendant.I have known Mr. Frank about a year or eighteen months. Hisgeneral character is good.CROSS EXAMINATION.I am resident agent for the New York Life Insurance Company. Idon't know any of the girls at the pencil factory. I have never heardany talk of Mr. Frank's practices and relations with the girls downthere. Mr. Frank has a policy of insurance with us. It is our customto seek a very thorough report on the moral hazard on all risks. Thereport on him showed up first class, physically as well as morally. Iwent to him in January, 1912,

DR W S KENDRICK, Sworn In For The State, 119th To Testify

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DR. W. S. KENDRICK, sworn for the Defendant.I have been a practicing physician for thirty-five years. I was Deanof the Atlanta Medical College. I gave Dr. Harris his first positionthere. If a young lady between thirteen and fourteen years of age diedand a post-mortem examination was made within eight or ten days afterdeath, by a physician who makes a digital and visual examinationto determine whether there is any violence to the vagina or not, and insertshis fingers for the purpose of deciding, and the body is embalmed,and after nine days it is disinterred and another post-mortem performedand the physician performing

DR J C OLMSTEAD, Sworn In For The State, 118th To Testify

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DR. J. C. OLMSTEAD, sworn for the Defendant.Practicing physician for 36 years. Given the facts that a younglady 13 or 14 years old died and 8 or 10 hours after death the body wasembalmed with a preparation containing 8% formaldehyde, andthe body is exhumed at the end of 9 or 10 days, and a post-mortem examination shows a wound on the left side of the back of the head aboutan inch and a half long, with cuts through to the skull, but no actualfracture of the skull, but a hemorrhage under the skull correspondingto the point where the blow was

DR WILLIS F WESTMORELAND, Sworn In For The State, 117th To Testify

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DR. WILLIS F. WESTMORELAND, sworn for the Defendant.DIRECT EXAMINATION.A practicing physician for twenty-eight years, general practice andsurgery. A professor of surgery for twenty years, and formerly presidentof the State Board of Health. If the body of a girl between thirteenand fourteen years old was embalmed about ten hours after death, aftertaking out a gallon of fluid and putting in a gallon of embalming fluid, ofwhich 8%is formaldehyde and the body was buried and nine orten days after upon a post mortem examination a cut an inch and a halflong cutting through to the skull in some places was found by

DR THOMAS HANCOCK, Sworn In For The State, 116th To Testify

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DR. THOMAS HANCOCK, sworn for the Defendant.A doctor for 22 years. Engaged in hospital work 6 or 7 years.Have treated about 14,000 cases of surgery. Have examined the private.parts of Leo M. Frank and found nothing abnormal. As far as my examination disclosed he is a normal man sexually. If a body is embalmedabout 8 or 10 or 12 hours after death, a gallon of the liquids of the bodyremoved, a gallon of embalming fluid, containing 8% formaldehydeis injected, the body buried and a post mortem examination made atthe end of 9 or 10 days, and the doctor finds back

PROF GEO BACHMAN, Sworn In For The State, 115th To Testify

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PROF. GEO. BACHMAN, sworn for the Defendant.Prof. of Physiology and Physiological Chemistry Atl. Col. Phys. &Surgeons. Bomar says it takes 4 hours and a half to digest cabbage.That's for the cabbage to pass from the stomach into the intestines.The gastric digestion takes 4 hours and a half. That is the time it issupposed to be in the stomach. More digestion occurs in the small intestine. The pancreatic juice helps digestion mostly in the small intestine. It consists of water in organic salts of which sodium carbonate is the most important, and a number of ferments. The ordinary time that ittakes

L M CASTRO, Sworn In For The State, 114th To Testify

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L. M. CASTRO, sworn for the Defendant.I walked from the corner of Marietta and Forsyth Streets to the upstairs of the National Pencil factory on S. Forsyth Street at a moderategait. It took me 41/2 minutes. I walked from the same place in the pencilfactory to the corner of Whitehall and Alabama Streets, and it tookme three minutes and twenty seconds. I walked from the corner of Hunterand Broad Streets to the same place in the pencil factory and it tookme one minute and a half.L M CASTRO, Sworn In For The State, 114th To Testify

K T THOMAS, Sworn In For The State, 113th To Testify

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K. T. THOMAS, sworn for the Defendant.I am a civil engineer. I measured the distance from the intersectionof Marietta and Forsyth Streets to the pencil factory on Forsyth Street.It is 1,016 feet. I walked the distance, it took me four and a half minutes.I measured the distance from the pencil factory to the intersection ofWhitehall and Alabama; it is 831 feet. I walked the distance and it tookme 31/2 minutes. I measured the distance from the pencil factory to thecorner of Broad and Hunter; it is 333 feet. I walked it in a minute andthree quarters. I walked at a

J R LEACH, Sworn In For The State, 112th To Testify

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J. R. LEACH, sworn for the Defendant.I am division superintendent of the Ga. Rwy. & Power Co. I knowthe schedule of the Georgia Avenue line and the Washington Street line.The Georgia Avenue line leaves Broad and Marietta on the hour andevery ten minutes. It takes two minutes to go from Broad and Mariettato the corner of Whitehall and Alabama. It takes 12 or 13 minutes torun from Broad and Marietta to the corner of Georgia Avenue andWashington Street, about ten minutes from Whitehall and Alabama toGeorgia Avenue and Washington Street. The Washington Street carleaves Broad and Marietta two minutes after

JULIUS A FISCHER, Sworn In For The State, 111th To Testify

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JULIUS A. FISCHER, sworn for the Defendant.I am a contractor and builder. I looked at the house of the Selig'sat 68 E. Georgia Avenue. Standing in the kitchen door, I had very littleview of the sideboard. You could see possibly an inch in the mirror. Youcan get no view from the mirror. The test was made sitting down andstanding up. The mirror is four feet high from the floor. You could getno view of the dining room table, nor see a man sitting at the table. Themirror is fixed straight up and down. The view you get depends on theangle

H M WOOD, Sworn In For The State, 110th To Testify

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H. M. WOOD, sworn for the Defendant.I am the Clerk of the Commissioners of Roads and Revenues ofFulton County. Standing in the back kitchen door of the Selig residence,that enters on the back porch and undertaking to look into the diningroom, I could not see the mirror in the corner of the dining room at all. Moving up into the kitchen, near the passageway, I could see nothing but top of one chair by looking in the mirror.CROSS EXAMINATION.The view that I could get of the mirror would depend upon where Istood in the kitchen. I can only speak from

C W BERNHARDT, Sworn In For The State, 109th To Testify

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C. W. BERNHARDT, sworn for the Defendant.I am a contractor and builder. This (Defendant's Exhibit 52) fairlyrepresents the back porch of the Selig home, as well as the first floor ofthe house. Standing in the kitchen door you can't look through the passageway and see into the mirror. If you move up a little distance youcan see about 18 inches of the mirror. You could see nobody sitting onthe south side of the table in the dining room, or on the north side of thetable, in fact you cannot see the table at all, or the door leading from thedining

T H WILLET, Sworn In For The State, 108th To Testify

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T. H. WILLET, sworn for the Defendant.I am a pattern maker. I made the pattern of pencil factory from ablue print. This is the model (Exhibit 13 for Defendant).CROSS EXAMINATION.The height of the floors is not made according to scale. The floorplan is a correct representation, according to the blue print. The windowsin Mr. Frank's office were not put in by me.RE-DIRECT EXAMINATION.I was given no instructions except to follow the ground floor plan asshown on the blue print. This is the blue print (Defendant's Exhibit85), from which I made the model.T H WILLET, Sworn In For The State, 108th

J Q ADAMS, Sworn In For The State, 107th To Testify

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J. Q. ADAMS, sworn for the Defendant.I am a photographer. I took photographs of the Selig home at 68 E.Georgia Avenue from the inside and the outside of the back door, lookingtoward the passageway that leads in the dining room. The door into thedining room was open, for me. This view (Exhibit 62) is view madefrom the outside of the rear door. I was about three feet outside of thedoor. The picture does not extend to the mirror, or the sideboard. Youcould not see them from the outside. This (Exhibit 63 for Defendant) isa photograph taken standing directly in the

I U KAUFFMAN, Sworn In For The State, 106th To Testify

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I. U. KAUFFMAN, sworn for the Defendant.I made a drawing of the Selig residence on Georgia Avenue, in thiscity, showing the kitchen, dining room, the reception room, parlor andpassageway between the kitchen and dining room. The mirror in thedining room is in the sideboard as shown on the plat (Defendant's Exhibit52). It is fourteen feet from the kitchen door to the passageway inthe dining room and the passageway is a little over two feet. Standingin the back door of the kitchen room against the north side of the door,I could not see that mirror, because of the partition between the

R P BUTLER, Sworn In For The State, 105th To Testify

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R. P. BUTLER, sworn for the Defendant.I am the shipping clerk of the Pencil Company. I am familiar withthe doors leading into the metal room. They are wooden doors, withglass windows. There is no trouble looking through these windows intothe metal room, even when the doors are closed. The glass in the dooris about fifteen inches by eighteen inches. Any one of ordinary heightcan see through them easily.CROSS EXAMINATION.The doors are six feet wide together. The passageway from theelevator back to the metal room is ten feet wide with the exception ofthat part where we have some boxes piled up,

A N ANDERSON, Sworn In For The State, 104th To Testify

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A. N. ANDERSON, sworn for the Defendant.I work at the Atlanta National Bank. That is the original passbookof Leo M. Frank (Defendant's Exhibit 50).CROSS EXAMINATION.I don't know that that's the only bank account that he had. He mayhave had others. Yes, the pencil company does business with the AtlantaNational Bank. I don't know anything about how much moneythey had on April 26. Mr. Frank's bank book was balanced August"11. These are all the checks that he drew (Defendant's Exhibit 51)during April.RE-DIRECT EXAMINATION.These cancelled checks are the ones that have been paid since April1, 1913. Mr. Frank had drawn no others

ISAAC HAAS, Sworn In For The State, 103rd To Testify

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ISAAC HAAS, sworn for the Defendant.I know Leo M. Frank for over five years. His character is verygood. I did not hear my telephone ring on Sunday morning, April 27th.My wife heard it. The telephone is twenty-two feet from my bed.CROSS EXAMINATION.My wife waked me up when she answered the telephone.ISAAC HAAS, Sworn In For The State, 103rd To Testify

DR WM OWENS, Sworn In For The State, 102nd To Testify

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DR. WM. OWENS, sworn for the Defendant.I am a physician. I am also engaged in the real estate business. Atthe request of the defense I went through certain experiments in the pencilfactory to ascertain how long it would take to go through Jim Conley'smovements relative to moving the body of Mary Phagan. I keptthe time while the other men were going through with the performance.I followed them and kept the time. Mr. Wilson of the Atlanta BaggageCo. also kept time with me. Mr. Brent and Mr. Fleming enacted the performance. The performance enacted was as follows: "12. 56 o'clock,Conley goes

A D GREENFIELD, Sworn In For The State, 101st To Testify

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A. D. GREENFIELD, sworn for the Defendant.I am one of the owners of the building occupied by the Pencil Company on Forsyth Street. I have owned it since 1900. When we boughtthe building it was occupied by Montag Bros. They used it as a manufacturing plant. The Clarke Woodenware Company sub-leased part of the first floor from Montag Bros. They used the front door on MontagBros. in going in there. We have not put in any new floor on the secondstory of the building. I have known Mr. Frank four or five years. Hischaracter is good.CROSS EXAMINATION.I have come in

JOHN FINLEY, Sworn In For The State, 100th To Testify

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JOHN FINLEY, sworn for the Defendant.I was formerly master machinist and assistant superintendent ofthe pencil factory. I have known Mr. Frank about five years. His characterwas good.CROSS EXAMINATION.I am now superintendent for Dittler Bros. They are not related tothe Franks. I left the pencil company about three years ago. I havenever heard anything about women going up in the factory after workhours. Mr. Frank and I usually left together about six o'clock. Mr.Frank went to lunch usually about one o'clock. I would sometimes workat the factory all Saturday afternoon. I did that most of the time that Iwas there. The

W D MCWORTH, Sworn In For The State, 99th To Testify

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W. D. Mc WORTH, sworn for the Defendant.I am a Pinkerton detective. I worked for fifteen days on the Frankcase. For three days I took statements from the factory employees andon May 15th, I made a thorough search of the ground floor. I found nearthe front door on the ground floor, stains that might or might not havebeen blood. All the radiators in the factory had trash, dirt and rubbishbehind them. Behind one of the radiators near the Clark Woodenwareplace, where the partition is, I found much trash, behind the trap door,up against the partition, and on top of the

JOHN M MINAR, Sworn In For The State, 98th To Testify

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JOHN M. MINAR, sworn for the Defendant.I am a newspaper reporter for the "Atlanta Georgian. " I visitedGeorge Epps Sunday night, April 27th. I went there to ask him and hissister when was the last time either of them had seen Mary Phagan.George Epps and sister were both present. I asked them who had seenMary Phagan last, and the little girl Epps said she had seen her on theprevious Thursday. George Epps was standing right there and he saidnothing about having seen her Thursday. He said he knew the girl, thathe had ridden to town with her in the mornings

HARLEE BRANCH, Sworn In For The State, 97th To Testify

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HARLEE BRANCH, sworn for the Defendant.I work for the Atlanta Journal. I had an interview with Jim Conleyon two occasions. On May 31st, he told me he didn't see the purse ofthis little girl. He said that it took about thirty-five minutes after goingupstairs until he got out of the factory. He said he finished about 1:30and then went out. He said that Lemmie Quinn got into the factoryabout 12 o'clock and remained about 8 or 9 minutes.CROSS EXAMINATION.I am sure about his saying he saw Lemmie Quinn at the factory atthat interview. He was in jail when I had

JOE STELKER, Sworn In For The State, 96th To Testify

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JOE STELKER, sworn for the Defendant.I have got charge of the varnishing department at the pencil factory,about sixty people work under me. I saw the spot that Mr. Barrettclaimed he had found in front of the young ladies' dressing room. Itlooked like someone had some coloring in a bottle and splashed it on thefloor. Chief Beavers asked me to find out whether it was varnish or not.I saw the white stuff on it. It looked like a composition they use on theeyelet machine or face powder. They carry that stuff around in bucketsin the metal room. It gets spilled on

NATHAN COPLAN, Sworn In For The State, 95th To Testify

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NATHAN COPLAN, sworn for the Defendant.I remember last Thanksgiving Day was a very disagreeable day. Idon't remember whether it snowed. The B'nai B 'rith is a charitable organization here composed of young men. They gave a dance out at theJewish Orphans' Home Thanksgiving evening. Mr. Frank had chargeof it. Mr. Frank and his wife were there. I got there about 8 o'clock.They were there at that time. They stayed there until about 10 o'clock.NATHAN COPLAN, Sworn In For The State, 95th To Testify

MILTON KLEIN, Sworn In For The State, 94th To Testify

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MILTON KLEIN, sworn for the Defendant.I saw Mr. Frank last Thanksgiving evening at a dance given by theB'nai B'rith at the Hebrew Orphans' Home. I also saw him that sameafternoon between half past four and six o'clock. The dance lasted fromeight to half past eleven. Mr. Frank helped Mr. Copeland and myselfgive the dance. We were the committee in charge.CROSS EXAMINATION.I was down at the jail to see Mr. Frank when the detectives broughtConley down there. I sent word down that Mr. Frank didn't care to seeConley, that he didn't care to see anyone at that time. He knew that

HENRY SMITH, Sworn In For The State, 93rd To Testify

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HENRY SMITH, sworn for the Defendant.I work at the pencil factory in the metal department. I work withBarrett. He has talked to me about the reward offered in this case. Hesaid it was $4,300, and he thought if anybody was to get it, he was to getit, because he found the blood and hair, and he said he ought to get thefirst hook at it. He said it six or seven different times.CROSS EXAMINATION.He would come out of the room counting it off on his hands. He didthat 2 or 3 times and sort of laughed, counting that imaginary money.HENRY

R L BAUER, Sworn In For The State, 91st To Testify

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R. L. BAUER, sworn for the Defendant.During the summer of 1909 and 1910, I worked at the National Pencil Company on Saturdays. Since that time I have worked off and on at the factory on Saturdays doing extra work. I have also been up to theoffice Saturday afternoons, frequently during the past twelve months. Iwas there while Mr. Schiff was off on his trip. I was up at the office onthe Saturday afternoon before Mr. Schiff went away. Mr. Holloway,Mr. Schiff, Mr. Frank and the office boy were there. I have never seenany women in Mr. Frank's office on the

I M HAMILTON, Sworn In For The State, 90th To Testify

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I. M. Hamilton. All sworn for the defendant. Testified that they livedin Gwinnett or Walton County; that they used to know C. B. Dalton beforehe left Monroe in Walton County, that his general character fortruth and veracity is bad, and that they would not believe him on oath.I M HAMILTON, Sworn In For The State, 90th To Testify

DAISY HOPKINS, Sworn In For The State, 87th To Testify

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DAISY HOPKINS, sworn for the Defendant.I am a married woman. I worked in the factory from October, 1911,to June 1, 1912. I worked in the packing department on the second floor.Mr. Frank never spoke to me when he would pass. I never did speak tohim. I've never been in his office drinking beer, coca-cola, or anythingelse. I know Dalton when I see him. I never visited the factory withhim. I never have been with him until I went to his house to see Mrs. Taylor, who lived with him then. That was the only place I have everseen him. I

CHARLIE LEE, Sworn In For The State, 85th To Testify

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CHARLIE LEE, sworn for the Defendant.I am a machinist at the pencil factory. I remember an accident toDuffy in the metal room. His finger was hurt on the eyelet machine,about Oct. 4, 1912. It bled freely and the blood spouted out. Therewas a lot of the blood on the floor. He went down the hall to the office, bythe ladies' dressing room. There was blood at that point. Gilbert alsogot hurt in the metal room last year. He was bandaged in the office also.In going from the metal room to the office, you go right by the steps.CROSS EXAMINATION.I have

GODFREY WEINKAUF, Sworn In For The State, 84th To Testify

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GODFREY WEINKAUF, sworn for the Defendant.I am superintendent of the Pencil Company's lead plant. Beginningwith July, 1912, up until the first week in January, 1913, I visited the officeof the pencil factory every other Saturday, between three and fiveo'clock. I would stay there about two hours. I would find Mr. Hollo-way, Mr. Frank and Mr. Schiff there. I never saw any women in theoffice there.CROSS EXAMINATION.I never saw Jim Conley there at the factory on Saturday afternoon.I am sure I saw Holloway there on Saturday afternoon.GODFREY WEINKAUF, Sworn In For The State, 84th To Testify

PHILLIP CHAMBERS, Sworn In For The State, 83rd To Testify

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PHILLIP CHAMBERS, sworn for the Defendant.I am 15 years old. I started working for them December 12, 1912,as office boy, at the pencil factory. I left there March 29, 1913. I stayedin the outer office. On Saturdays I stayed until 4:30 and sometimes until5 o'clock. I never left before 4:30 on Saturdays. I would go to dinnerabout 1:30 and get back at 2. Sometimes on Saturdays I would be sentto Montag's for 15 minutes, to get the mail. I would sometimes go outto the Bell Street plant to get the pay roll there. I would get back at 12o'clock. Mr.

FRANK PAYNE, Sworn In For The State, 82nd To Testify

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FRANK PAYNE, sworn for the Defendant.I was office boy last Thanksgiving day at the pencil factory. It wassnowing that day. I am 16 years old. Mr. Schiff and Mr. Frank wereworking there in the office that day. Mr. Schiff sent me up on the fourthfloor to straighten the boxes up. Jim Conley was there sweeping. Heleft the factory about 10:20. I left about 11. He had finished his work.I went by the office to get my coat. Mr. Schiff and Mr. Frank were stillworking. When I left I did not see Conley anywhere about the door.For two months I worked

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